Speaking at the national conference “Bridging the Bench Gap: Women and Judicial Leadership” in New Delhi, the Chief Justice of India highlighted the need to improve women’s representation in the judiciary.
- The event was organised by Indian Women in Law at the auditorium of the Supreme Court of India.
Current Statistics
Representation in the Indian judiciary is often described as a “funnel effect”, where numbers are relatively strong at the entry-level but decrease significantly at the highest levels of leadership.
- The Supreme Court Scenario: As of early 2026, women constitute only a small fraction of the Supreme Court bench.
- Historically, only 11 women (approximately 4%) have ever served as judges in the Supreme Court.
- Notably, since the historic 2021 appointment of three women simultaneously, no new female judge has been elevated to the apex court, raising concerns about equal opportunity.
- High Court Representation: Women’s representation in High Courts stands at approximately 15%.
- While some courts like Punjab & Haryana lead with nearly 30% women, others like Manipur, Tripura, and Uttarakhand currently have zero women judges.
- Lower/District Judiciary: This tier shows the most promise, with women making up 35% to 37% of the workforce.
- States like Goa (70%) and Meghalaya (62.7%) have achieved high parity because entry is based on objective competitive exams and state-level reservations.
Reasons for Low Representation of Women
- The “Pipeline Problem” at the Bar: Justice Surya Kant observed that judicial diversity cannot be achieved at the appointment stage alone.
- If the “pipeline from the Bar to the Bench” is weak—meaning fewer women stay in active litigation for the required 15–20 years—the pool of eligible candidates remains small.
- Historical and Social Barriers: A long history of patriarchal exclusion and the “old boys’ club” mentality makes it harder for women to lobby for judicial posts.
- Many women face gender stereotypes regarding their competence in handling complex matters like criminal or tax law.
- Rules and Regulations: The 7-year continuous practice rule for District Judges and the minimum age bar (typically 35-45) often conflict with the years women traditionally dedicate to marriage and caregiving, leading to career stagnation.
Significance of Having More Women in Judiciary
- Diverse Perspectives: Women judges bring gender-sensitive insights to cases involving domestic violence, family law, and sexual harassment.
- For example, Justice Sujata Manohar was instrumental in drafting the landmark Vishakha Guidelines.
- Public Confidence and Legitimacy: A judiciary that reflects the societal diversity of India (which is 50% female) strengthens public trust.
- It ensures that the justice system is perceived as fair, inclusive, and representative of all citizens.
- Role Models: High-ranking women judges serve as inspirational figures for young women entering the legal profession, helping to break traditional gender roles.
Challenges Hindering Women’s Representation in India
- Work-Life Balance and Attrition: High-pressure demands often conflict with family roles.
- Justice B.V. Nagarathna highlighted that the primary challenge is the retention of women in litigation, rather than their initial entry into the profession.
- Infrastructure Deficits: A significant barrier is the lack of supportive infrastructure.
- Approximately 22% of trial courts lack separate toilets for women, and crèche facilities are rarely available.
- Institutional Bias: The Collegium System is often criticized for being opaque.
- Without transparent selection criteria, professional and personal networks (which favor men) often dictate appointments.
India’s Initiatives and Actions to Promote Women in the Judiciary
- Reservation in Bar Councils: A major milestone is the mandate to reserve at least 30% of seats for women in State Bar Councils. This enhances leadership opportunities for women within the legal profession.
- Widening the “Zone of Consideration”: High Court Collegiums have been urged to identify talent among women advocates practicing in the Supreme Court if suitable local candidates are not available within the conventional age bracket.
- Gender Sensitization: Judicial bodies have launched awareness programs to eliminate subconscious bias and violence against women within the legal framework.
Global Best Practices and Initiatives
- UNODC’s Women in Justice Initiative: Launched in March 2024, this initiative provides mentorship, practical leadership guidance, and global networking opportunities for women in anti-corruption law enforcement and the judiciary.
- International Association of Women Judges (IAWJ): Founded in 1991, the IAWJ works to increase the presence of women in the judiciary, mitigate gender bias, and advance women’s issues in international courts.
- Asia Pacific Forum on Women, Law and Development (APWLD): Established in 1986, APWLD promotes women’s empowerment and gender justice across the Asia-Pacific region, advocating for women’s participation in policy-making and legal advocacy discussions.
- HeForShe Campaign: Initiated by UN Women in 2015, this global solidarity movement aims to engage men and boys in promoting gender equality, including in the legal profession.
- Gender Diversity in the Judiciary Initiative: Launched by UNDP and the Commonwealth Secretariat, this initiative aims to build women’s full and effective participation in the legal profession, focusing on gender diversity in the judiciary.
PWOnlyIAS Extra Edge:
Constitutional Provisions to Promote Women in Indian Judiciary
- Article 14 – Equality Before Law: The Constitution guarantees equality before the law and equal protection of the laws. This ensures that women, like men, have the right to access judicial positions without discrimination based on gender.
- Article 15 – Prohibition of Discrimination: Article 15(1) prohibits discrimination on the grounds of religion, race, caste, sex, or place of birth. This includes a provision for gender equality, which supports women’s right to participate in the judiciary.
- Article 39(a) – Equal Justice and Free Legal Aid: This provision directs the state to ensure equal justice and free legal aid. It aims to reduce gender disparities in accessing justice, which indirectly promotes women’s involvement in legal and judicial processes.
- Article 46 – Promotion of Welfare of the Backward Classes: The state is directed to promote the welfare of women, particularly those from backward classes, to enable them to participate more fully in the judiciary and legal profession.
- Article 51A(e) – Fundamental Duties: It is the duty of every citizen to promote harmony and the spirit of common brotherhood among all people, including between men and women. This provision calls for the elimination of gender bias in all spheres, including the judiciary.
- Article 32 – Right to Constitutional Remedies: Women can use Article 32 to address gender discrimination and seek redressal for issues related to women’s rights, including representation in the judiciary.
- Directive Principles of State Policy (DPSP): Article 39A: Ensures that the state provides equal opportunities for both men and women in the judicial system and promotes gender-sensitive laws.
SDG Provisions to Promote Women in Indian Judiciary
- SDG 5 – Gender Equality: SDG 5 is a global goal focused on achieving gender equality and empowering all women and girls. This goal directly promotes women’s representation in decision-making positions, including the judiciary, and seeks to eliminate all forms of discrimination against women.
- SDG 10 – Reduced Inequality: SDG 10 aims to reduce inequality within and among countries, including by addressing gender inequality in all public institutions, including the judiciary.
- SDG 16 – Peace, Justice, and Strong Institutions: SDG 16 focuses on promoting peace and ensuring justice for all. Specifically, Target 16.7 advocates for responsive, inclusive, participatory, and representative decision-making, which includes increasing women’s representation in the judiciary and ensuring gender equality in the justice system.
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Way Forward
- 50% Representation Goal: As suggested by former CJI N.V. Ramana, India should aim for 50% reservation for women in the judiciary to address the structural imbalance.
- Reform of the Collegium System: The appointment process must become more transparent and gender-sensitive, ensuring that women have a fair chance at higher judicial roles.
- Safe and Inclusive Work Environments: Every court must establish anti-harassment policies and provide flexible work policies, maternity leave, and childcare to retain female talent.
- Mentorship Systems: Establishing a formal network where senior women judges guide younger peers can help them navigate the challenges of a male-dominated field.
Conclusion
The push for gender diversity in the judiciary is essential not only for equal opportunity but for the credibility and effectiveness of India’s justice delivery system. By strengthening the pipeline from legal education to the Bench and upholding the Constitutional values of equality and fairness, India can build a truly inclusive judiciary that serves all its citizens.
10 Mar 2026
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