Ensuring greater representation of women in the higher judiciary is imperative for fostering diversity, equity, and inclusiveness. Women judges bring unique perspectives, enriching legal discourse. Such representation enhances societal trust, reflects gender balance, and contributes to a more comprehensive and representative judicial system.
UPSC Mains General Studies Paper – 2 Mains 2021
UPSC Mains Civil Services IAS Exam Question Paper – 2021
Approach
- Start with a brief intro of the gender gap in the higher judiciary with giving some latest data.
- Give Status of representation of Women in Higher Judiciary
- Discuss the desirability of greater representation of women in judiciary.
- Give some Suggestions to increase women’s participation in the higher judiciary.
- Conclusion accordingly.
Answer
Introduction
- Greater representation of women in the higher judiciary is crucial to ensure diversity, equity, and inclusiveness in the legal system. The desirability of such representation lies in the numerous benefits it brings.Recently, the Chief Justice of India (CJI) has advocated for achieving a 50% representation of women in the judiciary. These initiatives are crucial steps towards building a judiciary that reflects the diversity of society and ensures equal access to justice for all. They also serve as a powerful signal of progress towards gender equality in the legal field and society as a whole.
Body
Status of representation of Women in Higher Judiciary: The lack of female representation in the highest judicial office highlights the existing gender disparity in the Indian judiciary.some facts these are-
- Throughout its history since its establishment in 1950, the Chief Justice of India position has never been held by a woman. First female SC judge was appointed in 1989.
- Out of the 256 Supreme Court judges appointed in the past 71 years, only 11 (or 4.2%) have been women. This underrepresentation is a concerning indication of the barriers that women face in accessing top judicial positions.
- Out of the 25 High Courts, only one has had a woman Chief Justice, namely CJ Hima Kohli at the Telangana High Court.
- Additionally, out of the 661 High Court judges, a mere 73 (approximately 11.04%) are women. Shockingly, there are no women judges in the Manipur, Meghalaya, Patna, Tripura, and Uttarakhand High Courts, indicating a lack of diversity and inclusiveness in these institutions.
Desirability of greater representation to women in the higher judiciary
- Representation of women in the higher judiciary ensures that diversity of perspectives is fairly considered. By bringing diverse viewpoints to the table, the judiciary becomes more equipped to understand and address the complexities of such cases, leading to fairer outcomes.
- Increased representation of women in the judiciary instils greater public trust in the legal system. When the judiciary reflects the demographics of society, it sends a strong message that everyone’s voices and experiences matter.
- Improving women’s representation in the judiciary aligns with constitutional ideals of gender equality and social justice. It recognizes the intrinsic value of ensuring equal opportunities for women to participate in decision-making processes.
- Women’s increased presence in the higher judiciary can serve as a catalyst for challenging gender stereotypes and opening doors for their representation in other branches of government, such as the legislative and executive branches.
- The entry of women judges into spaces from which they had historically been excluded is a positive step toward creating a judiciary that is perceived as transparent, inclusive, and representative.
Suggestions to increase women’s participation in the higher judiciary:
- The legal profession faces challenges related to infrastructure, gender stereotypes, and societal attitudes that hinder women’s entry. For instance, a survey revealed that approximately 22% of nearly 6,000 trial courts lack women’s toilets, highlighting the pressing need for improved infrastructure to ensure gender equality.
- it is essential to make the process of judicial appointments more transparent, inclusive, and representative. The current Collegium system, where judges appoint judges, can be revised to involve participation from government and opposition representatives.
- Taking inspiration from countries like Britain, India can adopt better practices to promote women’s representation in the judiciary. For instance, establishing an Advisory Panel on Judicial Diversity, tasked with investigating barriers faced by women in the legal profession and proposing suitable remedies and recommendations, can be a proactive step.
Conclusion
- Hence, we can say that promoting greater representation of women in the higher judiciary is essential for creating a legal system that is truly diverse, equitable, and inclusive. It not only improves decision-making but also inspires future generations and strengthens public trust in the justice system.
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