PYQ Relevance:

Q) Discuss the desirability of greater representation to women in the higher judiciary to ensure diversity, equity and inclusiveness. (UPSC CSE 2021)
Q) Critically examine the Supreme Court’s judgment on ‘The National Judicial Appointments Commission Act, 2014’ with reference to the appointment of judges of higher judiciary in India. (UPSC CSE 2017)

Mentor’s Comment:

“Diversity is essential for effective institutionalization, bringing positivity and change.”

Women’s meaningful representation in the judiciary is a crucial aspect of gender equality and justice. It is a precondition for bringing justice to those who need it the most.

Although several states have established quotas for women in the lower judiciary, providing 30% to 35% of seats for female candidates during recruitment in recent years, significant disparities persist, particularly in higher courts.

Today’s editorial explores the current state of women’s representation in the judiciary, the underlying reasons for their under-representation, and the importance of addressing these issues.

Let’s learn!

Why in the News?

Recent findings from a joint UN Women and UNDP study highlight the importance of women’s representation in the judiciary, particularly in Africa.

CJI Chandrachud has also emphasized the need for dignified working conditions for women in the judiciary, further underscoring the ongoing discussions around gender equality in legal systems globally.

Current State of Women in the Judiciary:

• Subordinate Courts: As of 2023, women constitute approximately 36.3% of judges in subordinate courts, up from 27.6% in 2018.
• High Courts: The representation of women judges in High Courts has increased slightly from 10% in 2018 to 13.4% in 2023, with only 11.5% of judges being female.
• Supreme Court: The Supreme Court remains the least representative, with only 9.4% (3 out of 32 judges) being women as of December 2023, a marginal increase from 4% in 2018.

Regional Disparities: The High Courts of Punjab & Haryana, Delhi, and Bombay have the highest number of women judges. Conversely, states like Orissa, Jharkhand, and Chhattisgarh have only one woman judge each, while Patna and several others have none.

What are the systemic barriers contributing to the low representation of women in the judiciary?

Deeply rooted Patriarchy: A prevailing patriarchal culture limits women’s roles and opportunities in the legal field, leading to discrimination that hinders their judicial careers.
- Societal expectations regarding domestic duties often lead women to prioritize family over career, causing them to decline promotions or judicial positions.
Hostile Work Environment: Women often face sexism and harassment, creating a challenging atmosphere that can result in high turnover rates and hinder career advancement.
Inadequate Infrastructure: The lack of essential facilities, such as childcare and appropriate office space, disproportionately impacts women, complicating their ability to balance work and family.
Opaque Appointment Processes: The collegium system for appointing judges lacks transparency and tends to favor male candidates, reducing opportunities for qualified women.
Low Representation in Litigation: The under-representation of women in litigation results in fewer female candidates for judicial roles, perpetuating the cycle of inequality.
- Women experience bias from colleagues and clients, which can undermine their credibility and limit their professional growth in the legal field.

How does the under-representation of women impact the judicial system and society?

1) Impact on the Judicial System

Justice Delivery: Fewer female judges can lead to biased rulings that overlook women’s unique experiences and needs.
Legitimacy: A diverse judiciary enhances public trust, signaling that the legal system is accessible and representative.
Diverse Perspectives: Women judges bring different viewpoints, enriching decision-making and improving legal outcomes.

2) Impact on Society

Gender Equality: Low representation reinforces societal gender inequalities and limits women’s leadership roles.
Role Models: Fewer women in judicial positions discourage young women from pursuing careers in law.
Social Justice: A lack of gender diversity may hinder effective responses to issues affecting women, undermining social justice efforts.

What measures can be implemented to promote greater inclusion of women in the judiciary?

Gender Quotas: Set minimum representation targets for women in judicial positions, especially in higher courts.
Transparent Appointment Processes: The judiciary needs to revise selection criteria and make the judicial appointments more clear and fair to include diverse candidates.
Supportive Programs and Policies: Create mentorship initiatives and support networks by linking aspiring female judges with experienced women in the field.
- Introduce Family-friendly and flexible working hours and childcare support to help women manage family responsibilities.
Gender Sensitivity Training: Implement training for Judges to address biases and foster an inclusive environment within the judiciary.
Advocacy and Political Will: Promote and encourage advocacy from civil society organizations to push for women’s representation in the judiciary.