Discuss the desirability of greater representation to women in the higher judiciary to ensure diversity, equity and inclusiveness. (UPSC Mains-2021 GS Paper 2)
Status of representation of Women in Higher Judiciary
- There has never been a women Chief Justice of India.
- SC was established in 1950. First female SC judge was appointed in 1989.
- Of the 256 Supreme Court judges appointed in the past 71 years, only 11 (or 4.2%) have been women. The representation of women is more in lower judiciary due to recruitment through an open entrance examination. However, the higher judiciary has opaque collegium system, which more likely reflect bias against women
- Only out of 25 High Courts in the country has a woman Chief Justice (CJ Hima Kohli at Telangana High Court). Only 73 out of 661 High Court judges, which is roughly 11.04% are women. In five High Courts, namely, Manipur, Meghalaya, Patna, Tripura and Uttarakhand, there is not even a single woman judge.
Desirability of greater representation to women in the higher judiciary:
- By their mere presence, women judges enhance the legitimacy of courts, sending a powerful signal that they are open and accessible to those who seek recourse to justice.
- It will ensure diversity of perspectives is fairly considered. E.g.: more balanced and empathetic approach in cases involving sexual violence. It will instil greater public trust in the judiciary.
- Improvements in women’s representation in the judiciary remain intrinsic to the constitutional ideals of gender equality and social justice.
- Women''s increased participation in higher courts will help to combat gender stereotypes and pave the way for greater representation of women in other decision-making positions, such as in the legislative and executive branches of government.
- Changing the long-established demographics of a court can make the institution more amenable to consider itself in a new light, and potentially lead to further modernization and reform.
Suggestions to increase women’s participation in the higher judiciary
- Lack of infrastructure in courts, gender stereotypes and societal attitudes that have created hurdles for women to enter the legal profession. For example – a survey noted that out of nearly 6,000 trial courts, 22% have no toilets for women. This needs to change.
- Making the process of Judicial appointment more transparent, inclusive and involve representation from government and opposition rather than the current scenario of ‘judges appointing judges’ (Collegium system).
- Adopt better practices from countries like Britain where the government created an Advisory Panel on Judicial Diversity to investigate the barriers to women and in the judiciary and propose suitable remedies and recommendations.
Achieving equality for women judges, in terms of representation at all levels of the judiciary and on policy- making judicial councils, should be our goal- not only because it is right for women, but also because it is right for the achievement of a more just rule of law. Women judges are strengthening the judiciary by upholding women''s, child and environmental rights.
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