Representation of Women in Indian Judiciary

General Studies Paper -2

Context: Supreme Court judge Justice B.V. Nagarathna said that more women judges are needed in the judiciary.

Representation of Women in Judiciary

• Justice Beevibecame the first Muslim woman judge of the Supreme Court, as well as the first woman Supreme Court Justice in Asia in 1989.
• Since 1989, only10 women have made it to the Supreme Court. Currently, there are only three female judges of the 33 Supreme Court judges.
• Only 4.1%of all Supreme Court judges have been women, while the remaining 96% are men.
• There are more women judges at the district court level than at the High Court level.
• Justice Nagarathna is in line to become the first-ever female Chief Justice of India in 2027.
• The appointment of Justices Kohli, Nagarathna, and Trivedi to the top court in 2021 created history, as this marked the first time that so many females were appointed to the SCin one go.
  • Additionally, this was significant as for the first time India had four female judges in the SC at once, the highest number so far.

Reasons for the Lack of Representation of Women

• Historical Reasons:Historically, legal and judicial systems worldwide have been male-dominated, and India is no exception. The legal profession has traditionally been perceived as a male domain, and this mindset has persisted over the years.
• Societal Expectations and Stereotypes:Societal expectations often dictate traditional gender roles, and there may be stereotypes that cast women in roles that are seen as less compatible with the demands of a judicial career.
• Educational Barriers:Limited educational opportunities for women can result in fewer female candidates entering law schools and subsequently pursuing a career in the judiciary.
• Family and Cultural Expectations:Cultural norms and expectations regarding women’s responsibilities within the family may dissuade them from pursuing demanding and time-consuming careers, such as a judicial career.
• Gender Bias and Discrimination:Stereotypes about women’s capabilities may lead to their exclusion from consideration for higher judicial positions.
• Networking and Mentorship Opportunities: Male-dominated networks and mentorship structures within the legal profession may make it challenging for women to access the same opportunities for career advancement.
• Appointment Procedure: The lower judiciary has a better representation of women than the High Court and Supreme Court.
  • That’s perhaps because entry to the lower judiciary is through an examination, while the High Court and Supreme Court are decided by the collegium.

Importance of Representation of Women in Judiciary

• Gender Equality:A diverse judiciary ensures a more inclusive and representative legal system.
• Fairness and Impartiality:Having a judiciary that reflects the diversity of the population helps in dispelling biases and promoting impartial decision-making.
• Inspiration and Role Modeling:Women judges can act as role models, encouraging more women to pursue careers in law.
• Access to Justice for Women:Women may feel more comfortable and understood when their cases are heard by judges who share similar life experiences and perspectives.
• Legal Interpretation and Legislation:Women judges can provide unique insights into legal interpretation and the development of legislation, particularly in areas related to gender-based issues, family law, and women’s rights.
  • Their presence can influence legal discourse and contribute to the evolution of more gender-sensitive laws.
• Global Norms and Commitments: Internationally, there is a growing recognition of the importance of gender diversity in all sectors, including the judiciary.

Conclusion

• The lack of representation of women in the judiciary, combined with the traditional exclusionary attitude towards women, has led to a lack of diversity within the judicial system.
• Therefore, it is essential that efforts to increase diversity in the judiciary are made to ensure a more equitable court system.
• There is a requirement to enhance transparency in the judicial system. This will create more opportunities for women to prove their mettle and create a level playing field.