The Hindu Editorial Analysis- 29th October 2024 | Current Affairs & Hindu Analysis: Daily, Weekly & Monthly - UPSC PDF Download

The Under-Representation of Women in the Judiciary

Why in News?

The of women in the judicial system, which is glaring and widely discused, almost always revolves around entry-level measures that are aimed at ensuring that more women enter the profession as lawyers/ judges. While such entry-level measures are it is crucial to recognise that this is insufficient to ensure the continued support and encouragement and retention of women in the judiciary.

Women in Judiciary: Statistics 

• India Justice Report (IJR) 2022: According to the IJR 2022, only 13% of judges in High Courts and 35% of judges in Subordinate Courts are women. 
• Women Judges at the District Level:The representation of women judges varies by state: 
  • Goa: 70%
  • Meghalaya: 62.7%
  • Telangana: 52.8%
  • Sikkim: 52.4%
• Women in India's Supreme Court:
  • Low Representation: Out of the total 268 judges in the history of the Supreme Court, only 11 have been women, making up just 4.1% of all Supreme Court judges.
  • Current Situation: There are presently only three female judges in the Supreme Court.

Women in Judiciary

• Representation of Women in Judiciary (High Courts):
  • India has 25 high courts with a total of 1,114 judges.
  • Only 107 judges, which is 13% of all high court judges, are women.
• Representation of Women in Judiciary (Lower Courts):
  • The lower courts have a better representation of women judges compared to the higher courts.
  • This may be because entry into the lower judiciary is through an examination, while higher judiciary appointments are made by a collegium that chooses candidates informally.
• Availability of Reservation:
  • Many states have quotas for women, including:
    • Andhra Pradesh
    • Assam
    • Bihar
    • Chhattisgarh
    • Jharkhand
    • Karnataka
    • Odisha
    • Rajasthan
    • Tamil Nadu
    • Telangana
    • Uttarakhand
  • These states provide 30% to 35% of total seats for recruitment through direct appointment.
• Study Findings:
  • A 2018 study by the Vidhi Centre for Legal Policy found that the percentage of women in the lower judiciary is about 27%.
  • However, women face a glass ceiling in higher positions, such as district judges and at the high court level.

Reasons for Low Representation of Women in Judiciary

• Patriarchal Attitude: The "old boys' club" mentality makes it challenging for women to seek judicial positions.
• Lack of Family Support: Insufficient backing from family causes many women to leave their careers midway, highlighting traditional gender roles.
• Household Responsibilities: While women can join the formal workforce, they often face obstacles due to an unequal sharing of household chores and childcare.
• Rules and Regulations:
  • Continuous Practice: There is a requirement of seven years of uninterrupted practice for being appointed as a District Judge under Article 233.
  • Age Limit: Most states have a minimum age of 35 years for direct recruitment as a district judge. Additionally, no one under 55 can be appointed as a judge in the Supreme Court.
  • Family Responsibilities: The age restrictions can hinder women's representation due to marriage and family commitments.
• Gender Bias in Recruitment: The process for appointing judges to the higher judiciary is through a non-transparent Collegium System, where the criteria for selection are unclear. Critics argue that this system relies on personal connections and subjective evaluations.
• Research Findings: A study titled "Structural and Discretionary Bias: Appointment of Women Judges in India" revealed that 13 out of 19 judges interviewed acknowledged existing gender bias in the appointment of judges to the Supreme Court and High Courts.
• Lack of Community: Senior advocate Indira Jaising mentioned in 2017 that although more women are becoming judges, they often feel isolated and lack strong bonds with each other.
• Supportive Environment: Male judges tend to form friendly relationships with male lawyers, which can disadvantage women.
• No Reservation in Higher Judiciary: While some states have reservations for women in lower courts, these policies have not yet been applied to the higher judiciary.
• Neglect of Academicians: There are currently no provisions to appoint distinguished jurists, which could help increase women's representation in the Supreme Court.
• Miscellaneous Factors:
  • Sexual Harassment: Women face issues like sexual harassment and clients often hesitate to trust female advocates with significant cases.
  • Lack of Facilities: There is inadequate supportive infrastructure, such as the absence of separate toilets for women in many courts. About 22% of the 6,000 courts in the country do not have separate facilities for women advocates.
  • Maternity Leave: There is also a lack of maternity leave, which affects women's ability to balance work and family.

Significance of Having More Women in Judiciary

• Improve the Quality of Judicial Review and Adjudication:Having more women in the judiciary is important for several reasons:
  • It enhances the credibility and legitimacy of the courts.
  • It influences the language and vocabulary used in judgments.
  • It promotes a gender-neutral approach in court administration.
  • More women on the bench can create a better environment for delivering justice in India.
  • For example, Justice Sujata Manohar played a key role in drafting the important Vishakha Guidelines.
• A Step towards the Empowerment of Indian Women: The Indian judiciary supports women's struggles for equality, equal opportunities, dignity, and autonomy. Increasing the number of women judges will further enhance women's empowerment and justice.
• Wider Justice and Inclusivity: More women judges can help reduce the backlog of cases in the courts. Additionally, having more female judges may encourage more women to seek justice.
• Meeting the Needs of Underserved Communities: Adequate representation of women will address the needs of women and other marginalized groups.
• Availability of Varied Views: A diverse group of judges brings in different perspectives, which can improve judicial reasoning by considering various social contexts and experiences.
• Increase Gender Sensitivity in Judgments: There have been many cases where laws protecting women are weakened without addressing the sensitivity of the issues. More women in the judiciary can help tackle this issue.
• Action on International Obligations: The United Nations’ Sustainable Development Goal 5 aims for gender equality. Increasing women’s representation in the judiciary is a vital step toward fulfilling these commitments.

Way Forward to the Gender-Neutral Judiciary 

• Sensitization through Inclusivity: There is a need for change in institutions, society, and behavior by promoting inclusivity. The All India Bar Examination should include questions or sections that focus on gender sensitization.
• Feminist Approach: Former Chief Justice Chandrachud rightly noted that a feminist perspective should be integrated when interpreting the law.
• Overcoming Patriarchal Mindset: Increasing the representation of women in the judiciary is essential, and changing the patriarchal mindset is crucial for this. Without empowering women, true justice cannot be achieved for them.
• Equality in Marriage: It should be recognized that women are not inferior in marriage and should be supported in balancing their professional and family responsibilities.
• Reservation for Women in Higher Judiciary: There should be a system of reservation for women in appointments to the higher judiciary, ensuring that merit is not compromised.
• Call for 50% Reservation: Former Chief Justice Ramanna urged women lawyers to demand a 50% reservation in the judiciary strongly.
• Formation of Gender Bias Task Forces: Similar to the Gender Bias Task Forces in the US that analyze how gender influences court systems, India should establish a committee to make important recommendations (International Association of Women Judges, 2019).
• Mentorship System: The Geneva Forum on Women in Judiciary (2013) proposed a mentorship program where experienced women judges and lawyers can guide younger colleagues, offering valuable advice to help them navigate challenges.
• Modifications in Rules and Regulations: There is a need to reduce the minimum age requirement for appointing district judges. The government and judiciary could relax seniority rules to promote gender diversity and ensure justice.
• Enhancing Transparency: It is important to improve transparency in the judicial system.
• Creating Supportive Environments: Adequate opportunities and supportive environments should be established for women.
• Inclusion of Distinguished Women Jurists: Including prominent women jurists can help address the issue of geographical representation in the Supreme Court, as there are often no women judges from specific regions.
• Need for a Road Map: To address the gender gap, the Supreme Court should develop a vision document aimed at bridging the gender divide in the judiciary.

Conclusion

The low number of women in the judiciary is a significant issue. This challenge needs a detailed and thorough approach to resolve. It is important to take steps that encourage diversity and equal opportunities. Improving representation will help to make the Indian Justice System stronger.