Indira Jaising: trailblazer for justice and leader of change

Indira Jaising, a renowned Indian lawyer and significant human rights activist, has been at the forefront of some of the most iconic cases. Her work has significantly impacted India’s progress, making her a key figure in the country’s development. She is an inspiration to millions, a force of nature that stands tall even at the age of 84. A trailblazer and a woman ahead of her time, Indira’s liberal mindset and innate need for justice have led her to fight for the rights of the weaker sections of society, including LGBTQ, women, and sex workers. Let’s delve deeper into Indira Jaising’s life journey and achievements.

Education

Indira Jaising was born on 3^rd June , 1940, amid the chaotic partition period in Mumbai to a Sindhi-Hindu family. She completed her school studies at St. Teresa’s Convent High School in Santa Cruz, Mumbai, and Bishop Cotton Girl’s School, Bangalore. Jaising earned a Bachelor of Arts from Bangalore University. She completed her LLM degree (Master of Law) from Mumbai University in 1962.

When Indira reached her 20s, her parents started looking for a suitable groom for her to marry. While her parents were conservative, they did not stop her when she expressed her wish to pursue law. It was a tough job as a woman to hold guard in a male-dominated field at that time. She went on to complete a year-long fellowship in London at the Institute of International Legal Studies. It was in London that she started passionately participating in activism and protests. Her love for activism has never left her since.

An unstoppable force: Jaising’s iconic cases and impressive fights in favour of women’s justice, fundamental rights and the environment

Indira Jaising fought Mary Roy’s case, a significant fight against women’s discrimination. They won the case, mandating equal inheritance rights to Syrian Christian women in Kerala. This victory was a landmark in the fight for gender equality in India. With the win in this case, Indira trailblazed a path for all the women, setting a precedent for future gender equality cases.

Indira Jaising is an exceptional lawyer. She fought and won Rupan Deol Bajaj’s case. Rupan is an IAS officer who filed a complaint against KPS Gill, the Director General of Police in Punjab, for molesting her. This was a high-profile case that required a strategic legal approach. He was convicted under sections 354 and 509 for outraging a woman’s modesty. This case stands as a landmark example of successfully prosecuting sexual harassment, paving the way for future legal actions.

She also took Gita Hariharan’s case and won, which led to the Supreme Court declaring that the mother is an equal legal guardian of the child if the father is absent or shows total apathy towards child welfare.

Jaising challenged the Indian Divorce Act in the High Court of Kerala. She fought against the allowance of divorce based on fault theory; as societal norms change over time, divorce doesn’t need to occur only because one of the partners is at fault. This enabled Christian women to get divorced due to cruelty or desertion.

She also fought for Teesta Setalvad, a journalist and activist who was framed for embezzling money from victims of the Gujarat riots in 2002.

Priya Pillai, an environmental activist with Greenpeace India, was denied boarding a flight to the UK by the government as she was about to make a speech on the consequences of coal mining in India. The government stated that doing so would ruin the country’s reputation. Priya was denied the right to free speech and travel. Indira fought Priya’s case and won, protecting Priya’s fundamental rights.

Jaising also challenged the process of designating a senior advocate. She stated that the procedure was biased, unfair, and nepotistic. Her advocacy led to the Supreme Court proposing guidelines to change the process of designation by creating a permanent selection committee. This change in the legal system was a significant victory for transparency and fairness in the legal profession.

Indira Jaising is the martyr who fought for the organisation of Muslim women, the Beebak collective, against the triple talaq rule. The Triple Talaq case has been controversial for a long time. Jaising, an outstanding lawyer, won the case and justice for all Muslim women in India.

Indira Jaising has taken over the West Bengal Junior Doctors’ Forum rape case. Given the case’s high-profile nature, Jaising’s expertise and longstanding commitment to advocating for women’s justice will significantly strengthen the victim’s position.

Indira Jaising represented the victims of the infamous Bhopal gas incident. She fought against the Union Carbide Corporation for the victim’s claim for compensation due to the accident.

Jaising represented Mumbai residents being evicted from their informal settlements due to redevelopment. She is a strong supporter and a prominent defender of vulnerable groups’ rights. She fought for their fundamental rights and argued that they should be given fair compensation and an alternative housing facility if they were being evicted.

Indira was also involved in the People’s Commission on Violence in Punjab, serving as a human rights activist and legal expert in the 1990s when there were widespread cases of violence, abuse and killings by militant groups and security forces.

Indira also worked to frame a law for domestic violence against women. She highlighted the importance of the need for domestic violence law as it was an eminent issue uprising in society and how the dowry act and Indian penal code were insufficient for women’s protection. She argued for a legal framework and providing the victim with immediate relief, a protection order, a residence order and compensation. As a result, the Protection of Women from Domestic Violence Act (2005) was implemented to protect women against domestic violence.

Indira Jaising took the case of Vishaka vs the state of Rajasthan. She represented the women’s rights organisation after Bhanwari Devi, a social activist in Rajasthan, was gang raped because she attempted to stop a child marriage. Jaising brought into the limelight the fact that Indian laws lack the law to protect women from sexual harassment in the workplace. Her argument led to the development of Vishaka Guidelines, which were laid out to address sexual harassment in workplaces. These guidelines were the foundation for the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

Indira fought for various aspects of women’s justice and fundamental human rights, endeavouring to bring to the limelight the most underrated yet significant injustices of society.

Indira Jaising: A trailblazer in the true sense

First female senior advocate of India

Indira Jaising’s impressive work record and dedication to serving justice and fighting against unfairness and injustice took her to extraordinary heights in her legal career. She challenged the system for an unfair and opaque procedure of designating the senior advocate and successfully changed the system for the better. Jaising became India’s first female senior advocate due to her groundbreaking work in women’s rights and public interest litigation, notable cases and national and global recognition.

A senior advocate is a lawyer recognised by the Supreme Court and the High Court as an expert with exceptional skills, knowledge, and experience. It is a prestigious designation and is considered a prominent milestone in a lawyer’s career.

First female Additional Solicitor General (ASG) of India

Indira Jaising was appointed Additional Solicitor General of India in 2009, the first woman to hold this prestigious position. She served as ASG from 2009 to 2014. An ASG is a law officer who assists the Solicitor General and Attorney General in representing the government of India. The President of India appoints ASG.

First Indian woman elected by the U.N Committee for Elimination of Discrimination against Women

She was appointed as a U.N. expert due to her terrific records and work in justice for women’s rights and fighting against women’s violence and injustice. She played a crucial role in administering the reports and engaging in policy advocacy to end women’s violence and discrimination. By working on this convention and advocating for women’s rights, she made a national and global impact.

First Indian lawyer in the Fortune magazine’s World’s 50 Greatest Leaders

Indira Jaising was ranked 20^th in the World’s 50 Greatest Leaders list 2018.

“When the poorest in India need a voice, they find one in Jaising, a lawyer who has dedicated her life to battling injustice. Jaising has fought on behalf of victims of the 1984 Bhopal gas disaster, helped Syrian Christian women in India win property rights equal to their male counterparts, and helped draft India’s first domestic violence law. Her work has recently led her to Myanmar, where the U.N. appointed her to lead an investigation into the persecution of Rohingya Muslims.”

– Fortune World’s 50 Greatest Leaders 2018

An international expert: Hired by the U.N. to investigate Rohingya Muslim rape and murder case in Myanmar

After the Arakan Rohingya Salvation Army attacked Myanmar military posts in Rakhine state, the Myanmar military forces started murdering men, women and children and raping women of the Rohingya population in their state, accusing them of being insurgents. They burnt their villages and forced displacement, leading to over 70,000 Rohingya Muslims escaping to Bangladesh.

The U.N. hired Indira Jaising to investigate the Rohingya Muslim rape and murders in Myanmar. Indira was appointed to lead the investigation and was sent to build documentaries, collect evidence and build a legal case against the culprits.

Awarded with Padma Shri for her work

Indira Jaising was awarded the Padma Shri, the fourth-highest Indian civilian award, by the President of India in 2005 for her work in public affairs.

Lawyer’s collective

Indira Jaising and her husband, Anand Grover, who is also a designated senior advocate, founded a non-governmental organisation (NGO) run by a group of lawyers who sought to work for human rights and have a mission to empower the marginalised sections of society by using the law. Founded in 1981, this NGO has been working to change the status of marginalised groups and administer and solve issues such as sexual assault, gender-based violence, gender inequality, matrimonial and family matters, domestic violence, sexual harassment at the workplace, HIV/AIDS discrimination, reproductive rights and rights of the LGBTQ community, access to medicine and health care. Indira Jaising is the secretary of the lawyer’s collective. On 1st June 2016, Lawyer’s Collective was suspended due to an alleged violation of FCRA norms. While the Bombay High Court has passed an order to defreeze the domestic accounts of the NGO, the suspension is being challenged in the Supreme Court.

“Justice is about equity, fairness, and above all, about access. Women’s access to justice must not be an exception but the rule.”

– Indira Jaising

Conclusion

Indira Jaising is a fierce, inspirational, revolutionary figure, a successful lawyer, and a hardworking women’s rights and social activist. She has dedicated her life to serving justice and fighting for the rights of people, especially the marginalised sections. And Jaising is still working tirelessly for the cause. She epitomises leadership, confidence, courage, resilience, compassion and dedication. One can learn so many things from her by looking at her life journey. Her true passion for her work, immense courage to fight and challenge decades of stereotypes and unjustified systems, and self-confidence led to many milestones in her career. Indira Jaising is an invincible force whose legacy continues to inspire and pave the way for future activists and lawyers.