With Justice Sudhanshu Dhulia’s retirement (August 2025), two Supreme Court vacancies arose, yet no women were appointed. Justice B.V. Nagarathna remains the lone woman judge, exposing severe gender imbalance and flaws in judicial appointments.

Women in Judiciary: Statistics

• Historical Representation: As of 2025, only 11 women have served as judges in the Supreme Court of India, comprising approximately 4% of the total number of judges.
• Future Leadership: Justice B.V. Nagarathna, who will be the first female Chief Justice of India in 2027, marks a historic step toward greater gender representation in judicial leadership.
• Current Imbalance: The current Supreme Court has only three women judges out of 34 total judges, highlighting the ongoing gender imbalance in judicial appointments.
• High Court Representation: Women’s representation in High Courts stands at 11%, with only two women ever having held the position of Chief Justice in a High Court.
• Milestone Appointment: In 2021, three women judges were appointed to the Supreme Court simultaneously, marking a significant moment in judicial history, but overall representation remains low.

Reasons for Low Representation of Women in Judiciary

• Historical & Social Barriers: Long history of patriarchal exclusion from the legal profession.
  • Gender stereotypes about competence in handling complex judicial matters.
  • Societal expectations of caregiving roles limit women’s participation.
• Educational & Career Path Constraints: Limited access to quality legal education, especially for marginalized groups.
  • Lack of role models and mentorship discourages women from judicial careers.
• Professional & Workplace Challenges: Male-dominated networks restrict women’s advancement in the profession.
  • Absence of supportive infrastructure like maternity leave, childcare, and flexible work policies.
• Institutional & Structural Bias: Opaque Collegium system often lacks transparency and gender sensitivity.
  • Systemic barriers to leadership roles, with very few women becoming Chief Justices.
• Retention & Advancement Issues: Women face discrimination, lack of career progression, and higher attrition, despite initial entry into the judiciary.

Significance of Having More Women in Judiciary

• Diverse Perspectives in Legal Decision-Making: Women judges bring important gender-sensitive perspectives, especially in cases related to family law, domestic violence, and sexual harassment, where their personal experiences add valuable insights.
• Enhancing Gender Equality in the Legal System: More women in the judiciary strengthens the democratic nature of the legal system, ensuring equal representation and fair decision-making in legal matters.
• Role Models for Future Generations: Women judges serve as inspirational figures for young women aspiring to enter law, breaking traditional stereotypes and encouraging gender equality in the profession.
• Improved Public Confidence in the Judiciary: When women are better represented in the judiciary, public trust in the legal system increases, as it reflects a fairer and more inclusive system that represents the broader society.
• Strengthening Democracy and Justice: By ensuring equal representation in the judiciary, women contribute to making justice more accessible, ensuring the legal system operates in the best interests of all citizens, regardless of gender.

Challenges Hindering Women’s Judicial Representation

• Structural and Cultural Barriers: Deeply ingrained patriarchal structures within the judiciary often create a gender-unfriendly work environment that perpetuates underrepresentation of women.
• Work-Life Balance Issues: The high-pressure demands of judicial duties conflict with family responsibilities, particularly for women, leading to attrition or career stagnation.
• Retention and Promotion Barriers: Many women leave or fail to advance due to discriminatory practices and lack of equal opportunities for promotion and career growth in the judiciary.
• Lack of Mentorship and Networking: Women lack access to mentorship and networking opportunities, which are crucial for career advancement in the judiciary, as they are typically outnumbered by their male counterparts.
• Sexual Harassment and Bias: Women judges often face sexual harassment, bias, and discrimination within the judiciary, creating a hostile work environment that deters many women from advancing in their careers.

India’s Initiatives and Actions to Promote Women in the Judiciary

• Gender-Sensitive Judicial Reforms: India has implemented reforms aimed at creating a more gender-sensitive legal framework, addressing the needs and rights of women within the judicial system.
• Research and Advocacy Initiatives: Organizations have launched initiatives to address the gender gap in the higher judiciary, focusing on securing equal and inclusive representation of women.
• Gender Sensitization Programs: Judicial bodies have organized awareness programs focusing on gender sensitization and the elimination of violence against women, involving judges and legal experts.
• Suggestive Measures for Inclusion of More Women Judges: As per CJI N.V. Ramana, several key measures can foster gender equality in the judiciary:
  • 50% Representation: Ensure at least half of judicial positions are reserved for women to address structural imbalance and promote gender parity.
  • Gender Diversification in Legal Education: Promote inclusive policies in law schools to encourage more women to enter the legal profession, enhancing the pool of potential future judges.
  • Reservation in Law Courses: Fix reserved seats for women candidates in colleges and universities offering law courses to build a strong pipeline of future judges.

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.

Way Forward

• Gender-Neutral Policies: The judiciary must adopt gender-neutral policies to support women’s participation at all levels, including policies on maternity leave, childcare, and flexible working hours.
• Promoting Equal Opportunities for Leadership: The Collegium should ensure that women have access to leadership opportunities and career advancement within the judiciary by actively prioritizing gender diversity in judicial appointments.
• Mentorship Programs and Support Networks: Establishing mentorship programs and support networks for women can provide them with the necessary tools to navigate career obstacles and succeed in their judicial careers.
• Reforming the Collegium System: The Collegium system must be reformed to be more transparent, gender-sensitive, and accountable, ensuring that women have a fair chance to be appointed to higher judicial positions.
• Creating Safe and Inclusive Work Environments: The judiciary must establish anti-harassment policies, equal opportunities for promotions, and gender-sensitive workspaces that will retain women in the profession and support their career growth.

Conclusion

To build a truly inclusive judiciary, India must ensure the equal representation of women, upholding constitutional values of justice, equality, and fairness. By fostering an environment that encourages women’s active participation, the judiciary can become a more democratic institution that serves all citizens effectively, adhering to the principles of equality and social justice enshrined in the Indian Constitution.

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