LEGAL LUMINARIES

Aishwarya Bhati, Versatile Advocate General of India, Master from Advocacy to Flying

Ms Aishwarya Bhati, who was twice elected as Honorary Secretary in the Bar Association in the Supreme Court, was a gold medalist during LLB, Not only this, She was selected for the Indo- Canada Youth exchange program and represented India.

Introduction

Ms Aishwarya Bhati has been a trailblazer litigator. She is the youngest woman advocate to be designated as a Senior Advocate by the Supreme Court of India. She also has the distinction of being one of the youngest Additional Solicitor General of India and being only the 4th woman to occupy this coveted position. Ms Aishwarya Bhati has also passionately fought for women’s rights, children’s rights, rights of persons with disabilities and has also been a crusader advocate for anti-tobacco litigation. She has led from the front, the rights of the women officers of Indian Air Force, Indian Army and Indian Navy for act par consideration for permanent commission and command positions. She has been instrumental in the industry on issues of larger pictorial warning, plain packaging and stronger tobacco regulation.

Background and Family

Coming from a defence background, Aishwarya is the youngest of 3 siblings and is flying high in legal corridoors. Her father, Mr K.S. Bhati Retired Group Captain of the Air Force is also an Advocate, Aishwarya considers her elder brother and Rajasthan High Court judge Dr Pushpendra Singh as her mentor. Her husband Mr Jaideep Singh is also an advocate, while her father-in-law Mr Sawai Singh was a Brigadier.

Earlier Schooling & Formative Years

Ms Aishwarya Bhati has completed her schooling at K.V, Air Force School, Jodhpur in the year 1992. She pursued BSc. From KN College, JNV University, Jodhpur [1992-1995] and completed her graduation in law from law faculty, JNV University Jodhpur [1995-1998] and later did her masters in [1998-2000]

Represented the country at the International Level

Ms Aishwarya Bhati, who was twice elected as Honorary Secretary in the Bar Association in the Supreme Court, was a gold medalist during LLB, Not only this, She was selected for the Indo- Canada Youth exchange program and represented India.

She is also a shooter along with a Solo Glider Pilot declared as the best student advocate of the country in 1998 in the All India Moot Court Competition organized by the campus law centre, university of Delhi.

Professional Standing

Advocate Aishwarya Bhati has total professional standing of 22 years at the Bar, She was appointed as Additional Solicitor General of India by Supreme Court on 30th June 2021 and was earlier designated as a Senior Advocate by the Supreme Court of India in March 2019. She was an advocate on record on the Supreme Court of India for 13 years prior to designation as a Senior Advocate. She was former Additional Advocate General for the state of Uttar Pradesh in Supreme Court from 2017-2020. She was Counsel for the High Court of Delhi in the Supreme Court. She had been a panel Lawyer of the Supreme Court Legal Services Committee (SCLSC), Supreme Court Middle Income Group Legal Aid Society (MIG) and Amicus Curiae. She was Advocate General for the State of Uttar Pradesh.

Landmark Cases

In a probono case, Advocate Aishwarya Bhati has represented over 350 serving officers of the Army in a case where these officers were asking for protection in areas where AFSPA [Armed Forces (Special Powers) Act] is in force in Jammu and Kashmir. The Army officers had moved the Supreme Court saying they were being persecuted while performing their duty and demanded protection and immunity from persecution. Speaking on the case, Senior Advocate Aishwarya Bhati said her association with Air Force compelled her to take the case.

The senior advocate Aishwarya Bhati, in the Supreme Court said,” The kind of roadblocks and arguments we are seeing in India on grounds of gender issues”, “men can’t take directions from women have been seen and dismissed in the rest of the world in the 1980s and 1990s. This is a battle for parity and against a patriarchal mindset” was said by Advocate Aishwarya Bhati for the 45 female army officers who won a favourable verdict in the apex court.

Ms Aishwarya Bhati lobbied in the Supreme Court in several major cases of the country. She has conducted cases regularly before National Green Tribunal, Delhi High Court, Central Administrative Tribunal, armed forces tribunal, consumer courts etc.

The constitutional validity of the UID (Aadhaar) program has been challenged and a number of important interim orders passed by the court.

Constitutionality of the three religious practices:- Triple Talaaq, Nikah Halala and Polygamy under Muslim Personal Law has been challenged before the Supreme Court in the case of gender justice, gender equality and gender freedom.

She had appeared for PIL, very important litigation against the tobacco industry, for large picture warnings and plain packaging on all tobacco products. There she told the bench that non-implementation of the plain packaging rules for a cigarette and other tobacco products was detrimental to the country’s fight against the increasing use of tobacco, and violated the constitution’s Articles 14 and 21.

She persuaded the Supreme Court to restore the only gallantry award-winning female army officer adorned for her exemplary courage in Kabul.

Later she also defended the decision of the Rajasthan High Court, to ban all mining activities within 10 kilometres of the Chittorgarh Fort.

Miscellaneous Activities

She was elected twice as Secretary of the prestigious Supreme Court Bar Association in December 2013 and again in December 2014 with a record margin. She regularly participates in Television debates and deliberations and National Conferences on myriad legal issues of national importance relating to the Administration of Justice and Women’s Rights.

In 1998, Ms Aishwarya Bhati was adjudged as the Best Student Advocate of the Country in the All India Moot Court Competition organized by the Campus Law Center, Delhi University. As the Best NCC Cadet from Rajasthan, commanded the Rajasthan NCC Contingent in the Republic Day Camp-1994 was Right Marker of the Marching Contingent on Rajpath and was also awarded the Cherry Blossom Trophy for the Best turned-out Cadet. She was selected for the coveted Indo-Canada Youth Exchange Programme 1995 and represented India for the same in Canada.

A Solo Glider Pilot, exemplary shooter and horse rider, have participated in many adventure activities with NCC. She was adjudged as the Best Student Parliamentarian of the National Youth Parliament in 1990-1991. She had the privilege of being chosen as the Head Girl and Best Student of the School in 1992. She has always participated in a variety of extracurricular activities, including academic, sports and cultural and represented School and College at State, Regional and National levels.

Image Curtsey: Deccan Chronicle

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About the author

Muskan Garg (Intern, Indian Law Watch June 2021 Batch)

Muskan is a B A LL.B Student, 3rd Year Student from IDEAL Institute of Management, Karkardooma, Delhi.