Women in judiciary

Syllabus: General Studies Paper 2

Context:

Chief justice of India ruled the quite low representation women at all levels in legal field and promise to take up the demand for higher representation beyond 50% on the bench.

More on the news

• Women on an average constituted only around 30% of the judges in lower judiciary
• In high court’s the percentage of women judges is nearly 11.5%, while in the supreme court there are four sitting women judges out of 33 Indore office
• Out of 1.7 million registered advocates, only 15% of women.
• In 70 years of its existence the Supreme Court has seen only 8 women judges and no woman has been appointed chief justice so far
• The ratio of women to men judges is 81:1078 in the 25 High courts of the country

Barriers

Lack of judicial infrastructure

• The absence of restrooms, child care facilities and crowded as well as claimed small Court rooms are another barrier for women to enter the profession
• About 22% of courts do not have washroom facilities for women.

Bias

• The continued prevalence of certain attitudes about the role of women in society, is a persistent problem faced by women regardless of the type of employment
• The entire attitude and orientation towards women who work outside home must change, for example a women who join as magistrates are transferred every 3 years, thus reducing the staying power of women in any profession

Bias related to women 

• The woman face bias, from their colleagues as well as litigants. This bias affects not just women advocates but also those on the bench.
• This creates completely unwelcome atmosphere and sides court rules for women, it becomes duty for all lawyers and judges to ensure a friendly environment

Impact Of Inclusion Of Women 

• The inclusion of women as judges and advocates would substantially improve the justice delivery system, the women can bring a different perspective to the law which would enrich the legal field
• Achieving equality for women judges should be our goal not only because it is right for women but also because it is right for the achievement of a more just rule of law. Women judges help in strengthening the judiciary as well as help to game the trust of people
• The entry of women generous in two spaces from which they had been historically excluded would be seen as a positive step of judiciary being perceived as more transparent, inclusive and representative of the people whose lives they affect.
• Women judges by their mere  presence have the capability to enhance the legitimacy of courts sending a powerful signal that they are open and accessible to those who seek recourse to justice
• The women judges bring those lived experiences to their judicial actions that tends towards a more comprehensive and sympathetic perspective encompassing not only the legal basis but also awareness of consequences of the judicial action
• Having more diverse judiciary and shows diversity of perspectives and install the high degree of public confidence

• The former Supreme Court judge of the United States said that women belong in all places where decisions are being made, it shouldn’t be that women are the exception.

The Hindu link-

https://www.thehindu.com/news/national/cji-bats-for-more-women-judges/article37956578.ece

https://timesofindia.indiatimes.com/india/cji-ramana-rues-quite-low-representation-of-women-in-judiciary/articleshow/88284659.cms

Question- How can equivalent inclusion of women in judiciary be helpful for both judicial system and women empowerment?