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

Introduction

Women's representation in the higher judiciary (Supreme Court and High Courts) remains critically low despite their growing numbers in the legal profession. To date, very few women have served as Supreme Court judges, and India has never had a female Chief Justice. Enhancing gender representation is crucial for ensuring diversity, equity, and inclusiveness in the judicial system.

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.

Conclusion

Achieving gender balance in the higher judiciary requires active mentorship, transparent and inclusive appointment criteria in the collegium system, and structural reforms to support women professionals.