The Chief Justice of India has recently expressed concern about the low representation of women in High Court judgeships. This comment was made during an event commemorating the International Day of Women Judges, which falls on March 10th.
The International Day of Women Judges
Established by United Nations General Assembly Resolution 75/274 in 2021, the International Day of Women Judges recognizes the contributions and efforts of women judges across the globe. Sponsored by nations including India and initiated by Qatar, this day aims to inspire and empower young women and girls aspiring to become judges. It also advocates for gender equality in the judiciary, aligning with the United Nations’ Sustainable Development Goal (SDG) 5 – achieving gender equality and empowering all women and girls.
The Current Situation of Women in the Judiciary
Unfortunately, the current statistics reveal a stark gender disparity within the judiciary. In India’s High Courts, only 11.5% of judges are women. The situation is marginally better in the Supreme Court, where four out of 33 currently sitting judges are women. Similarly, of 1.7 million registered advocates in India, only 15% are women.
Causes for Low Representation of Women in the Judiciary
Several reasons contribute to this gender disparity. Deep-rooted societal patriarchy often results in hostile courtroom environments for women, who must deal with harassment, disrespect, and the suppression of their opinions. The opaque nature of the collegium system, especially in the higher judiciary, further reflects this bias. As a recent example, out of 192 candidates recommended by the Supreme Court Collegium for High Courts, only 37 (19%) were women, and even then, only 17 appointments were made.
Furthermore, while there is a policy for women’s reservation in lower judiciaries in some states, no such provision exists in the High Courts and Supreme Court. Age factors and familial responsibilities also pose significant barriers to women’s elevation from subordinate judicial services to higher courts. The lack of adequate judicial infrastructure for women, including cramped courtrooms, absence of restrooms, and childcare facilities, impedes their progress.
The Importance of Increased Women Representation
Boosting the number of women judges can motivate more women to seek justice and enforce their rights through courts. A diverse bench, composed of individuals with various lived experiences, brings alternative and inclusive perspectives to statutory interpretations. This diversity enriches and strengthens judicial reasoning, enabling it to respond to varied social contexts and experiences, and enhancing justice sector responses to the needs of women and marginalized groups.
Moving Towards Equal Representation
Addressing this issue requires institutional, social, and behavioral changes. It’s essential to correct patriarchal mindsets when recommending and approving nominees for high court judgeships, providing fair representation to worthy women lawyers and district judges. Only by empowering women can we ensure justice for them. Accordingly, those responsible for the appointment of judges to high courts and the Supreme Court must recognize the need for adequate female representation in the judiciary. To achieve this, the superior judiciary should consider introducing a horizontal reservation system for women, similar to that in the subordinate judiciary, without compromising on merit.
