Women in Judiciary – Does The Indian Judiciary Have A Patriarchy Problem?

Context:  This article is based on an Editorial “Women in Judiciary – Does the Indian judiciary have a ‘patriarchy problem’?” Which was published in the Indian Express. Recently, the first woman Supreme Court Justice in India and Asia, Justice Fathima Beevi died. She was appointed to the Supreme Court in 1989.

• She became the first Muslim woman judge of the Supreme Court.
• She acknowledged that the judiciary is a patriarchal institution but with her appointment, she has “opened the door” for women.

Status of Women in Judiciary 

• Constitutional Provisions: Appointments to the higher judiciary are made under Articles 124, 217, and 224 of the Constitution.
• Availability of Reservation: The higher judiciary doesn’t provide reservation “for any caste or class of persons.”
• Representation Data: As per India Justice Report (IJR) 2022, only 13% of High Court judges and 35% of Subordinate Court judges are women.
  • Representation of Women Judges at District Level: Goa(70%), Meghalaya (62.7%), Telangana (52.8%), and Sikkim (52.4%).

What is the current representation status of women in India’s Supreme Court?

• Negligible Representation: Among the total 268 judges in the Supreme Court’s history, only 11 have been women. It means, only 4.1% of all Supreme Court judges have been women.
  • They include Justices Sujata Manohar, Ruma Pal, Gyan Sudha Misra, Ranjana Desai, R. Banumathi, Indu Malhotra, Indira Banerjee, Fathima Beevi, Justices Hima Kohli, Bela Trivedi and BV Nagarathna.
• Current Scenario: There are only three female judges – Justices Hima Kohli, Bela Trivedi, and BV Nagarathna.
  • While Justice Nagarathna is in line to become the first-ever female Chief Justice of India (on September 25th, 2027) her tenure will be only 36 days.

Also Read: Ensuring Judicial Independence In Appointment of Judges in Higher Judiciary

What is the current representation status of women in High Courts?

• Representation: Presently, India has 25 high courts with a total sanctioned strength of 1,114 judges. Among these, only 107 judges, or 13% of all HC judges, are female.
  • Currently, none of the country’s 25 HCs have a female chief justice except the Gujarat High Court, where the collegium appointed Justice Sunita Agarwal in July this year.

Representation of Women in the Lower Judiciary

• Better Representation: In comparison to the higher judiciary, the lower judiciary has a better representation of women judges. 
  • Reasons: Perhaps the entry to the lower judiciary is through an examination, while the higher judiciary is based on the collegium which informally chooses candidates.
• Availability of Reservation: Several states have provided quotas for women, including Andhra Pradesh, Assam, Bihar, Chhattisgarh, Jharkhand, Karnataka, Odisha, Rajasthan, Tamil Nadu, Telangana, and Uttarakhand.
  • They provide 30% to 35% of the total seats for which recruitment is done through direct appointment.
  • According to a 2018 study by the Vidhi Centre for Legal Policy, women in the lower judiciary is relatively higher at 27%, it hit a glass ceiling in higher appointments — as district judges and subsequently at the high court level.

What are the reasons behind the lack of representation of Indian women in judiciary?

• Patriarchal Attitude: The “old boys’ club mentality” makes it harder for women to lobby for judicial posts.
• Missing a Bond: In 2017, senior advocate Indira Jaising said that though representation of women in judiciary is increasing but they are isolated and not very bonded.
  • Male judges have a friendly body when speaking to male lawyers.
• Miscellaneous Factors: Sexual harassment, clients not trusting women advocates with high-stake cases, and lack of supportive infrastructure, from toilets to maternity leave.

Conclusion

The lower representation of women in judiciary remains a persistent challenge that needs to be addressed comprehensively. The steps need to be taken to promote diversity and equal opportunities, which would consecutively strengthen the Indian Justice System.