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“Make sure you are the best representation of what you want people to see. Anything less than that is unacceptable.” – June Archer
In the tapestry of legal history, the contributions of South Asian lawyers have been both pivotal and profound. Over the past century, South Asian lawyers have navigated a landscape often marred by racial discrimination, systemic barriers, cultural challenges, and sometimes personal restrictions to carve a niche global legal arena. Their journey from the colonial era to the present day reflects resilience, excellence, and commitment to justice, equality, and the rule of law. The influence of South Asian lawyers extends far beyond their achievements. Their contributions have helped to shape the legal systems of multiple nations fostering a more inclusive and equitable global legal landscape. In countries like the UK, United States, and Canada, the South Asian diaspora has brought a wealth of talent and a unique perspective to the legal profession, enriching it with their diverse backgrounds and experiences. Meanwhile, in South Asia, lawyers have played crucial roles in nation-building, advocating for human rights, and driving legal reforms.
Read this article on the importance of celebrating the vibrant cultures, traditions, and contributions of South Asian communities: https://thestudentlawyer.com/2024/07/01/celebrating-south-asian-heritage-month-2024/
The Colonial Legacy and Post-Independence Era
The journey of South Asian lawyers can be traced back to the colonial period when British legal systems were imposed across the Indian subcontinent. From this environment, notable people like Mohandas Karamchand Gandhi and Dr. B.R. Ambedkar arose, using their legal knowledge to oppose colonial control and promote social justice. Gandhi, who obtained his legal training at the Inner Temple in London led the Indian independence struggle by putting a strong emphasis on peaceful resistance and civil disobedience. Ambedkar, educated at Columbia University and the London School of Economics, played a crucial role in the drafting of the Indian Constitution and championing the rights of marginalised communities, particularly the Dalits.
Post-independence, South Asian countries focused on establishing robust legal frameworks and institutions. In India, the judiciary became a cornerstone of democracy, with lawyers playing key roles in its jurisprudence. Figures like Nani Palkhivala, known for his constitutional law expertise, and Fali Sam Nariman a distinguished jurist contributed significantly to the evolution of Indian law. In Pakistan, figures like Aitzaz Ahsan have been at the forefront of advocating for democracy and human rights. The Lawyers’ Movement of 2007-2009, which led to the reinstatement of Chief Justice Iftikhar Muhammad Chaudhry, highlighted the power of the legal community in effecting political changes and ensuring judicial independence. Dr. Kamal Hossain, a principal architect has been a towering figure in Bangladesh; his contributions to human rights, international law, and constitutional law developments are widely recognised. Beyond these countries, the rest of South Asia also witnessed the emergence of prominent lawyers who significantly influenced their respective legal landscapes.
The Diaspora and Global Influence
The South Asian diaspora has significantly impacted the legal systems of their adopted countries, notably in the United Kingdom, the United States, and Canada. In the UK, the contributions of South Asian lawyers can be traced back to the early 20th century, with pioneers like Shapurji Saklatvala, a barrister who became the first British Indian Member of the Parliament. More recently, British-Asian lawyers such as ShamiChakrabarti, a former Director of Liberty and member of the House of Lords, and Karan Bilimoria, a successful entrepreneur and legislator, have continued to make substantial changes to both public and legal life.
Besides this, even in the US, South Asian lawyers have achieved prominence across various legal domains. Neal Katyal, a former Principal Deputy Solicitor General, has presented numerous cases before the Supreme Court while Preet Bharara, a former U.S. Attorney for the Southern District of New York, is well known for his work on financial and public corruption cases. These individuals exemplify the pinnacle of legal success and serve as inspirational figures for aspiring South Asian lawyers.
Challenges and Overcoming Barriers
Despite these successes, South Asian lawyers have encountered significant challenges especially underrepresentation in senior legal roles. Now, things are changing with generations vocalising such differences. However, the legal profession, historically dominated by the white male community has often been resistant to diversity. Nonetheless, the persistence and excellence of South Asian lawyers have progressively eroded these barriers.
Read this article of Trisha Vadher’s account on what this South Asian Heritage Month means to her: https://thestudentlawyer.com/2024/07/01/south-asian-heritage-month-my-big-fat-identity-crisis-2/
In the UK, organisations like the Society of Asian Lawyers (SAL) have been pivotal in supporting South Asian legal professionals. They offer mentorship, and networking opportunities, and advocate for increased diversity within the profession. Similarly, in the US, the South Asian Bar Association (SABA) plays a vital role in combating bias and promoting the interest of South Asian lawyers. These organisations emphasise the fact that diversity and inclusion are not merely moral obligations but essential components of a dynamic and effective legal system.
A Shiny Future
The progress of South Asian lawyers highlights the transformative power of a diverse legal community, enriching the profession with varied perspectives and fostering more innovative and equitable outcomes. The increasing presence of South Asian lawyers in senior roles and their active participation in legal education and teachings signal a promising future where diversity and inclusion become a reality. For instance, Kamala Harris, of Indian and Jamaican descent, serves as the Vice President of the United States, bringing her legal background to the highest levels of the government. This is an encouragement for law students and law schools across South Asia as they are witnessing a surge in enrolment of students eager to follow in the footsteps of their illustrious predecessors.