Women representation in Indian judiciary

AUTHOR: SHREYA SAHU, LLOYD LAW COLLEGE

This article analyses the Status of women In Indian Judiciary. To gaze at the situation, I looked at the current status of women in judiciary through various statistics of Supreme Court, High Court and District Courts. I also looked at the various reasons for the lower representation of women in the judiciary. This article also throws light on the significance of women in judiciary and how it will promote inclusive development and gender empowerment.

Women Representation, Equality, Inclusive Development, Gender Empowerment.  

Recently the news came in the media that BV NAGARATHANA will become the first woman chief justice of India unless the duration of her serving is only 36 days from 24th Sept. 2027 to 29th Oct. Participation in higher judiciary is very minimal.

According to data from an organisation called the National Judicial Data Grid shows that women constitute approximately 11% of the total no. of judges at the district court level and around 8% at the HC level, while only 6% in the higher judiciary or supreme court. all over India 1.7 billion advocates are registered but only 15% are women.

• Women's representation in SC

  we can see there is negligible representation of women in the Supreme Court, out of 268 only 11 have been women judges. At present only three sitting women judges out of 34 in SC.

• Women's representation in the high court

Out of 650 judges in the high court only 76 judges are women—this is 11.7% of the total representation of women in the high court. There are a total of 25 high courts in India. total no. of judges in this 25 high court is 1114 judges and 107 judges are female which makes up 13.1%.

• Representation of women in the lower judiciary.

We can see there is a better representation of women in the lower judiciary than the higher judiciary percentage. The reason behind this may be reservations have been provided in states. One more important reason behind this may be the judicial examination conducted for filling the vacancy of lower courts like district courts.

• Collegium system

The primary reason behind lower representation in higher judiciary is the opaque functioning of the collegium system. The appointments of judges in SC are by the way of the collegium system not by the way of any examination or entrance exam. appointments by the way of the collegium system sometimes prove to be biased or reflect bias. [If a collegium member has any personal issues with any candidate, that will result in non-recommendation of his/her name to the president].

In recent collegium of SC has recommended only 37 women candidates out of 197 candidates for the high court, which constitutes only 19% representation.

• Reservation

There is no policy regarding the reservation of seats for women candidates in higher judiciary [supreme court and high court], while we can see this reservation for women in lower judiciary.

Several states like Assam, Andhra Pradesh, Bihar, Chhattisgarh, Jharkhand, Telangana, Odisha, Rajasthan, Tamil Nadu, and Uttarakhand have provided reservations for women in the lower judiciary.

• No valiant effort

We can see it’s been 70 to 80 years and there have been no serious attempts made during these years. It is important to make an effort regarding the increment in participation of women as they constitute over 50% of the total population in India which is very large, almost half of the total percentage despite only having very low participation in lower judiciary.

• Patriarchy in society

We can see Indian societies are patriarchal, and resist the participation of women in every field. Women feel insulted and face a hostile atmosphere in courtrooms and a lack of respect from members of the bar and bench.

• Infrastructure

The infrastructure of courts is very poor according to a patriarchal society, where only men are working so there is the absence of restrooms and childcare for women. These are also played as barriers for women.

• Familial responsibility

As we all know the patriarchal nature of society puts a bundle of responsibility upon women that leads to less exposure to the outer world, and they hardly get time for family responsibility. All these familial responsibilities affect the participation of women judges in Indian judicial services.

• Unbiased gender-sensitive judgment

A larger number of male Dominance in the judiciary sometimes dilutes the judgment without considering the sensitivity of the issue. That's why there are some instances when Women oriented judgments are diluted without giving proper attention to it.

• Inclusivity

There is inclusivity in diversity, this will help in having perspective, contribution, and presence of ideas of the opposite gender. their opinion will be valued and also help in decision-making. The way of increasing women's participation will also cover sensitive issues.

• Judicial reasoning

Increasing women in the judiciary will also help in better judicial reasoning. It will also strengthen the ability of decision-making. It will also help in the justice-giving process in marginalized sectors like women.

• Attract women to seek justice

There are some instances when women lose their hope and never register their case in the court, due to less attention given to women's cases when the judging party is male, though not true in all the cases it becomes easier for the petitioner when they find their case in the hands of same gender as litigants. it will encourage women to register their cases in court. This will give a kind of ease or support to get justice in an unbiased form.

Landmark judgments play an important role in shaping women's rights in India, some of the most important judgments that profoundly play a role in shaping women's participation are:

• Bebb vs. Law Society [1914]

This was the first case of its kind where four women fought for their right to pursue careers of their own choice. It was an important judgment that led to women's entry into the legal profession. In this case, four ambitious women decided to challenge the legal failure that prevented them from appearing in the examination to become solicitors. Their main argument was that the word ‘women’ also comes under the word ‘person’ in the Solicitors Act 1843.

• M/s PLR project Pvt. limited vs. Mahankali coalfield

In this case, the complainant called for action to create a judiciary that is gender-balanced.

Seeking equitable representation for women in the upper courts, the Supreme Court Women Lawyers Association made the move to the highest court. They drew attention to the pitifully low number of female judges on constitutional courts. They believed that a modern, progressive society had to aim for gender equity in every institution. Furthermore, if the organization approves the recommendations, it will open the door for deserving women who are already practicing in the SC to advance to the High Court and hold judicial posts.

In the two aforementioned situations, promising remarks were made, but the outcome was inconclusive. In Bebb v. Law Society, provisions of the Solicitors Act were amended to include a gender-neutral meaning in place of a discriminatory one; nevertheless, the requests were overturned. In the same vein, the bench declined to issue an order in M/s PLR Projects Pvt Ltd v. Mahanadi Coalfields Ltd to guarantee any affirmative action for the Fulfilment of the demand.

The path toward achieving gender-neutral justice: Through inclusivity and sensitization, it is imperative to promote inclusivity and raise awareness to effect institutional, social, and Behavioural change. Gender Sensitization questions or sections should be included in the All-India Bar Examination. It was aptly noted by former Chief Justice Chandrachud that a feminist perspective ought to permeate one's interactions with the legal system.

• Overcoming Patriarchal Mindset

To enhance the representation of women in the judiciary, patriarchal mindsets must be altered. Justice for women cannot be served until they are given more authority.

Realizing that women are not inferior in marriage and that they should be supported in striking a balance between job and family life should be the goal.

• Establishment of Gender Bias Task Forces

To offer meaningful recommendations, India must establish a body like the US Gender Bias Task Forces, which examines the impact of gender on legal systems (International Association of Women Judges, 2019).

• Including Distinguished Women Jurists

Since there are frequently no female justices in a certain region, this can aid in addressing the issue of geographic representation on the Supreme Court.

• A Mentorship System to Overcome Obstacles

In 2013, the Geneva Forum on Women in Judiciary proposed a mentorship program in which seasoned female judges and attorneys assist and mentor their more junior colleagues by offering insightful advice on how to overcome obstacles

• Reservation for Women in Higher Judiciary Appointments

The reservation policy should be applied to women in higher judiciary appointments without compromising their qualifications. Judge Ramana, a former Chief Justice of India, had urged female attorneys to vigorously advocate for a 50% reservation in the judiciary.

1. The minimum age threshold for district judge appointments has to be lowered.

2. To guarantee gender diversity and justice, the government and judiciary may waive the seniority principle.

3. The judicial system has to be made more transparent.

4. Women should have access to sufficient opportunities and supportive surroundings.

A court's strong demographics can be altered which will enable the body to see itself differently and possibly inspire additional modernization and reform. The legal profession ought to be a symbol of gender equality because it is the gatekeeper of equality and an organization dedicated to upholding rights. Women have held higher positions in India, such as Speaker, President, and premier, but they are still underrepresented in the higher judicial positions, such as CJI, AG, and Solicitor General. The lack of female judges in the more senior courts has been talked up repeatedly in Parliament and discussed by eminent participants at various legal conferences.

1. Remya, Women in Judiciary, Clear IAS, (Oct. 10, 2023), https://www.clearias.com/women-in-judiciary/.

2. G. Agarwal, D. Paliwal, Appointment of women as Judges in India, IPleaders, (Sep. 11, 2021), https://blog.ipleaders.in/appointment-women-judges-india/. 

3. Rosemary Auchmuty, Whatever happened to Miss Bebb, Bebb v The Law Society and Women’s Legal history, Volume 31 Issue 2,pp 199-230, (2011).