GS Paper 2
Syllabus: Indian Judiciary
Source: The Hindu
Direction: This is an editorial article. Just go through it once.
Context: Issue of prevailing patriarchy in Judiciary
Case:
In a recent incident, where sessions court in Kerala, granted anticipatory bail to an author and social activist in the State in a case of alleged sexual harassment, observed that the offence under Section 354A of the Indian Penal Code (‘Assault or criminal force to woman with intent to outrage her modesty’) is not prima facie attracted when the de facto complainant was dressed in ‘sexually provocative dresses’.
This had raised the issue of prevailing patriarchy and the struggle women have to face in our system.
Issues faced by women in Judiciary:
- Lack of support: Women employees in the criminal justice system whether it be police/court or Prison often face discrimination, lack of gendered workspace and derogatory comments.
- Low representation in judiciary: Justice Indira Banerjee, the senior-most woman judge in the Supreme Court, highlighted that the top court (since its inception in 1950) has seen only 11 women judges.
- Prevalence of anarchic laws and customs: In Bradwell vs The State [of Illinois] (1872), the Supreme Court of the United States held that ‘god designed the sexes to occupy different spheres of action and that it belonged to men to make, apply, and execute laws — and regarded it as an axiomatic truth.
Need for sensitization
- Raising awareness: Inclusion of feminist jurisprudence in the curriculum for law students and sensitization of legal practitioners and judicial officers about feminist jurisprudence.
- Respecting individual choice: In a liberal democratic state, choice of dress is a ‘self-regarding act’ over which the individual is sovereign as J.S. Mill pointed out.
Insta Links:
Prelims Links:
Link it with the process of appointment of judges. IPC Vs CrPC.
Mains Links:
Link it with the issue of lower representation in the judiciary. This question was directly asked in 2021 Mains.
Q. Discuss the desirability of greater representation to women in the higher judiciary to ensure diversity, equity and inclusiveness. (250 Words)
