Answer:

Introduction:

The Indian judiciary, revered as a bastion of justice and equality, operates within the broader societal context of India, a country steeped in diverse cultures and traditions. One of the pervasive elements in these cultural underpinnings is patriarchy, a social system where men hold primary power and predominate in roles of political leadership, moral authority, social privilege, and control of property.

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Historical and Cultural Context:

• The roots of patriarchy in Indian society are deep, influencing various aspects of life, including the legal system. 
• Historically, laws and legal practices have been skewed towards male dominance, evident from laws related to inheritance, marriage, and family.

Representation in the Judiciary:

• As of 2023, of the 33 Supreme Court judges in India, only three are women.
• This underrepresentation at the apex level is mirrored in the High Courts, where out of 782 judges, only 107 are women, which is about 13%​​. 
• Such disparity in representation can potentially influence the judiciary’s perspective on gender-related issues.

Gender Bias in Judgements:

• Indian courts have been criticized for using misogynistic language and delivering patriarchally influenced verdicts. 
• One such example is the 2017 Delhi High Court’s ruling in the Mahmood Farooqui case, where the court controversially interpreted a ‘feeble no’ as consent​​. 
• This case highlights how patriarchal mindsets can percolate into judicial reasoning.

Judicial Reforms and Sensitization:

• Recently, there have been significant efforts to address these issues. 
• The Supreme Court under Chief Justice D.Y. Chandrachud released a handbook on combating gender stereotypes, aiming to guide judges in avoiding misogynistic language and regressive ideas about women in their rulings​​.

Progressive Judgements:

• Despite these challenges, the judiciary has made notable strides in gender equality. 
• Recent rulings include the split verdict on Karnataka’s Hijab Ban, reflecting the complex interplay of gender, religious rights, and education​​, and a landmark decision in 2022 affirming that unmarried women have the same right to access abortion as married women, thereby upholding the right to reproductive autonomy irrespective of marital status​​.

Intersection of Gender, Caste, and Religion:

• The handbook also sheds light on the intersection of caste and gender in legal judgments, particularly in cases of sexual violence, where caste and religious identity of victims influence judicial outcomes​​.

Conclusion:

The Indian judiciary, while still influenced by patriarchal norms, is actively engaging in self-introspection and reforms to combat gender bias. The underrepresentation of women in the judiciary and the patriarchal overtones in some judgments reflect the ongoing struggle with gender equality. However, recent judicial initiatives and progressive judgments indicate a positive shift towards a more gender-sensitive legal system. The journey towards eradicating deeply ingrained patriarchal biases is challenging but necessary for achieving true gender equality in the administration of justice.

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