Women’s Share in Indian Judiciary

In Context 

• Recently, Chief Justice of India (CJI) NV Ramana said that the Gender gap in judiciary hinders women from reporting crimes.

More in News 

• He inaugurated the first ever International Day of Women Judges, almost a year after the United Nations decided to dedicate March 10 to women judges across the world.
  • India was among the nations that sponsored the resolution, which was moved by Qatar.

Present status of Women’s share in Indian judiciary

• In high courts, the percentage of women judges is a mere 11.5%, while in the Supreme Court there are four sitting women judges out of 33 in office.
• Out of a total of 37 women candidates recommended by the Supreme Court Collegium for appointment as high court judges, only 17 have been appointed so far, while the rest of the names are pending with the central government.
• For the high courts, Collegium  has recommended 192 candidates so far.
  •  Out of these, 37, that is 19 per cent, were women. 

• There is an abysmally low number of 83 women judges out of 680 judges in the high courts and about 30 per cent women judicial officers in the subordinate courts.

• Nearly 17 lakh lawyers practise in the country, only 15% are women.

Significance of women  representation in Judiciary

• Female judicial representation can change gender stereotypes. High numbers and greater visibility of women judges can increase confidence of women victims to seek judicial redress.
• Broader Perspective: Gender sensitization will provide a diverse perspective to judgments.
  • Women bring to the law a different perspective, one that is built upon their experience. They also have a more nuanced understanding of the differing impacts that certain laws may have on men and women
• The presence of women as judges and lawyers will substantially improve the justice delivery system. 
  • The presence of women on the Bench and in the Bar has more than a symbolic importance.
• Implementation of Stringent Laws: Laws for heinous crimes are not yet effective, specially for Acid attack and rape. More inclusion of Women in judiciary will impact in proper implementation of such laws.
• More Empathy: Lack of empathy reflected in some of the judgements could significantly reduce.
• It will benefit LGBTQ community as well, as women in general are more accepting towards different orientations of people. 
  • Gender of a judge does not matter when a citizen goes to court, but with a female judge hearing the person’s comments always makes the citizen (if female) less uncomfortable.

Possible causes for inadequate female representation

• Familial Issues:
  • Women face many societal and familial pressures because of the intervening social responsibilities of marriage and motherhood which doesn’t allow them to have 7 years of continuous practice.
• Patriarchal Mindset:
  • The primary reason for underrepresentation of women in judiciary is deeply ingrained patriarchy in society.
  • Women often have to face hostile atmospheres within courtrooms. Harassment, lack of respect from members of the bar and bench, the silencing of their opinions, are some of the other traumatic experiences often recounted by many women lawyers.
• Hostile Atmosphere in Courtroom:
  • The hostile and sexist environment at the apex courts makes it extremely difficult for female litigators to grow as professionals. 
• Lack of Judicial Infrastructure:
  • The lack of Judicial Infrastructure is another barrier to women in the profession.
  • Small courtrooms which are crowded and cramped, absence of restrooms, and childcare facilities are all barriers.

Conclusion and Way Forward 

• There should be a fixed number of seats, reserved for women candidates, in all colleges and universities providing law courses.
  • Increase the number of seats in the judiciary so that participation rate and presence both can increase.
• Atmosphere: Making  work environment safer and proper implementation of Vishakha Guidelines even at lower levels (small firms).
• Underlining the need for more women representation in the profession, the CJI called for reservation of girls in legal education. 
  • The data proves such a provision has yielded encouraging results in appointing women judicial officers at the district level.”
  • states such as Assam, Andhra Pradesh, Telangana, Odisha and Rajasthan have benefited from such reservation as they now have 40-50% women judicial officers

• There is a requirement to enhance transparency in the judicial system. This will create more opportunities for women to prove their mettle and create a level playing field.
• Also, there is a need to impart objectivity and decrease the amount of discretion in the judicial processes including the bail-granting process, to safeguard the reputation of the judiciary in the country.
• The atrocities faced by rural women or women from marginalised communities are often underreported and go unnoticed by many. 
  • The district judiciary being the first point of contact needs to be sensitive to the needs of women and children.
  • women from all classes and sections will find a place within the judicial system to achieve the dream of a fair and equitable society.
  • The need of the hour is sensitisation and emphasis on inclusivity.”

Source:IE