Women in the Indian judiciary

GS Paper 2

Syllabus: Indian Polity

Source: IE

Context: The representation of women in the Indian judiciary, particularly in higher positions, remains limited, raising questions about gender equality in the legal system.

Status of women in the Judiciary:

Representation in the Supreme Court: Only 10 women have been appointed to the Supreme Court since 1989. Currently, out of 33 Supreme Court judges, only three are women.
Representation in High Courts: Among the total 25 High Courts in India, none currently has a female Chief Justice, except for Gujarat High Court. The Department of Justice reports that out of 782 working high court judges, only 107, or 13%, are women.
Representation in Lower Judiciary: A 2018 study revealed that while women’s representation is relatively higher at 27% in the lower judiciary, it decreases significantly in higher appointments.
The India Justice Report 2022 found that only 13% of High Court judges and 35% of Subordinate Court judges are women.

Reasons for Low Representation of Women in the Judiciary:

Reasons	Explanation
Judicial Rules	Article 233 mandates 7 years of continuous practice for District Judge eligibility. Minimum age and maximum age criteria limit women’s opportunities. Marriage and family responsibilities pose challenges for women in this age group.
‘Leaking Pipe’ Syndrome	Women face obstacles transitioning from lower to higher judiciary levels. Family responsibilities, personal choices, work-life conflict, and inadequate support contribute to mid-career dropouts.
Opaque Recruitment Process (Collegium System)	The Collegium System lacks transparency, making eligibility and selection criteria unclear. Critics argue appointments depend on favourable evaluations and personal networks.
Lack of Supportive Infrastructure	Insufficient facilities, from toilets to maternity leave, contribute to high attrition rates among women lawyers. – Many courts lack separate toilets for women.
Patriarchy in Society	Deep-seated patriarchy in society contributes to the underrepresentation of women in the judiciary. Hostile atmospheres within courtrooms affect women’s experiences.
No Women Reservation	The absence of reservation policies for women in the High Courts and Supreme Court limits opportunities for women judges. Only some states have implemented reservations.

CJI SA Bobde’s Perspective:

Former Chief Justice of India SA Bobde highlighted that the issue is not institutional but about finding the right woman for judicial appointments. He mentioned that some women advocates declined judge offers citing domestic responsibilities, indicating the need for a shift in perceptions and support structures.

Benefits of Increased Women Participation

Increased inclusiveness and better representation of a significant yet vulnerable section of society.
The gender diversity bench reflects a bias-free judiciary.
The presence of women judges sends a message of openness and accessibility to courts.
It makes courts more approachable for women.
An empathetic approach especially towards dealing with crimes against women.
A diverse bench brings diverse experiences and
The presence of women judges will encourage younger women to pursue a career in legal and judicial systems.

Impacts of Low Representation of Women in the Judiciary:

Prejudice in Judgments: Lack of gender perspective leads to prejudiced judgments.
- In August 2020, the High Court of Madhya Pradesh granted bail to a molester on the condition that he will get a rakhi tied by the victim
Deficiencies in Legal Reasoning: Insufficient representation hampers the legal system’s understanding of diverse social circumstances.
- In June 2020, while granting bail to a rape accused, the Karnataka High Court observed that the “after-rape behaviour of the victim is not how a rape victim ‘ideally behaves’“
Trust Deficit: Low representation raises questions about the legitimacy of courts as representatives of society.

Way forward:

Suggestions	Description
1. Gender Sensitization:	Include gender sensitization in legal education, such as the All India Bar Examination.
1. Gender Sensitization:	The correct patriarchal mindset in recommending and approving names for elevation
2. Reservation	Consider horizontal reservation for women in the superior judiciary without compromising merit
2. Reservation	Former Chief Justice of India N.V. Ramana backed 50% representation for women in the judiciary
3. Gender Bias Task Forces	Establish a committee to make the judiciary more open and address gender dynamics.
4. Mentorship System	Implement a mentorship system for senior women judges and lawyers to guide younger peers. Conduct regular, informal meetings for discussions on challenges faced by women in the judiciary.
5. Moulding the Rule	Recognize societal and familial pressures on women and adapt rules accordingly. Consider lowering the minimum age requirements for district judge appointments.

Conclusion

Women have been facing systematic prejudices in Indian society and a major reason for this is the lack of representation of women. An enabling environment must be created by the government and the judiciary to encourage women’s participation in the judiciary.

Former Chief Justice of India N.V. Ramana: “It is your right. It is not a matter of charity…Enough of this thousands of years of suppression”. The CJI paraphrased Karl Marx to say, “Women of the world, unite! You have nothing to lose but your chains.”

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