A lady (not a lawyer)
A lady (not a lawyer)
Retired Justice Markandey Katju published a blog post today entitled “Lady Lawyers”. In typical Katju blogging fashion (whenever not causing a media storm about judicial corruption), it’s a trip down memory lane starting with his time as a lawyer in 1970 Allahabad. Katju is trying to make a valid point in his post: he writes that in 1970 the percentage of “lady lawyers” in the courts was close to zero, now it’s 5%. (Achche din.)

Characteristically, Katju also pats himself on the back a bit for when he was Allahabad acting chief justice and started a toilet, washroom and big halls for “lady lawyers”, named after the first “lady lawyer” to have practiced in the court after the ban on “lady lawyers” was lifted in 1924. Later, as chief justice of the Madras high court, he set up a creche.

So far so good. But one thing that really rubbed me the wrong way, and not just in Katju’s blog post but also in mainstream newspapers and websites, is the repeated use of the phrase “lady lawyer” or, a tad better, “woman lawyer”.

Why the phrase is so wrong is partly encapsulated in this gem of Katju’s:

For ladies no doubt it is not easy to be a lawyer, as she has also to look after her family and home. But to the credit of lady lawyers they are bravely doing their job both of running a law practice, and looking after their families and home.

The stereotype that a woman “has to look after her family and home” may have been cool in the high courts in 1970 and the offices of the Mad Men era, but that kind of attitude and use of words like “lady lawyer” are a symptom of the cause of why the courts still have that fantastically improved 1 to 20 female to male ratio that Katju modestly celebrates in his blog.

Here are some more reasons of why “lady lawyer” is awful:

1. Lady lawyer, denotes a different type of lawyer. Not a normal lawyer, no, but one who is a lady. Like divorce lawyer, or corporate lawyer, the defining characteristic of the lady lawyer becomes that she is a lady.

2. Ladies, other than Gaga, are graceful but also silly, frivolous little things. In a time gone by, ladies have been known to be good for lunching, watching their gentlemen husbands play polo or cricket, or gossiping idly of womanly things while the men withdraw to the smoking room with their cigars and talk of politics and Stuff That Matters.

Having a career, playing competitive sports, or, God forbid, not getting married and not having children, were certainly not pursuits fit for a lady and you’d be appropriately shunned by polite society and other ladies.

While all ladies are women, not every woman can be a lady, for a lady is the type of women that behaves as a gentleman would expect her to.

And back in the day, gentlemen certainly expected more grace than a woman besting a man in a battle of wits in the courtroom.

3. A “lady something”, unless said in jest and/or we’re talking about toilets, fashion, gynaecologists or private parts, is generally either patronising or intended as abuse by men. Take “lady driver” or “woman driver”, which are rarely used in a complimentary fashion by men (who are statistically more dangerous drivers than women). Even the acting profession and airlines have moved with the times, using gender neutral terms such as male / female actors and cabin attendants, rather than actress and stewardess.

4. It is grammatically strange, if not inaccurate. Could you say “man lawyer” or “gentleman lawyer” or “boy lawyer”? The gramatically correct phrase are “female lawyer” and “male lawyer”, unless “lady lawyer” is now entered the lexicon as a compound noun much like “woman driver” or “gentleman caller”?

Some, such as Jeremy Clarkson, might claim this is political correctness gone mad. I disagree.

We are talking about professionals here and a lawyer is a lawyer is a lawyer, irrespective of gender. And if we are talking about issues of gender inequality or toilets, and specifically need to refer to the gender of counsel, then talk about lawyers who are women and female lawyers, not about ladies.

Katju can be forgiven for his use of “lady lawyer” because 1) he hails from another era and, I’m certain, doesn’t intend any harm by it; and 2) he is Markandey Katju.

Other, modern-day lawyers, should actively see to it that the term doesn’t become fashionable again.

Comments

DR 25 Jul 2014, 13:19
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Kian, hat-tip to you for this piece! Recently, I had an exchange with Katju on his facebook page (not an exchange, I asked him something he didn't want to answer; he blocked me and deleted the question). Since then, I have been reading Katju's FB page and blog closely and deriving a lot of entertainment from there. Yet, this piece looked like the patronising old man telling ' come on little girl, you can do it... of course, after you have done your cooking and cleaning'.

I think a gem in this piece is "When I went to Madras High Court as the Chief Justice I allotted some rooms in the High Court premises to serve as a creche, where young married ladies ( lawyers and registry officials ) could leave their children". Does Katju's creche deny entry to babies of unwed 'ladies'?
kianganz 25 Jul 2014, 13:24
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Thanks and fully agree, Katju's blog is *very* entertaining, also been hooked the last month or so he's started again...
Fine article. 25 Jul 2014, 14:07
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I've heard people say "She is a lady lawyer." Yeah.
At the Bar 25 Jul 2014, 15:03
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Kian, would like to bring this to your attention today, straight from the Royal Courts of Justice, London: http://www.legalcheek.com/2014/07/this-sign-for-the-toilets-in-the-royal-courts-of-justice-goes-beyond-everyday-sexism/
kianganz 25 Jul 2014, 18:37
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Wow, At The Bar, that is rather amusing. You can see where the legal profession got its love for ladies from... :)

This is quite interesting via Twitter: @nsaikia: @mkatju Two diff issues, if you'd like to read up. Re 'lady' this is the seminal paper IMO: http://t.co/KI3NT0m8CO

And Katju has responded in inimitable Katju fashion:

@mkatju: @nsaikia @LegallyIndia @jaikrishna18 @abhishekthakur What is wrong with you people ? I used the word 'lady' just to give respect to women
And Katju has responded in inimitab
Rahul 26 Jul 2014, 07:08
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The article smells of obsessive extremist feminism. It is but obvious if the soul and content if article is encouraging studying participation of woman in litigation. He would generally address them as lady lawyers. If author kept on writing just the word lawyer, without adding he is talking about women , how can one describe what he is speaking of. Instead of appreciating how he has explained his contribution and current situation in female participation in courts.History and society have been unfair to females in terms equality which is wrong and shoukd be condemned. But it is obvious while having discourse on feminism the prevalent and past would have to be discussed which would for purpose of purely discussion have to segregated and describes as women lawyer or pilot or driver . Because one is trying to either point out discrimination or show betterment . That it l self doesn't mean discrimination. The biggest enemy of women empowerment is certain section of obsessive feminists who will not let one half forget what they did and other half remember what has happened to them .
kianganz 26 Jul 2014, 07:29
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Rahul, you clearly didn't read more of the article than the first two paragraphs. My point is not that you can't ever point out that a lawyer is a woman, that's ridiculous. It is the patronising tone of phrases like "lady lawyers".

What's so hard about saying: female lawyers, or lawyers who are women, rather than "lady lawyers"?

The first two are descriptive, the last is laden with connotations.

By analogy, it's like calling lawyers with a disability "cripple lawyers", when it would be far better to say, "lawyers with a disability", for instance.

Or make similar examples with race or origin or religion. Would phrases like "Mallu lawyer", "Bong lawyer", "low-caste lawyer" or "Mohammeddan lawyer" be acceptable in a professional context? And would it help their integration into a court f they are always referred to by that phrase?
Jayna Kothari 26 Jul 2014, 12:45
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good pice! quite fed up with the use of the phrase 'lady lawyers' really and don't think we should forgive Katju or anyone else from a different era. They may not mean harm but they certainly are not respecting or giving credibility to female lawyers when referring to them in old-fashioned patronizing phrases such as 'lady lawyers'.
Sanchita 27 Jul 2014, 08:11
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Well done, Kian! Nice piece. This reminds me of a party where Justice Katju went to. He asked all the 'ladies' to come. (They were all final year law students.) I knew something was bound to happen. Something did happen. He asked, "Why should there be equality between men and women?" I, who happened to be one of the'ladies' present there, said, "Why shouldn't there be equality between men and women?" He retorted, "If you don't know the answer, you can always say you don't know the answer. There's nothing wrong in not knowing an answer." Somebody attempted an 'answer', tried to say how men and women are actually equal. He started pointing out the biological differences between men and women. I managed to hold my 'answer' to that. I started impatiently waiting for the 'answer'. The answer was that when we had an agriculture-based economy, the contribution of women did not get counted. But now when the economy has changed and the contribution of women is recognised, there 'should' be equality between men and women.
sheena 27 Jul 2014, 11:14
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So much for Kajtu patronising women folk in this article, he in the Delhi High once told a woman lawyer who left without the next date of hearing that Chamak Challo date toh leti jaa...!!!
Saumya 29 Jul 2014, 07:41
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A good piece Kian. But the sad truth is that very few men get affected by something like this. We, as women, have been treated differently all our life. For you to notice the usage of such a term and actually voice your opinion about it, means a big deal. Truly a lawyer is a lawyer. And unless oxford dictionary decides to introduce a new term for us, we will be lawyers. Thank you very much.
Devika 29 Jul 2014, 13:22
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This is excellent Kian!