Answer

The under-representation of women in India’s judiciary undermines gender equity and limits diverse perspectives in decision-making. Despite their pivotal role in justice, women occupy a small fraction of judicial positions. Empowering women through law demands addressing this systemic imbalance.

Reasons Behind Under-Representation of Women in Judiciary (with Data & Examples)

• Structural Entry Barriers: Women often face interrupted legal careers due to caregiving roles, impacting their eligibility for higher judiciary, which mandates consistent 7 years of practice.
  Example: The 2021 Vidhi Centre for Legal Policy report shows women constitute around 15% of practising advocates in India.
• Opaque Collegium System: The appointment process lacks transparency and gender balance.
  Example: Since its establishment in 1950, the Supreme Court has had only 11 women judges.
• Inadequate Infrastructure: Many lower courts lack basic facilities like functional toilets and security, discouraging women from joining or staying in judicial roles.
  Example: Nearly 20% of district court complexes lack separate toilets for women, with inadequate facilities & no gender-inclusive toilets
• Gender Bias and Stereotypes: Women are often overlooked for complex or criminal cases and are disproportionately assigned to “women-related” issues like family law.
• Lack of Role Models and Mentorship: With very few women reaching the top positions, young women in law lack visible career paths or mentors to guide them.
  

Impact of Under-Representation

• Judicial Insensitivity in Gender Cases: Under-representation often results in judgments that lack empathy or understanding of gender dynamics, reinforcing patriarchal attitudes. 
• Erosion of Public Trust: Lack of diversity reduces the judiciary’s credibility in the eyes of marginalized groups, especially women and minorities.
  Example: Women made up just 13.4% of judges in the High Courts and only 9.3% in the Supreme Court of India.
• Lack of Diversity in Judicial Reasoning: A bench lacking gender diversity may offer limited legal interpretations on issues like sexual harassment, domestic violence, and reproductive rights.
• Delayed Gender Justice Reforms: Without women’s perspectives, legal reforms on issues like marital rape, workplace harassment, or child custody can be stalled or lack nuance.
  Example: The criminalization of marital rape remains stalled, likely due to insufficient diverse perspectives on the bench.
• Missed Leadership in Policy and Administration: Women judges are underrepresented in court administration, law commissions, and the collegium, affecting gender-sensitive decision-making.
  

Way Forward 

• Institutional Reforms AIJS Implementation: The All India Judicial Service (AIJS), once implemented, could ensure merit-based, gender-neutral recruitment across lower judiciary.
  Example: The 116th Law Commission recommended AIJS to streamline recruitment and enhance diversity in judicial appointments.
• Gender-Sensitive Infrastructure: Ensuring safe transport, functional washrooms, and creches can help retain women judges, especially at lower levels.
  Example: In 2022, the Rajasthan High Court mandated all subordinate courts to have separate women’s restrooms and nursing rooms. 
• Reservation/Quotas in Lower Judiciary: Some states have taken the lead in reserving seats for women in judicial exams. 
• Mentorship and Leadership Development: Training programs and mentoring networks can support women in law to rise through the ranks.
  Example: The Women in Law & Litigation (WILL) Forum provides mentorship to young female lawyers and promotes judicial inclusion.
• Regular Representation Audits: Periodic release of gender-disaggregated data can help track progress and identify bottlenecks.
  

Under-representation of women in India’s judiciary undermines the principles of justice, inclusivity, and equality. As Justice Bela Trivedi aptly noted, “we should empower women through law, not sympathy.” A multidimensional strategy spanning structural reforms, institutional transparency, and societal mindset change is vital to make the judiciary reflective of the society it serves.

DOWNLOAD PDF