Opinion: In search of acceptance - the Asian perspective

Kamani Jinadasa offers insight into the obstacles faced by women working in the Asian legal sector.

Although women form a large part of the population in Asia, the statistics relating to their presence in senior professional positions and even in parliament are discouraging. The reasons for such low figures and the backdrop of the Asian female legal practitioner’s career decision are not only affected by a lack of support but also by pressure to fulfil traditional roles that have been defined by the culture and religion that surrounds them.
This article seeks to offer insight into the issues faced by the female Asian legal practitioner.

Balancing the traditional role
The role of the South Asian female lawyer centres around the constant battle to balance traditional roles as caregiver and homekeeper with professional commitments. It is a balancing act that often serves as a key factor when selecting post-qualifying career.
The options available for the qualified female legal practitioner vary from becoming an instructing attorney (solicitor in other countries) or an in-house legal officer in a corporation; to legal counseling, which equates to the role of a barrister and is the least-selected career option.
Many firms in South Asia are dominated by women who engage in instructing work as opposed to counseling – which is the norm in many other countries. With fixed working hours and a stable income, working in a law firm or in a company as a legal officer is the popular choice for many women. Time can be easily managed and the day planned effectively – important factors for a working mother. Indeed, many firms are now introducing flexible working hours and telecommuting to accommodate and retain their trained female professionals.
In contrast, legal counsel tend to work on their own, with the assistance of junior counsel and working hours rotating around a largely inefficient judicial system leading to a culture of long and unpredictable hours. What’s more, this is the area where you strongly feel the presence of the ‘men’s club’ or legal fraternity – factors that have resulted in very few women making appearances in the court room.
An alternative that is slowly emerging is the opportunity to work in business processing organisations where work is monitored on the completion of work from any location at any time, thereby ending the requirement of physical presence and standard work hours. In a climate of financial difficulty, many overseas companies are finding it financially viable to seek more cost-effective legal services in countries where services are relatively cheaper.

Many steps ahead
The South-East Asian countries display a better acceptance of female lawyers, not requiring them to deal with the strong patriarchal nature of the South Asian culture and thereby not needing to justify their inclusion to their male colleagues.
They form part and parcel of the legal fabric of those nations, however the key drawback of participating in their country’s workforce for the long-term seems to be the same issue that most western countries face – the crying need for gender mainstreaming into regulations, policy and practice. This differs from South Asian countries that are not yet appreciating the unique nature of a woman’s responsibilities and are introducing ad hoc practices due to the need to retain their talents in the workforce.

Behind the purdah
Out of the Asian countries, Pakistan, Malaysia, Indonesia, Bangladesh and Maldives are Muslim states – while Muslims form an important part of the cultural fabric in other neighbouring countries.
It is significant that there are international women organisations and networks coming forward to further the rights of their female colleagues worldwide, with female lawyers taking the lead – giving sway to Islamic feminism. Their call is for the gender-neutral interpretation of the governing and limiting religious laws and removal of discriminatory laws and practices. What I notice is the greater acceptance of Muslim female litigators in countries where Muslims do not constitute the majority and issues only arise where there is a strong Muslim community, with the discrimination of female employment stemming, unfortunately from their own practices and traditions.

Crossing the ocean
The female Asian lawyers who seek opportunities outside of Asia face their own unique set of challenges. Arriving in another country can be very daunting. One female lawyer, who now lives in London, stated that upon her arrival she had only two options, one was to vie for the solicitors qualification (an option that would involve a period of two years study, after she had obtained her LLM from a British university), the other was to join the corporate sector. As a woman having all the potential to be a successful counsel, the exploration of the option to become a barrister was disheartening, accentuated by the need to invest in another ten years of study in order to qualify. Furthermore, the statistics relating to pupilages itself prove deterring, with 1,000 needing pupilage annually and only 200 positions being available.
It is encouraging, though, for the Asian lawyer who wishes to join law firms that are seeking to establish themselves as the employee of choice, in the event they are granted access to their respective countries to set up firms or business processing organisations. The firms in London comprise of a highly diverse workforce, creating an atmosphere of easy acceptance for highly skilled migrant employees.
However, the exceptional drawback faced by these women is the lack of strong networks and clientele base, which are often garnered from the early days of college and other associations within your native country. These provide you with the stepping stone to a partnership status in your respective law firm.
Women play a very important role in asserting their status in society – be it in the workplace, home or community. Instead of shouldering the total responsibility as the key caregivers in the family, as traditionally expected, women need to realise that the responsibility should be shared as both spouses are forced to enter the employment stream to support their families.
It is easier to develop a supportive environment for women in structured working environments such as law firms and companies. Most Asian firms are fortunately influenced by their affiliation to foreign networking organisations, clientele and partners, who have accepted the importance of moving away from rigid working hours to accommodate their female professionals.
The importance of a higher representation of women lawyers from this region cannot be ignored as they are mainly from developing countries that deal with conflict – both backdrops from which many psycho-social issues affecting women and children emerge. It is only a woman who can advocate her rights with an effective voice and examples must be drawn from the Islamic feminists and Cornelia Sorabji, India’s first female barrister, whose progressive steps have paved the way for female lawyers like ourselves to gain greater acceptance in societies that were once strongly patriarchal.
Nevertheless it is encouraging to note that most employers are now reviewing and relaxing their work practices in order to retain and encourage their female practitioners, acknowledging their value and thereby widening the options available for female lawyers in Asia.

Kamani Jinadasa is a qualified lawyer and manager of women’s empowerment at Sri Lankan design solution provider MAS Holdings Pvt Ltd. She can be contacted at kamanij@gmail.com