Gender Sensitisation in Judiciary: Attorney General K K Venugopal has stressed the importance of promoting a better understanding of gender issues among judges in a written statement to the Supreme Court. He pointed out that there’s a persistent shortage of female judges in the Higher Judiciary.
Facts
- Only 11.5% of judges in high courts are women, and in the Supreme Court, out of 33 judges, only four are women.
- Among the 1.7 million registered advocates, only 15% are women.
- Surprisingly, there has never been a woman chief justice.
- The 2030 Agenda for Sustainable Development emphasizes the need for gender equality and women’s representation in public institutions like the judiciary, as highlighted in SDG 5 and SDG 16.
- Women judges in the Supreme Court have shorter tenures compared to their male counterparts. While eleven women have served in the Supreme Court, most had tenures of less than five years.
Reasons for Low Women Representation in Judiciary
Patriarchy in Society:
- Women are underrepresented in the judiciary due to deep-seated patriarchy in society.
- Women face hostility in courtrooms, including harassment and lack of respect from legal professionals. Their opinions are often silenced.
Opaque Collegium System Functioning:
- The higher judiciary’s collegium system is opaque, potentially reflecting bias.
- Example: Despite 19% of recommended candidates being women, only 17 out of 37 were appointed.
No Women Reservation:
- High Courts and the Supreme Court lack reservation policies for women.
- Example: States with such policies have 40-50% women judicial officers.
Familial Responsibilities:
- Age and family responsibilities hinder women’s elevation from subordinate judicial services to higher courts.
- This affects the diversity of perspectives in the judiciary.
Not Enough Women in Litigation:
- The low number of women advocates limits the pool for selecting women judges.
- More women in litigation can contribute to increased representation on the bench.
Judicial Infrastructure:
- Inadequate judicial infrastructure, including cramped courtrooms and lack of facilities, hinders women in the legal profession.
- Example: Absence of restrooms and childcare facilities.
No Serious Attempt:
- Over the past 70 years, there has been no serious attempt to ensure adequate representation of women in high courts and the Supreme Court.
- Despite comprising 50% of the population, women judges remain disproportionately low.
Significance of High Women Representation
Encouraging More Women to Seek Justice: Having more women judges not only boosts the numbers but also makes it more likely for women to seek justice. When women see others like them in positions of authority within the legal system, it increases their confidence in pursuing legal remedies for their rights.
Enhancing Judicial Reasoning: Having a more diverse group of judges strengthens the ability of the legal system to understand and respond to different social situations. This means that the court is better equipped to consider and address the unique challenges faced by women and marginalized groups. In simple terms, having diverse judges makes the legal system more understanding and responsive to the needs of everyone.
Diverse Perspectives Matter: Including people from various backgrounds in the judiciary is crucial because it brings in a range of different life experiences. This diversity ensures that the legal system considers a broader set of viewpoints when making decisions. It’s like having a team with different skills to tackle a problem – diversity in the judiciary provides alternative and inclusive perspectives in interpreting laws.
Way Forward
We should work on changing the way things are done in India by making people more aware and emphasizing inclusivity. It’s important to address the traditional way of thinking, especially when it comes to selecting and approving the names of judges for higher courts. We need to give more opportunities to deserving women lawyers and district judges to be promoted. This change is crucial to create a fair and inclusive system.
