Editorial Analysis: Under-representation of Women in Judiciary
Kartavya Desk Staff
Source: The Hindu
*General Studies-1; Topic: Role of women and **women’s organization*
Introduction:
• The Indian judiciary lacks substantial representation of women, especially at higher levels. Although entry-level recruitment has improved, higher courts, particularly High Courts and the Supreme Court, still see minimal female representation.
• As per the Supreme Court’s “State of the Judiciary” report (2023), only 13.4% of High Court judges and 9.3% of Supreme Court judges are women, with some States having none or only one woman judge.
• In lower courts, 36.3% of district-level judges are women, showing improvement in entry-level but not at higher judicial echelons.
Challenges in the Legal Profession
• Women face significant barriers in establishing themselves as advocates and advancing within the legal profession.
• Approximately 15.31% of advocates are women, with limited representation as senior advocates or Bar Council members, creating a “funnel effect” that narrows the pool of female candidates available for higher judicial appointments.
Policy Gaps and Systemic Hurdles
• Entry-Level Challenges: State Judicial Service Rules requiring continuous practice as advocates impact women who may face career breaks due to family responsibilities.
• State Judicial Service Rules requiring continuous practice as advocates impact women who may face career breaks due to family responsibilities.
• Retention Issues: Retention of women in the judiciary is hindered by transfer policies and limited support structures, discouraging career growth and exacerbating gender imbalance in higher judiciary.
• Retention of women in the judiciary is hindered by transfer policies and limited support structures, discouraging career growth and exacerbating gender imbalance in higher judiciary.
• Infrastructural Shortcomings: Many district courts lack basic amenities like dedicated washrooms for women judges and lawyers, let alone crèches or feeding rooms, which are essential for family balance.
• Many district courts lack basic amenities like dedicated washrooms for women judges and lawyers, let alone crèches or feeding rooms, which are essential for family balance.
• Cultural and Social Expectations: In Indian society, women are often seen as primary caretakers, which impacts their ability to pursue demanding careers like law and judiciary, especially where flexible work options are minimal.
• In Indian society, women are often seen as primary caretakers, which impacts their ability to pursue demanding careers like law and judiciary, especially where flexible work options are minimal.
• Economic Barriers: Many women lawyers start with lower income, which can deter them from pursuing higher studies or taking up the financial burden of establishing a law practice. In the absence of institutional support like maternity benefits or minimum stipends, women are financially disadvantaged in establishing their careers.
• Many women lawyers start with lower income, which can deter them from pursuing higher studies or taking up the financial burden of establishing a law practice.
• In the absence of institutional support like maternity benefits or minimum stipends, women are financially disadvantaged in establishing their careers.
The Public-Private Divide and Gender-Specific Needs
• The theory of public-private divide by Carole Pateman explains the challenge women face in male-dominated fields like the judiciary.
• As women transition from private to public spheres, the absence of gender-sensitive policies in the public domain makes adaptation challenging.
• Existing policies often overlook the specific needs of women, reinforcing gendered impacts and perpetuating barriers in the judiciary.
Broader Impact on Justice Delivery and Societal Perceptions
• Gendered Perspective in Judgments: A judiciary with few women misses out on gender perspectives in judgments, particularly in cases involving women’s rights, family laws, and sexual harassment, impacting the delivery of justice.
• A judiciary with few women misses out on gender perspectives in judgments, particularly in cases involving women’s rights, family laws, and sexual harassment, impacting the delivery of justice.
• Public Trust in Judiciary: Greater diversity, including gender diversity, in the judiciary enhances public trust by showcasing a representative justice system, which resonates with a larger segment of society.
• Greater diversity, including gender diversity, in the judiciary enhances public trust by showcasing a representative justice system, which resonates with a larger segment of society.
• Role-Model Effect: Increased female representation creates role models for young female law aspirants, inspiring more women to pursue judicial careers, creating a ripple effect in gender inclusivity.
• Increased female representation creates role models for young female law aspirants, inspiring more women to pursue judicial careers, creating a ripple effect in gender inclusivity.
The Female Gaze in Judiciary Policies
• A female-centric approach to policy-making could counter indirect discrimination and accommodate women’s unique needs. This approach advocates for a feminist lens that acknowledges the distinct needs of women in male-dominant structures.
• Implementing a “female gaze” involves recognizing and removing biases in infrastructure and policy, creating an inclusive environment that supports women’s career advancement.
Global Comparison and Best Practices
• Global Benchmarking: Countries like the U.K. and Canada have implemented gender-inclusive policies, such as flexible work hours, gender-sensitization training, and balanced gender representation mandates, which India can benchmark to improve female representation.
• Countries like the U.K. and Canada have implemented gender-inclusive policies, such as flexible work hours, gender-sensitization training, and balanced gender representation mandates, which India can benchmark to improve female representation.
• Adopting Best Practices: Best practices include creating gender-balanced judicial committees, offering mentorship programs, and establishing women’s legal associations, all of which can provide structural support for women in India’s judiciary.
• Best practices include creating gender-balanced judicial committees, offering mentorship programs, and establishing women’s legal associations, all of which can provide structural support for women in India’s judiciary.
Prioritizing Women-Centric Needs in Judiciary
• Infrastructural Support: The lack of female representation in judicial building committees results in infrastructure needs of women often being deprioritized. Ensuring women’s input in such committees can lead to more comprehensive planning for women-friendly amenities.
• The lack of female representation in judicial building committees results in infrastructure needs of women often being deprioritized.
• Ensuring women’s input in such committees can lead to more comprehensive planning for women-friendly amenities.
• Policy Reforms: Legislative and regulatory reforms can be tailored specifically to remove hurdles faced by women in the judiciary, such as reducing minimum practice requirements for women advocates, or introducing female-centric evaluation criteria for promotions. Gender-sensitive transfer policies and inclusive recruitment criteria could mitigate the challenges women face in judicial careers, providing them with a supportive environment.
• Legislative and regulatory reforms can be tailored specifically to remove hurdles faced by women in the judiciary, such as reducing minimum practice requirements for women advocates, or introducing female-centric evaluation criteria for promotions.
• Gender-sensitive transfer policies and inclusive recruitment criteria could mitigate the challenges women face in judicial careers, providing them with a supportive environment.
• Training and Support: Gender-sensitization training and better representation in judicial academies could address unconscious bias within the judiciary.
• Gender-sensitization training and better representation in judicial academies could address unconscious bias within the judiciary.
• Family-Friendly Judicial Spaces: Creating family-friendly judicial spaces, including childcare and nursing facilities, could be a significant step toward making the judiciary a more inclusive institution.
• Creating family-friendly judicial spaces, including childcare and nursing facilities, could be a significant step toward making the judiciary a more inclusive institution.
Conclusion
• For true gender parity in the judiciary, entry and retention policies must be reformed to address the distinct challenges women face. This requires recognizing the dual burden of professional and domestic responsibilities that women carry and building infrastructure and policies to ease this burden.
• A judiciary that is inclusive and sensitive to gender-specific needs will empower more women to enter, remain, and rise within the judicial system, ensuring diversity, fairness, and enhanced perspectives in judicial decision-making.
Practice Question:
Critically examine the causes of under-representation of women in the Indian judiciary, particularly at higher levels. Highlight the socio-cultural and institutional factors that contribute to this disparity. (250 words)