Answer

Equal representation in the judiciary is essential for ensuring a balanced, inclusive legal system that can deliver gender-just verdicts. Women constitute only 13.4% of High Court judges and 9.4% of the Supreme Court as of 2023. Although 36.3% of judges in subordinate courts are women, gender disparity persists at higher judicial levels, affecting gender-sensitive judgments and limiting diverse perspectives on critical issues. 

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Equal Representation in Judiciary is Crucial for Gender-Just Verdicts

• Diverse Perspectives in Decision-Making: A balanced judiciary brings multiple perspectives to cases, promoting gender-sensitive interpretations of law that can lead to fairer outcomes.
  For instance: Studies show that in cases of gender-based violence, judgments by women judges often highlight societal issues affecting women’s rights.
• Enhanced Trust in Judicial Systems: Increased representation strengthens public trust by showing that the judiciary reflects societal diversity, promoting a sense of inclusiveness.
  For instance: In countries with balanced gender representation, there is higher public confidence in the legal system’s impartiality and fairness.
• Addressing Gender-Specific Issues: Women judges can bring unique insights into issues such as domestic violence, workplace harassment, and reproductive rights, ensuring these matters are understood from a comprehensive viewpoint.
• Promoting Gender Equality in Legal Interpretations: Equal representation ensures that laws are interpreted with an understanding of gender equality, reducing biases that often affect judicial outcomes for women.
• Inspiring Young Women to Pursue Law: Visible representation of women in judicial positions motivates young women to enter legal professions, contributing to a balanced future judiciary.
  For instance: Studies have found that increasing female judges led to a significant rise in female law students.

Current Status of Women Representation in Judiciary

• Supreme Court Representation: Despite progress, only 9.4% of Supreme Court judges are women, which is inadequate for a balanced judiciary at the highest level.
  For example: As of 2023, there are only three women judges out of 32 in the Supreme Court, reflecting a stark gender gap.
• High Court Gender Gap: Women make up only around 13.4% of High Court judges, with several states having minimal or no female representation in their judicial system.
  For example: High Courts in states like Bihar have no female judges, impacting regional judgments on women’s issues.
• Subordinate Courts Leading in Numbers: Women constitute approximately 36.3% of judges in subordinate courts, a significant improvement compared to higher courts.
• Regional Disparities in Representation: Representation varies widely, with some states having relatively high percentages of women judges while others have almost none.
  For example: Punjab & Haryana and Delhi High Courts lead in female representation, whereas states like Orissa and Chhattisgarh have minimal representation.
• Incremental Progress: Over the past decade, female representation has slightly improved, but it remains insufficient to ensure balanced judicial perspectives across cases.
  For example: Between 2018 and 2023, female representation in High Courts grew from 10% to 13.4%, indicating gradual but slow progress.

Challenges in Ensuring Equal Representation in the Judiciary

• Patriarchal Norms in Legal Professions: Deep-seated patriarchal biases discourage women from pursuing and advancing in the judiciary, limiting representation at higher levels.
  For instance: Societal expectations regarding family roles often deter women from judiciary careers, especially in senior positions.
• Opaque Appointment Processes: The lack of transparency in the judicial appointment process often results in gender bias, with limited access to appointments for women.
  For example: The collegium system, without clear criteria, favours male candidates, reducing opportunities for qualified female candidates.
• Workplace Harassment and Bias: Many women in the judiciary face sexism and harassment, creating a hostile work environment that impacts their career advancement.
  For example: Surveys indicate that female judges experience discrimination from colleagues, affecting their professional development.
• Inadequate Support Facilities: Lack of childcare and flexible working options disproportionately impacts women, deterring them from pursuing higher judiciary roles.
• Fewer Role Models in Judiciary: Low representation creates a cycle, as fewer women in senior judicial roles provide limited mentorship and inspiration for aspiring female lawyers.
  For example: States with minimal female representation lack mentors to guide young women, affecting the number of female candidates in judicial roles.

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Way Forward

• Setting Gender Quotas in Judiciary: Implementing quotas for women in judicial appointments, especially in higher courts, can ensure fair representation and address gender imbalances.
  For example: Several countries have adopted gender quotas, significantly improving women’s representation in their judicial systems.
• Transparent Selection Process: Making the judicial selection process more transparent can help reduce biases and promote diversity in appointments.
  For example: Establishing clear criteria for judge appointments in the collegium system would foster fair representation.
• Establishing Supportive Infrastructure: Providing facilities like childcare and flexible work hours can aid women in managing both professional and personal responsibilities.
• Promoting Gender Sensitization Programs: Training programs for judicial staff on gender sensitivity can foster a more inclusive environment and encourage women to advance in their careers.
• Strengthening Mentorship and Networks: Establishing mentorship programs within the judiciary can support young women, enhancing their professional growth and retention in the field.

Achieving equal representation in the judiciary is essential for a more just and inclusive legal system. Addressing current challenges, such as the lack of transparency and patriarchal biases, requires structured reforms and proactive support mechanisms. Promoting equal representation will enhance public trust and encourage gender-sensitive judicial perspectives, advancing India’s commitment to a fair, balanced judiciary.

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