Should Lawyers Be Cancelled for Their Clients? The Trans Rights Row | Cut to The Chase
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Should Lawyers Be Cancelled for Their Clients? The Trans Rights Row | Cut to The Chase
7 392 просмотра · 1 дн. назад
LawBeat
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7 392 просмотра · 1 дн. назад
One petition. Two controversies. Should lawyers face backlash for the clients they represent?
Women’s Declaration International India’s Supreme Court petition raises a contentious question: should legal recognition as a trans woman automatically extend eligibility for every protection, reservation and space specifically provided for women?
The petition brings questions about women’s sports, prisons, washrooms and reservations into focus. Critics argue that it undermines transgender rights and pits women against trans women. The petitioner maintains that recognising gender identity should not automatically determine eligibility for every sex-specific legal protection.
A second controversy concerns Shardul Amarchand Mangaldas & Co’s reported involvement in the petition. Can a firm publicly support LGBTQ+ inclusion while representing a client whose petition is criticised as trans-exclusionary? Is that hypocrisy—or a lawyer fulfilling a professional duty?
On Cut to the Chase, Sanya Talwar speaks with advocates Rahul Kamerkar and Jai Anant Dehadrai about the cab rank rule, personal conviction, professional ethics and selective outrage.
The conversation also examines why lawyers represent deeply unpopular clients, including Ajmal Kasab and the Nirbhaya convicts, and why representing a client does not necessarily mean endorsing their actions or views.
IN THIS EPISODE:
• Trans women’s access to women-specific protections and spaces
• The NALSA judgment, equality and gender identity
• The cab rank rule and its application in India
• Personal conscience versus professional duty
• Criticism, boycott calls and ideological pressure on lawyers
• Whether objections belong in court, public debate—or both
BOOK & LEGAL REFERENCES DISCUSSED:
• Letters to a Young Lawyer — Alan M. Dershowitz, cited by Jai Anant Dehadrai.
• National Legal Services Authority v. Union of India (2014), commonly known as NALSA.
• Gokul Prasad and Others v. Emperor (Allahabad High Court, 1929), referenced by Rahul Kamerkar in the discussion on refusing briefs.
• The 2006 UK disciplinary proceedings involving barrister Mark Mullins, discussed by Rahul Kamerkar.
• The Advocates Act, 1961, and the Bar Council of India Rules on professional conduct.
• The UK Bar’s professional rules and cab rank principle.
• Ram Jethmalani’s defence of taking controversial briefs, including references to the Jessica Lal murder case and the Sanjeev Nanda BMW case.
ABOUT CUT TO THE CHASE:
LawBeat’s Cut to the Chase gets straight to the legal questions behind the headlines. Hosted by Sanya Talwar, the series brings lawyers into focused conversations that unpack contentious cases, competing arguments and what they mean beyond the courtroom.
The petition is pending. Views expressed by the speakers are their own; arguments discussed are not findings of the Supreme Court.
#TransRights #CabRankRule #LGBTQRights
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