Sansad TV: Women In Judiciary | Current Affairs & Hindu Analysis: Daily, Weekly & Monthly - UPSC PDF Download

Introduction

• The Supreme Court of India has had only a few female judges in its 71-year history, with Justice Fathima Beevi being the first woman to be elevated to the bench 39 years after the establishment of the court. There has never been a female Chief Justice, and the number of women judges across the higher judiciary remains consistently low.
• Out of the 1,113 sanctioned judges in the High Courts and the Supreme Court, only 80 are women, with four in the Supreme Court and the other 78 in various High Courts, making up only 7.2% of the total number of judges.

Challenges to women’s entry into judiciary

• One major obstacle to women's entry into the judiciary is the eligibility criteria for district judges, which requires lawyers to have seven years of continuous legal practice and fall within the age bracket of 35-45. This can be a disadvantage for women as many may be married and have to take career gaps due to childbirth.
• The long and inflexible work hours in law, combined with familial responsibilities, also force many women to drop out of practice and fail to meet the continuous practice requirement. Additionally, there have been few instances of esteemed female lawyers being elevated to Supreme Court Judge, with Justice Indira Bannerjee being a rare exception.

Benefits of diversity and gender representation in Supreme court

• The inclusion of women judges in the judiciary, after being historically excluded, has had positive effects on the perception of the courts as more inclusive, transparent, and representative. Their presence signals that the courts are accessible to all who seek justice.
• Women judges also enhance the quality of decision-making by bringing a gender perspective that can highlight gender stereotypes and different impacts of laws on men and women, making adjudication fairer. For example, women judges can prevent baseless judgments such as the imposition of conditions like getting a Rakhi tied to the wrist of a man accused of sexual assault. 
• Women judges can bring lived experiences and a more empathetic perspective to their judicial actions, which can lead to a more balanced and empathetic approach in cases involving sexual violence.

Conclusion

It is necessary for the Supreme Court to take the lead in this initiative because the Supreme Court Collegium has almost exclusive control over appointments. The objective should be to ensure that women are represented at least 50% in all leadership roles. The former Chief Justice of India also suggested that women should have a 50% quota in the judiciary as it is their entitlement.