Gender deficit in Indian Judicial system

Gender deficit in Indian Judicial system

Advocating voice for Gender Diversity in Indian Judiciary, the Supreme Court Women Lawyers Association has penned a letter to the Chief Justice of India asking him to consider on an immediate basis elevation of experience Supreme Court women Lawyers from Supreme Court to the High Courts as Judges.

Number of Women in Indian judicial system.

While there has been a marginal increase in the number of women in India's judicial system, the glass ceiling continues to be an obstacle in the way of achieving gender parity in the field, with women comprising only 29 per cent of the judges in the country.

Despite the symbol of justice being a statue of a blindfolded Lady Justice holding a balance, we have less than 12% women judges in the High Courts.

There are 27% female judges in the lower judiciary, 10% in High Courts and less than one percent in the Supreme Court.

Importance of Women in Judiciary

Given the fact that the judiciary is a public institution, gender equality and women’s representation in judiciary is not only a national responsibility, but also a global one.

The 2030 Agenda for Sustainable Development, and Sustainable Development Goals (SDG 5 and SDG 16 in particular), address the global responsibility of having gender equality and women’s representation in public institutions such as the judiciary.

Achieving equality for women judges is important not only because it is a right for women, but also because it is right for the achievement of a more just rule of law. Women judges strengthen the judiciary and help to gain the public's trust.

The entry of women judges is a positive step in the direction of judiciaries being perceived as being more transparent, inclusive, and representative of the people whose lives they affect.

Women judges enhance the legitimacy of courts, sending a powerful signal that they are open and accessible to those who seek recourse to justice.

Women judges bring those lived experiences to their judicial actions, experiences that tend toward a more comprehensive and empathetic perspective.

Adjudication is enhanced by the presence of women who bring to the fore considerations that would not have been taken into account in their absence and the scope of the discussion is hence enlarged, possibly preventing ill-considered or improper decisions.

By elucidating how laws and rulings can be based on gender stereotypes, or how they might have a different impact on women and men, a gender perspective enhances the fairness of adjudication, which ultimately benefits both men and women.

Way forward

The importance of women in judiciary can be summarized in three words: Equality, Empowerment and Accountability. One of the most important roles of women in judiciary is to strengthen the local economy, which directly impacts the livelihood of community members. By organizing workshops and training sessions for female judges and lawyers, women can help women become more involved in agricultural activities in order to combat hunger and food insecurity in communities.