Gender Gap in the Higher Judiciary

Syllabus: GS2/Social Issues; Issues Related To Women

Context

• Despite significant progress in women’s representation in various fields, the judiciary continues to lag behind, reflecting broader societal inequalities and systemic barriers.

Current State of Gender Representation

• As per “State of the Judiciary” report (2023), women account for only about 14% of judges in High Courts, and about 9.3% in the Supreme Court of India (only 4 out of 34 Supreme Court judges are women).
  • It is even more pronounced in certain states, where some High Courts have either no women judges or just one.
• It is uneven across High Courts, with States which include Bihar, Chhattisgarh, Jharkhand, Manipur, Meghalaya, Odisha, Tripura and Uttarakhand having either no women judges or just one woman judge.

Global Perspective & Trends on Women in Judiciary

• Overall Representation: On average, women make up just over 25% of the world’s judicial officers.
  • However, this figure varies widely by region and country. In some areas, women constitute less than 10% of the judiciary.
• Progress in OECD Countries: In many OECD countries, women make up more than 54% of professional judges.
  • It is partly due to the growing number of women entering the legal profession and judiciary over recent decades.
• The Global Gender Gap Report of World Economic Forum (WEF) highlighted the countries like the United States, the United Kingdom, and Canada have made progress in promoting female judges, but gaps persist, particularly at the highest levels.

Why Gender Diversity in the Judiciary Matters?

• Ensuring Diversity of Thought: Women judges bring diverse perspectives that enrich judicial decision-making.
• Promoting Gender-Sensitive Judgments: Cases related to sexual violence, workplace harassment, and family law benefit from having more women on the bench.
• Enhancing Public Trust in the Judiciary: Greater representation fosters confidence in the judicial system among female litigants.

Factors Contributing to the Gender Gap in Higher Judiciary

• Collegium System and Bias: The judicial appointment process in India follows a collegium system, which tends to favor candidates from specific social and professional circles, often male-dominated.
  • Women judges, despite having the required credentials, are overlooked due to implicit biases and lack of institutional support.
•  Systemic Inequality: While many women enter the legal profession, fewer advance to positions of authority due to workplace discrimination, lack of mentorship, and biases in career progression.
  • The challenges are compounded by societal expectations that place the burden of family responsibilities disproportionately on women.
• Lack of Structural Support: The absence of gender-friendly policies such as flexible work hours, and safety measures makes it difficult for women to sustain long legal careers.
• Limited Role Models and Representation: With fewer women in higher judicial positions, younger female lawyers lack role models, making it difficult for them to envision and pursue a path toward elevation to High Courts and the Supreme Court.

Recommendations for Bridging the Gender Gap

• Judicial Appointment Reforms: The collegium system should adopt gender-sensitive policies to ensure that women judges receive fair consideration for appointments.
  • High Courts should actively recommend more women candidates for elevation to the Supreme Court.
• Mentorship and Leadership Development: Female legal professionals should be provided with mentorship programs to help them navigate judicial careers.
  • Senior judges should take the lead in advocating for institutional gender parity.
• Workplace Policy Changes: Family-friendly workplace policies, such as flexible working hours and better maternity leave provisions, should be introduced.
  • Gender-sensitization training should be conducted for judicial officers.
• Encouraging Women in Litigation: More women need to be encouraged to take up litigation, which is a primary pathway to judicial elevation.
  • The government can introduce incentives and fellowships for female advocates pursuing higher judicial positions.
• Role of the Supreme Court and High Courts: The Chief Justice of India (CJI) and High Court Chief Justices must take proactive measures to ensure gender inclusivity.
  • The judiciary should set diversity benchmarks and track progress.

Conclusion

• The gender gap in the higher judiciary is a reflection of broader societal inequalities that require concerted efforts to address. 
• By prioritizing transparency, mentorship, and policy reforms, India can work towards a judiciary that is not only more representative but also more just. 
• Bridging this gap is essential for upholding the principles of equality and fairness enshrined in the Constitution.

Source: TH