In a recent submission to the Supreme Court, India’s Attorney General, K K Venugopal, underscored the pressing need for heightened gender awareness within the judicial system. He highlighted the persistently low representation of women in higher judiciary roles as a key concern.
Initiation of the Discussion
The Supreme Court had asked the Attorney General and others to suggest ways of enhancing gender sensitivity while imposing bail conditions for offenders of sexual crimes. The court was concerned about additional distress caused to victims by the bail conditions placed on sex crime offenders. This discussion was sparked following a case where the Madhya Pradesh High Court instructed a man accused of outraging a woman’s modesty, to request her to tie him a rakhi.
Gender Disparity in the Judiciary
India’s legal system is heavily underrepresented by women. The Supreme Court, for instance, only has two female judges out of 34 reserved seats. There has never been a female Chief Justice in India’s history. Out of the total sanctioned strength of 1,113 judges across the Supreme Court and High Courts, merely 80 are women. Further, there is no centrally maintained data regarding female presence in lower courts or tribunals.
Women Representation in Senior Lawyer Designation
The lack of gender balance extends beyond the bench to the bar. In the Supreme Court, only 17 out of 420 senior counsel designates are women. The Delhi High Court has eight female senior counsel designates as against 229 male designates, and in the Bombay High Court, the numbers stand at six women and 157 men.
The Importance of Women in the Judiciary
Under the 2030 Agenda for Sustainable Development, gender equality and women’s representation in public institutions, including the judiciary, is acknowledged as a global responsibility. Gender balance in the judiciary improves transparency, inclusivity, and perspective, thereby enhancing the rule of law. Women’s lived experiences contribute to adjudication by bringing unique considerations to the table, leading to more comprehensive and empathetic rulings.
Urgent Need for Remedial Action
The Attorney General suggested several remedial actions to improve gender sensitivity within the judiciary. These include establishing that biased remarks are unacceptable and ensuring that judicial orders adhere to accepted standards. He recommended collecting data on the number of women judges in lower courts and among senior designates, and implementing mandatory gender sensitization training for all lawyers.
Promoting Greater Representation of Women
Greater representation of women at all levels of the judiciary was highlighted as a key area for improvement. Since the power of appointment rests mainly with the Supreme Court Collegium, the initiative must originate from there. The goal should be to achieve 50% representation of women in all leadership roles.
Enhancing Sensitivity in Cases Involving Sexual Violence
Judges with traditional outlooks and those who may subscribe to patriarchal views must be sensitized to handle cases of sexual violence without objectifying women. Such an intervention is urgently needed to ensure a balanced and empathetic approach in dealing with such sensitive cases.
Progressing Towards Modernization and Reform
Diversifying the demographic makeup of the court can lead to modernization and reform. As the composition of the court becomes more diverse, old practices based on unstated behavior codes or inertia become inadequate, paving the way for new norms, updated attitudes, and a more contemporary judicial system.
