This article is written by By M N Mansi Kaveramma
Introduction
Starting from nothing is always a task in business, law, or any other field. This Women’s Day, we at House of Kanoon are pleased to acknowledge Advocate Indira Jaising who set her mark in a historically male-dominated field of law…
The foundation of this breathtaking journey was laid by Cornelia Sorabji in India post-1923, when she was finally recognized as a barrister after having crossed the hurdles of studying at Oxford University as a pardanashin woman, writing the 1897 examination of the University of Bombay to secure an LLB degree and even the High Court of Allahabad’s pleader’s exam in 1899.
You may wonder what makes us remember Cornelia Sorabji here. It is the similarity that Advocate Indira Jaising bears with this first lady- the University of Bombay as her alma mater but for Master of Laws!!!
Down the memory lane
Clad in a crisp blue sari and a bob cut, with a voice bearing strength and courage to speak the truth, Indira Jaising is a strong advocate of justice and human rights with the right balance of empathy and practicality demanding no overlook.
Listening to her on “Indira Jaisingh Decoded” by the Quorem as journalist Anuradha Sengupta interviews her is a pleasure. The way Indira Jaising reveals the struggles of having an identity in times of partition, the important aspects of the judiciary, the passion for legal journalism, the observations of the courtroom, how media trials can cause people to have an unjustified bias in a pending case among other areas depict how the demand alongside fighting for justice runs in her blood.
Born on the 3rd of June 1940 into a Sindhi Hindu family in Bombay amid the struggles of partition, Indira Jaising pursued her schooling at Mumbai’s St Teresa Convent High School and Bengaluru’s Bishop Cotton’s Girls’ School. With a Bachelor of Arts and Master of Law from Bengaluru University and the University of Bombay, in 1986, with a fellowship for London’s Institute of Advanced Legal Studies, she went on to become the High Court of Bombay’s very first designated woman Senior Advocate.
In 2005, for her notable contributions specifically related to human and gender-based rights in the public sphere, Indira Jaising was awarded the Padma Shree.
2009 marked a turning point in the Indian Legal System, as she achieved another milestone by being appointed as the first female Additional Solicitor General of India. On 25th November 2013 at Teen Murti Bhavan, as the Additional Solicitor General of India, she delivered the first UN inaugural lecture on “One Year Later- Taking Stock of Progress on Ending Violence Against Women” which was duly applauded.
Along with her husband, Anand Grover—a prominent Senior Advocate recognized for his significant contributions to landmark cases such as the Naz Foundation case, the Novartis case, the Shatrughan Chauhan case, and Shreya Tripathi’s case—this influential couple founded an NGO called Lawyers Collective in 1981 and “The Lawyers” magazine in 1986. She went on to co-found another digital platform “The Leaflet”.
Fortune Magazine, listed Indira Jaising as one of the “world’s 50 Greatest Leaders” in 2018.
Golden Legal Accolades
While Indira Jaising has an illustrious ongoing legal career, few contributions shall be remembered by all.
In the Triple Talaq case, Indira Jaising represented the Bebaak Collective, an organization advocating for women’s rights contributing to ending the unfair practice where by barely pronouncing the word “talaq” three times, a Muslim woman could be divorced by her Muslim husband.
In Mary Roy’s case, where a woman’s husband turned out to be an alcoholic and she sought retreat at her father’s cottage in Ooty with her two children only to be dragged to the court by her brother on allegations of illegal occupation, Mary opened her school in Kottayam for financial independence. She approached the lower court against her brother seeking equal inheritance rights which were denied. On approaching the High Court of Kerala, she was granted the right to possession over the property but not the ownership due to which she filed a PIL before the Supreme Court of India. Indira Jaising’s contribution made sure that even Syrian Christian women in India could enjoy equal rights of inheritance as their male siblings.
In the Bhopal Gas Tragedy, where the leak of methyl iso cyanide from an American Company Union Carbide Factory in Bhopal caused a lot of deaths, Indira Jaising represented the Bhopal Gas Tragedy’s victims.
In Githa Hariharan’s case, Indira Jaising filed a petition on behalf of Geetha Hariharan and her husband challenging the provision of Hindu law which recognized only the father and not the mother as a c minor child’s natural guardian. The Supreme Court held that even a mother is a natural guardian of a minor child along with the father.
In K P S Gill’s case, the DGP of police at a party hit an IAS officer’s wife inappropriately, and an FIR was lodged by her. Indira Jaising represented the victim and the Supreme Court directed the Chief Magistrate to take cognizance of the act granting relief to the couple.
In the Bilkis Bano case, wherein during the Gujarat riots of 2001, a 21-year-old Bilkis Bano was gang raped and her daughter was killed to death, Indira Jaising represented MP Moitra who was one of the advocates against the releasing of Bilkis Bano’s rapists. The Supreme Court asked the State Government to reconsider its decision to release the convicts.
In the Live Streaming Case, Indira Jaising played a key role in bringing live streaming of courtroom proceedings to public access.
In the Seniority case, Indira Jaising sought clarification as to the definition of the powers of the courts to designate Senior Advocates.
In R G Kar Medical College case, wherein a post-trainee medical student was raped within the campus of a medical college and died by murder, West Bengal Junior Doctors Forum is represented by Indira Jaisingh on consent from the former counsel Geeta Luthra.
In Yakub Menon’s case and Nirbhaya’s case, Indira Jaising advocates against the hanging of the convicts on the reason of procedural irregularities.
As an activist, she even protested against the victimizing of Teesta Setalvad who was dragged into an embezzlement case for political reasons alone.
Writings profound
Apart from being a noteworthy exponent of the law, Indira Jaising has also written books like Sexual Harassment at Workplace, and Handbook on Domestic Violence among others. She has also authored articles like Closure, Not Revenge: The Goal of Justice Should Be to Heal the Victim. Let’s debate on how to do that in Indian Express and other daily newspapers.
Conclusion
Though life has its ups and downs, with Indira Jaising’s Lawyer’s Collective once being under the radar and some honest opinions not going well with people, her grit and voice continue to inspire women to achieve heights throughout the world- both individually and as a power couple too.
This Women’s Day, her story reminds us that if one’s intentions and fight for the cause are true, nothing can stop one from achieving one’s goals.
On this inspirational note, the House of Kanoon wishes you a Happy International Women’s Day!!!
References
- The Quorem, “Indira Jaisingh Decoded”, Youtube
- Fortune, The World’s 50 Greatest Leaders
- UN Women, Indira Jaising, Additional Solicitor General to Deliver first UN Public Lecture on 25 November in New Delhi,(21 November 2013)
- Satya Prasoon, SCO Observer, Interview with Indira Jaising- Triple Talaq,(6th September 2017)
- Shayara Bano v. Union of India AIR 2017 SUPREME COURT 4609
- Mrs Mary Roy v. State of Kerala and Ors AIR 1986 SC 1011
- Union Carbide Corporation v. Union of India 1990 AIR 273
- Mrs Rupan Deo Bajaj and Anr v. Kanwar Pal Singh Gill 1996 AIR 30
- Geetha Hariharan and Anr v. Reserve Bank of India and Anr AIR 1999 Supreme Court 1149
- Indira Jaising v. Secretary General of Supreme Court of India Writ Petition no. 454 of 2015
- Bilkis Banu v. State of Gujarat Cr. Mis. Application no. 12478 of 2022
- NDTV News Desk, Who is Indira Jaising, Senior Lawyer to Represent Bengal Doctors in RG Kar case,(Sep 16, 2024)
