In a noteworthy call for change within the legal profession, Dr. Arun Midha suggests a proactive approach to combat discrimination among barristers.
Dr. Midha, with an extensive background in regulation and standards, emphasised the need for barristers to actively promote anti-discriminatory attitudes, rather than simply avoiding being ‘woke’. His comments, published in the Bar Council’s Counsel magazine, highlight the influential role barristers play in society and their responsibility to set an example by fostering diversity, equality, and inclusion.
The discussion arises in the context of the Bar Council’s independent review on bullying and harassment, spearheaded by Harriet Harman KC, and an upcoming review by the Bar Standards Board (BSB) on equality rules. Dr. Midha proposed a shift from core duty 8, which currently states ‘You must not discriminate unlawfully against any person’, to a more affirmative obligation advocating equality, diversity, and inclusion.
He urged the Bar Council and BSB to embed tolerance and inclusivity as foundational principles within the code of conduct, explicitly stating that bullying, harassment, and associated discriminatory behaviours are unacceptable. Such a re-evaluation of codes could specify the imperative to actively promote anti-racist and anti-sexist values.
Citing the volume of cases accusing barristers of bullying, racism, and misogyny, Dr. Midha contends that a general opposition within the code is insufficient. He argues for amendments that would require barristers to champion anti-discrimination proactively, thereby inspiring trust and setting a commendable example.
This proposal does not seek to impose political correctness, but rather to instil basic mutual respect among professionals, reinforcing the Bar’s commitment to fairness and justice.
However, when the Bar Council proposed to lead the initiative on equality, the BSB rejected the suggestion, indicating possible tensions or differences in approach between these bodies.
As the legal profession confronts issues of bullying and discrimination, Dr. Midha’s call for barristers to actively promote anti-discriminatory practices signals a critical step towards fostering a more inclusive and respectful professional environment.
