Q.Discuss the desirability of greater representation to women in the higher judiciary to ensure diversity, equity and inclusiveness.

graph TD
C["Challenges to Women's Judiciary Representation"] --> M["Male-Dominated Profession"]
C --> L["Limited Role Models"]
C --> S["Lack of Support"]
C --> W["Work-Life Balance"]
C --> B["Bias in Appointments"]

Body

Significance of Women's Representation:

• Diverse Perspectives: A gender-diverse bench brings vital viewpoints to gender-sensitive cases like domestic violence, sexual harassment, and property rights. Example: The Vishaka (1997) ruling, which shaped workplace harassment laws, highlighted the importance of a female perspective.

• Promoting Equity: Women judges help break gender stereotypes in legal reasoning and foster gender-sensitive jurisprudence.

• Strengthening Public Trust: A representative judiciary reflects the social fabric of the nation, enhancing public confidence in the legal system.

Challenges to Women's Representation:

• Low Appointment Rates: Women constitute only about 12% of High Court judges and less than 5% of Supreme Court judges. The collegium system lacks formal gender-diversity criteria.

• Systemic Bias: Women lawyers face institutional barriers, lack of mentorship, and male-dominated networks in bar associations.

• Work-Life Balance: Long working hours and frequent relocations disproportionately affect women due to societal expectations.

• Lack of Gender-Sensitive Policies: Inadequate maternity benefits and childcare facilities in courts hinder career progression.

Global and Indian Efforts:

• Global: In the US, judges like Justice Ruth Bader Ginsburg played pivotal roles in gender-equity jurisprudence. The UK has also seen a steady rise in female judges.

• India: In 2021, three women judges were appointed to the SC, including Justice B.V. Nagarathna, who is set to become the first female CJI in 2027.