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on Section 34 delays and women's representation in
, a trailblazer in Gujarat’s legal fraternity, has long been an advocate for systemic change within the profession. In a wide-ranging interview, she reflects on her formative years under the guidance of , dissects the that continue to impede women lawyers from reaching senior designations, and pinpoints the critical bottleneck in arbitration proceedings—the prolonged pendency of . Her insights offer a rare, candid look at the evolving litigation culture and the persistent challenges faced by first-generation practitioners, especially women.
Mentorship and the Foundations of Practice
Jani began her career in 1993 in the chambers of , a period she credits with shaping her legal approach. “Mihirbhai’s drafting, his habit of reading thoroughly, preparing detailed notes and his non-aggressive way of addressing the court made a deep impression on me,” she recalls. Thakore’s diverse practice—spanning income tax, civil, company, and commercial matters—gave Jani early exposure to a broad legal canvas. She notes that the informal mentorship culture of the Bar was invaluable: “It was possible to walk up to them and ask simple or difficult questions. They were generous and offered useful comments while sitting in courtrooms or walking through corridors.”
An early piece of advice from former also left a lasting mark. After a particularly aggressive argument in a sales tax recovery case, Thakore called her into his chambers and said: “Try to speak in front of the mirror. When you speak loudly, your voice becomes shrill. That doesn’t work in court.” That counsel helped Jani modulate her courtroom presence—a lesson she still values, especially in the days before microphones became common.
The Changing Face of Litigation Culture
The legal landscape has shifted significantly over the past decade, driven largely by changes in legal education. Jani observes that young lawyers today enter practice with formal training from five-year law programs, many with advanced degrees and internships across diverse settings. “This formal training has brought a distinct professionalism to the practice and influenced how litigation is perceived,” she says. While specialisation is emphasised in corporate environments, general practice remains strong in higher courts. The , she notes, continues to see top counsel appearing across all branches of law.
Arbitration: The Real Bottleneck Is Section 34
When asked about the primary hurdles in arbitration, Jani is unequivocal: delay rarely occurs during the arbitration itself. “The critical delay happens at the stage of Section 34 challenges, which take a very long time,” she explains. Hearings stretch over many days with long intervals, and judicial transfers often force . She shares a personal example: “I have one Section 34 petition that has remained pending for 5 years and has been argued twice.” Until Section 34 applications are resolved in a time-bound manner, enforcement of will remain hampered by . She also draws a distinction between —such as those under land acquisition laws or the —and arbitrations conducted by trained , arguing that the former require a different degree of .
Jani commends the efforts of Chief Justice Sunita Agarwal in strengthening , including steps to empanel advocates onto arbitrator and mediator panels at the Arbitration Centre and the ’s .
Structural Hurdles for Women Lawyers
Women’s representation at the level remains starkly low. In the history of the since 1960, only four women have been designated Senior Advocates, of whom three are currently practicing. Jani attributes this to a combination of societal expectations and institutional bias. “ usually occurs after 25 to 30 years of uninterrupted practice,” she notes. “Historically, a significant number of women lawyers step back from active litigation during their 30s while trying to balance societal expectations, family obligations, motherhood and the unpredictable daily schedule of court litigation.”
While male and female representation is similar among lawyers in their 20s and 30s, the numbers diverge sharply after age 40. “Very few manage to stay on through their 50s, 60s and 70s.” Moreover, subtle biases persist among decision-making bodies regarding whether a woman lawyer possesses the traits traditionally expected of senior counsel.
Conversely, female representation is higher among judicial officers and government counsel. Seven judges on the are women—nearly one-sixth of the bench. In a recent recruitment round, 53 of 103 Civil Judges (Junior Division) were women. Jani believes that “higher female representation across the Bench and government panels noticeably alters , and .”
Advice for Young Women Entering the Profession
Jani’s advice to young women law graduates is practical and hard-won. “First, stay put,” she urges. “The initial 5-7 years are crucial for building a solid foundation of legal knowledge and establishing working routines.” She also advises reinvesting early earnings into tools that save time—whether hiring staff, buying books, or adopting software. “Work hard, read briefs thoroughly, stay updated on the law and keep informed about general events.” Finally, she reminds that the uncertainty of a —lack of fixed income, unpredictable schedules, slow initial work—afflicts male and female lawyers alike. “Navigating those early years requires patience and continuous preparation.”
Looking Ahead: Arbitration Governance and Institutional Independence
On the governance of arbitration centres, Jani advocates for a clear separation between arbitration bodies and the judiciary, while acknowledging that association with the High Court lends credibility. “Maintaining a clear institutional separation in administrative functions is equally important to preserve independence,” she says. She recommends including international arbitrators, foreign counsel, and independent domain experts on arbitration boards to ensure diverse expertise and global best practices.
Jani’s reflections offer a roadmap for both aspiring litigators and policymakers. Her career—from a young lawyer finding her voice in the Surat zari industry cases to a senior advocate navigating the complexities of arbitration—embodies the persistence she preaches. For the legal profession, her insights on Section 34 delays and gender equity are a timely call for structural reform.
