Bridging the Gender Gap in Access to Justice

My remarks at the Conference hosted by the World Bank at Washington DC on Justice and the Rule of Law Global Forum

Bridging the Gender Gap in Access to Justice

Panel Discussion

Remarks by Payal Chawla

I am a domestic abuse survivor. I have also endured pregnancy and young motherhood discrimination at the hands of one of the world’s largest corporations, resulting in an eight-year battle before the Supreme Court of India. I am a lawyer with a Master’s degree in Law from one of the top universities in the world. I belong to a select group of women privileged enough to enjoy steadfast familial support. I am an empowered woman in every sense, yet these injustices happened to me.

Although I lost the litigation before the Supreme Court, I had the means to fight. The fight in and of itself was empowering.

When I started my law firm, the immediate goal was to generate some income to survive. My long term goal was to create wealth for myself. But at the same time, I was acutely aware that my story was not unique, but rather a reflection of what many women around the world endure. I was aware that unlike me, others lacked support, resources, and the means to fight back. Most did not even recognize that what they are experiencing is abuse.

Violence, discrimination, abuse and harassment are violations that affect the majority of women globally.

When I founded my law firm, I envisioned a workplace that resonated with my own experiences and aligned with a shared vision. I sought colleagues who faced similar challenges and leveraged similar strengths. Women, in particular, came to mind.

As a mother of a young son, I needed flexibility to manage both professional duties and domestic responsibilities. My colleagues were in similar situations—caring for children, partners, parents, or even pets. We were all dedicated professionals, yet we sometimes needed to work from the safety and convenience of our homes, especially before nightfall.

Our workday was structured around daylight hours; we needed to be home to help with homework, cook meals, and tend to family early in the morning. Unlike some of our male peers, we couldn’t afford to stay out late for drinks or networking events. Our responsibilities to our families required our presence.

This model of working didn’t just accommodate our needs—it also fostered a deeply committed and empathetic team, grounded in mutual respect and understanding.

Women in the workplace often earn significantly less than their male counterparts. At home, this disparity can lead to added pressure, as they face criticism for not contributing enough financially and are expected to compensate by taking on more domestic responsibilities. This creates what I describe as the “cycle of the tetrad hex”—a complex web of professional and personal challenges.

Despite these disadvantages, women are expected to perform at par with their male colleagues. In the legal profession, this challenge is compounded by having dual workplaces: the law firm and the courtroom. In court, lawyers contend with adversaries in an environment I cannot control. Nor can I influence the personal circumstances of these young women at home. However, I can and do take responsibility for the atmosphere within our firm, ensuring it is supportive and equitable.

At our firm, we offer a safe space for women, allowing them to earn and learn, at their own pace, amongst peer group with similar challenges that are unique to women, without the fear of judgment or victimization for not working beyond the necessary hours. This supportive environment fosters growth and development contributing to the broader goal of gender equality in the legal profession.

Focusing on commercial law and arbitration aligns with my professional background and expertise. Interestingly, this field, particularly in disputes, is dominated by men. My goal is to nurture women in this area. Commercial law also commands the largest share of the financial pie, and it is personally important to me that women have the opportunity to claim a portion of that.

My aim was to bridge the gender disparity in the legal industry in my small way, particularly in a patriarchal society like India. On one level, this is my way of giving back to society. More importantly, if I can inspire enough businesses to replicate this model, it would be my ultimate vindication against the challenges I’ve faced in my personal and professional life.

I can see that some might view all-women businesses as a form of segregation, but this comparison is unfounded. Women have long been the victims of ‘stratification economics,’ a situation that is exacerbated when elements such as caste, colour, or sexuality are added to the mix.

In a 2017 article titled – ‘Women can’t educate their way out of the gender wage gap,’ Elise Gould and Teresa Kroeger state, and I quote, “Women with a high school degree are paid around 80 percent of what men are paid, and women with a college or advanced degree are paid just 73 percent. Furthermore, women who hold advanced degrees are paid even less than men with bachelor’s degrees.”

True equality remains elusive for women. They face a litany of challenges: subjugation, unpaid labour and reduced pay. Discrimination is rampant in male-dominated fields, often fuelled by perceived threats to masculinity and sustained by exclusive “boys’ club” power structures. related to pregnancy and young motherhood. Even those who evade explicit misconduct still encounter prejudices from dominant male cohorts. Their voices are often dismissed even in boardrooms.  Or just diminished by the dominant male baritone. Women confront or face the possibility of  assault, sexual harassment, and discrimination.

Despite these considerable obstacles, women are expected to perform at the same level as men. It’s akin to one gender running a straightforward 100-meter dash while the other navigates a steeplechase—yet both are judged as if they’re in the same race.

Even in developed countries, we are witnessing the backsliding of women’s rights, which have been hard-fought. A prime example is the ongoing struggle for bodily autonomy. Thus, the rights that women currently enjoy should never be taken for granted.

I’m not advocating for gender-segregated businesses indefinitely, as that would be neither economically beneficial nor culturally appropriate.

However, in the interregnum, until we achieve some semblance of equality for women, it’s imperative that women support one another. Over the years, we have seen a rise in women creating cohesive groups through conferences, meetings, off-sites, and WhatsApp groups. However, for these efforts to translate into significant economic benefits, women have to be more strategic. We need a mind shift beyond merely seeking funding; we must focus on wealth creation and challenge the mindset that views money negatively.

For true equality, women in positions of power must actively support other women—whether they are employees, vendors, consultants, lawyers, or arbitrators. It’s about creating a sisterhood akin to and one that challenges the traditional “boys’ club.”

Financial and business networking also presents challenges, as traditional networks are often male-dominated. To counteract this, we have to built strong alliances with other women-led businesses and networks, fostering a community that supports and promotes mutual growth.

Let me tell you, as someone who has done this for 11 years, that contrary to popular belief—women can work together. Do not allow anyone to tell you otherwise.

And all-women businesses are immensely rewarding. My firm, JusContractus, has been profitable and cash flow positive from its inception. Yes, scaling remains a challenge, but that is due to the Indian partnering restriction for lawyers.

Women are diligent, punctual, and efficient; they seamlessly straddle work and home responsibilities without compromising their duties. They do not have the luxury of wasting time; they are simply incredibly efficient.

In addition, all-women businesses provide a supportive environment that encourages growth, mentorship, and mutual upliftment. Women in such spaces often feel safer and more empowered to express themselves, share their ideas, and take on leadership roles. This environment fosters confidence and innovation, ultimately leading to superior client service and creative solutions.

Women also bring unique perspectives to challenges, often rooted in their varied life experiences, allowing for a more nuanced understanding of issues.

However, all-women businesses are not without its challenges. Overcoming societal stereotypes and biases is an every-day struggle. It is also everyday work to dispel the persistent misconception that women might be less competent or authoritative.

Ensuring work-life balance is another challenge. As women often juggle multiple roles at home and work, creating a flexible and supportive work culture has been crucial. This includes implementing policies that allow for flexible working hours, remote work options, and a strong support system for personal and professional development. At our firm, we implemented flexible work arrangements and invested in technology early on, well before COVID-19. Our small firm was ahead of most other law firms in India. We did not lose a single day’s revenue during COVID-19. This is something I am very proud of.

Watching young women colleagues grow into confident, capable leaders and seeing the positive impact we have on our clients affirms the importance of my vision.

At the end I want to say that speaking at a platform of this importance, is not lost on me. I hope my message resonates with everyone here, and I urge the international community to consider how this could be integrated into the global agenda. There is a vital need to actively promote, foster, encourage, and financially support women-led and all-women businesses.