Gender Inequality in the Judiciary

Gender Inequality: The issue of gender representation in the judiciary has garnered significant attention in India, with particular focus on the barriers faced by women in entering and progressing within the legal system. Despite some positive trends in lower judicial ranks, the participation of women in higher levels, such as the Supreme Court and High Courts, remains limited. This article addresses the challenges women face within the judiciary and the broader legal system, including policy gaps, infrastructural barriers, and the need for a women-centric perspective to ensure greater participation and retention.

What is the current state of women’s representation in India’s judiciary?

As of 2023, women account for 36.3% of the district judiciary, which is an encouraging statistic. In several states, more than 50% of candidates recruited into the civil judge (junior) division were women. However, women’s representation in higher levels remains low. In January 2024, only 13.4% of judges in the High Courts and 9.3% in the Supreme Court were women. Additionally, certain states, including Bihar, Chhattisgarh, and Odisha, have little to no women judges in their High Courts.

How does the underrepresentation of women impact the Bar, and what challenges exist for women in legal practice?

Data from 2022 indicates that only 15.31% of all enrolled advocates are women. Women in the legal profession also face a significant underrepresentation in senior positions, such as senior advocates and Bar Council representatives. This results in fewer women advancing to higher ranks, thus creating a bottleneck in the profession. The lack of role models and mentors exacerbates this issue, limiting the pool of women eligible for elevation in the judiciary.

What are the key challenges faced by women in entering and progressing within the judiciary?

Women face challenges both at the entry and retention stages of their careers in the judiciary. At the entry level, many states have recruitment rules that require candidates to have a minimum number of years of continuous practice, which is difficult for women who must balance family responsibilities without sufficient support, such as maternity leave or stipends. At the retention level, women who manage to enter the system encounter an unsupportive environment that fails to consider their specific needs, further hindering career advancement. This has resulted in a reverse funnel effect, where fewer women are eligible for higher judicial positions due to transfer policies and lack of career growth.

What infrastructural and daily interaction issues do women face in the judiciary?

Women in the judiciary often face basic infrastructural shortcomings. A 2019 survey highlighted that nearly 100 district courts had no dedicated washrooms for women, and many High Courts still lack adequate sanitary facilities for female judges, staff, or litigants. Furthermore, courts lack family-friendly amenities, such as feeding rooms and crèches, which are crucial for women who are expected to balance their professional and familial duties. Although some courts have made efforts, the limited resources available render these facilities insufficient to meet women’s needs.

Why is a women-centric perspective necessary for improving gender representation in the judiciary?

A women-centric perspective is essential for both entry and retention of women in the judiciary. While existing policies focus on entry-level measures, they fail to address the broader, long-term needs of women in the profession, such as career progression and work-life balance. A femalecentric lens can guide policy-making by highlighting specific gender-based challenges that often go unnoticed in traditional male-dominated systems. This includes the need for gender-sensitive recruitment policies, family-friendly infrastructure, and greater representation in decision-making bodies, which would help create a more inclusive and supportive judicial environment.

What is the role of the “female gaze” in the judicial system, and how can it contribute to greater female participation?

The concept of the “female gaze” refers to employing a feminist lens in policy-making to ensure that the needs of women are prioritized and not overlooked in a male-dominated system. In the judiciary, this perspective would help in recognizing the differential needs of women, such as family responsibilities and career growth barriers. Implementing the female gaze would break the traditional male-centric view of judicial systems and foster more inclusive policies that facilitate the entry, retention, and career advancement of women in the judiciary.

How can the judiciary address the unconscious gender bias that hinders women’s progression?

Unconscious gender bias in courts often results in women judges being sidelined in administrative roles or facing challenges in career advancement. Former Supreme Court Judge, Justice Hima Kohli, highlighted how such biases persist. To address this, the judiciary needs to incorporate gender-sensitization training and ensure equal opportunities for women in all aspects of judicial work, including administrative duties. By actively addressing these biases, the judiciary can create a more balanced and inclusive environment for women judges.

What policy changes are necessary to ensure greater participation and support for women in the judiciary?

Policy changes must focus on both recruitment and retention of women in the judiciary. Recruitment policies should be adjusted to accommodate the unique challenges faced by women, such as offering maternity benefits, stipends, and flexible work arrangements. Retention policies must address gender bias, provide family-friendly amenities, and create opportunities for career growth. Additionally, infrastructure needs for women should be prioritized, and more women should be included in decision-making bodies like High Court committees and judicial academies to ensure that women’s perspectives are fully considered in policy development.

How can the legal profession and judiciary contribute to gender equality in India?

To promote gender equality, both the legal profession and judiciary need to implement inclusive policies and provide an environment that supports women. This includes addressing infrastructural shortcomings, offering gender-sensitization training, ensuring equal representation in decisionmaking positions, and prioritizing the development of family-friendly policies. Empowering women within the judiciary not only strengthens gender equality but also enhances the overall effectiveness of the justice delivery system by ensuring that diverse perspectives are represented.

What are the long-term benefits of ensuring greater participation of women in the judiciary?

Greater participation of women in the judiciary is crucial for promoting justice and equality in India. Women bring unique perspectives and experiences that can improve the quality of decisions and make the judicial system more inclusive. In the long term, this will not only contribute to better gender equality but also enhance the credibility and efficiency of the legal system, fostering public trust and ensuring that the judiciary is more representative of the society it serves.