The Supreme Court of India has recently made news by appointing an all-woman bench for the third time in its 70-year history, having previously established such a bench in 2013 and 2018. Despite these strides towards gender parity within the judiciary, it is clear that women are far from adequately represented within this system.
The State of Women in Judiciary
Over the last seven decades, little has been done to increase the representation of women in the High Courts or Supreme Court. To date, there have only been 11 female judges on the Supreme Court, with no woman ever holding the position of Chief Justice. As it stands, a mere 83 of the 680 judges serving in the high courts are women. In the lower judiciary, only 30% of subordinate judges are female.
Factors Responsible for Low Female Representation
Numerous factors contribute to the low number of women in the judiciary. Predominantly, deeply rooted patriarchal norms contribute significantly, often leading to hostile environments in courtrooms. Furthermore, the opaque functioning of the collegium system tends to reflect bias against women. The absence of reservation policies in the High Courts and Supreme Court, unlike in many states’ lower judiciary, is another obstacle limiting female representation. Familial responsibilities, fewer women practicing litigation, and lack of supportive infrastructure also impede women’s access to higher judicial roles.
Why Higher Female Representation is Vital
Increased representation of women in the judiciary could immensely improve the justice delivery system. Women bring unique perspectives to law, based on their personal experiences and nuanced understanding of gender-specific impacts of laws. Their presence enhances the legitimacy of courts, signaling their openness and accessibility. A more gender-balanced judiciary would facilitate a compassionate approach to cases involving sexual violence.
Steps Towards Gender Diversity in Judiciary
To create a gender-neutral judicial system in India, it is essential to both maintain and promote gender diversity in the higher judiciary. Setting a fixed percentage for women judges can be an effective measure towards this goal. Social, behavioral, and institutional changes among India’s populace, emphasizing inclusivity and sensitizing people to gender equality, are also necessary. As an institution committed to preserving rights and upholding equality, the legal profession should exemplify gender parity. Changing long-standing demographics of the court could lead to its modernization and reform.
In Conclusion
As part of the ongoing conversation about women’s representation in the judiciary, a previous UPSC Civil Services Examination question asked candidates to discuss the desirability of greater female representation in the higher judiciary to ensure diversity, equity, and inclusiveness. This highlights the importance of this issue not only to stakeholders within the legal profession but also to the larger discourse on gender equality in India. Despite the challenges women face in this field, their increased inclusion in the judiciary is vital for a balanced and empathetic justice delivery system.