PATRIARCHY PROBLEM IN THE JUDICIARY
1. Context
Justice Fathima Beevi, the first Indian woman to become a Supreme Court judge, died on Thursday at the age of 96 in Kollam, Kerala. With her appointment to the SC in 1989, Justice Beevi became the first Muslim woman judge of the Supreme Court, as well as the first woman Supreme Court Justice in Asia.
2. Representation of women in the Supreme Court of India
- The representation of women in the Supreme Court of India has been historically limited. Since 1989, only 10 women have risen to the esteemed bench. Presently, among the 33 justices, merely three are women: Justices Hima Kohli, Bela Trivedi, and BV Nagarathna. While Justice Nagarathna is set to become the first female Chief Justice of India on September 25th, 2027, her tenure will last only 36 days.
- The year 2021 witnessed a notable milestone when Justices Kohli, Nagarathna, and Trivedi were appointed to the Supreme Court simultaneously. This marked the first instance of three women being appointed together and resulted in a record-breaking moment with four female justices concurrently serving, the highest number to date. Notably, the history of India’s apex court includes only eight other female judges: Justices Sujata Manohar, Ruma Pal, Gyan Sudha Misra, Ranjana Desai, R. Banumathi, Indu Malhotra, Indira Banerjee, and Fathima Beevi.
- Among the 268 judges in the Supreme Court's history, a mere 11 have been women. This means that only 4.1% of all Supreme Court justices have been women, highlighting a significant gender disparity in the institution, with the remaining 96% being men.
- Out of a total of 268 Supreme Court judges throughout history, a mere 11 have been women. This translates to a representation of only 4.1% of all Supreme Court justices being women, while the remaining 96% have been men.
3. Representation of Women in the High Court
- The representation of women in the High Courts of India has shown a gradual but limited increase over time. While there's been progress, gender parity remains a challenge.
- In recent years, there has been a growing number of women appointed as judges in various High Courts across India. However, the representation is still not proportional to the overall population. Each High Court has seen varying degrees of female representation among its judges.
- Efforts have been made to encourage more women to join the judiciary, but there is still a considerable gap in the ratio of male to female judges in the High Courts. The exact numbers may vary among different High Courts, but the overall trend indicates a need for more significant strides toward gender balance and increased representation of women in the Indian judiciary
- At present, India comprises 25 high courts with a sanctioned capacity for 1,114 judges. However, as per the Department of Justice’s website, only 782 judges are presently serving, leaving 332 judicial positions vacant. Among these, a mere 107 judges, accounting for 13% of all high court judges, are female.
- None of the 25 high courts in the country currently have a female chief justice, except for the Gujarat High Court, where Justice Sunita Agarwal was appointed in July due to the absence of any female chief justices across the nation.
- Regarding representation of marginalized sections among high court judges, Union law minister Arjun Ram Meghwal responded to Lok Sabha MP Asaduddin Owaisi in July, stating that appointments to the higher judiciary, guided by Articles 124, 217, and 224 of the Constitution, do not include provisions for reservation based on caste or class
4. Situation in the Lower Courts
- The lower judiciary in India faces a mix of challenges and improvements. Historically, the lower judiciary has encountered issues such as prolonged vacancies in judicial positions, heavy caseloads leading to delays in justice delivery, and at times, issues related to infrastructure and resources.
- Efforts have been made to address these challenges. Various state public service commissions conduct exams to recruit judges at the lower levels. However, vacancies often persist due to the lengthy process of recruitment, which includes examinations, interviews, and appointments.
- Additionally, there have been initiatives to enhance infrastructure, provide training to judicial officers, and streamline procedures to reduce the backlog of cases. Specialized courts, such as family courts, commercial courts, and fast-track courts, have also been established to expedite the resolution of specific types of cases.
- There's recognition of the need to strengthen the lower judiciary further to ensure efficient and timely justice delivery at the grassroots level. Efforts to fill vacancies promptly, provide adequate resources and training, and streamline processes continue to be key focus areas to improve the state of the lower judiciary in India.
- In a study conducted by Vidhi in 2018 regarding women's representation in the lower judiciary, it was observed that between March and July 2017, there were 15,806 judges in this tier.
- The findings highlighted that only in three of the smallest states—Goa, Meghalaya, and Sikkim—where a total of 103 judges served, did the percentage of women judges surpass 60%. With the exception of Telangana and Puducherry, in all other states, irrespective of geographical location, cultural differences, or other factors, the proportion of women judges remained below 40%.
- While there's no formal reservation for women in the higher judiciary, several states, including Andhra Pradesh, Assam, Bihar, Chhattisgarh, Jharkhand, Karnataka, Odisha, Rajasthan, Tamil Nadu, Telangana, and Uttarakhand, have established quotas ranging from 30% to 35% of total seats for direct appointment.
- A more recent study, the India Justice Report (IJR) 2022, highlighted that merely 13% of High Court judges and 35% of Subordinate Court judges are women. At the district court level, Goa exhibited the highest percentage, with 70% of women judges, followed closely by Meghalaya (62.7%), Telangana (52.8%), and Sikkim (52.4%), as per the report's findings
5. Reasons for less women representation in the Judiciary
The lack of Indian women's representation in the judiciary in India can be attributed to various factors:
- Traditionally, women have faced societal barriers in pursuing careers in law and judiciary. Social norms, stereotypes, and cultural expectations often discourage or limit women's participation in professions such as law and judiciary.
- Limited access to quality legal education and fewer women opting for law as a career contribute to the scarcity of female candidates entering the legal profession.
- Despite efforts to promote diversity, the recruitment and selection processes might not be sufficiently accommodating or actively encouraging of women candidates. There might be biases or systemic hurdles that unintentionally hinder the appointment of women in judicial roles.
- The demanding nature of judicial roles, especially at higher levels, might pose challenges for women in maintaining a work-life balance, impacting their career progression.
- Societal expectations of women fulfilling domestic roles alongside professional responsibilities can dissuade many from pursuing and sustaining careers in the judiciary, which often demands long hours and commitment.
- While some states have initiated quotas for women in the lower judiciary, such policies are not uniform across all levels or regions, contributing to unequal representation.
- The scarcity of visible female role models in the judiciary might also deter women from envisioning themselves in such positions and limit their aspirations.
- Additionally, elements such as instances of sexual harassment, clients' reluctance to entrust significant cases to women advocates, and inadequate supportive infrastructure, encompassing facilities like restrooms and provisions for maternity leave, all contribute to the higher attrition rates experienced by women in both the judiciary and legal practice.
- Comparatively, the lower judiciary exhibits a lower attrition rate in contrast to the High Court and Supreme Court.
- This disparity might stem from the fact that entry into the lower judiciary occurs through an examination, while appointments to the High Court and Supreme Court are made via a collegium system, which operates through informal means of candidate selection.
- During an April 2021 hearing concerning an intervention plea by the Supreme Court Women Lawyers Association in the case 'M/s PLR Projects Pvt Ltd v Mahanadi Coalfields Ltd,' addressing the issue of unoccupied positions of High Court judges, former Chief Justice SA Bobde emphasized that appointments are not solely an institutional concern but hinge on identifying the right female candidate.
6. Way forward
Addressing this issue requires an approach involving changes in societal perceptions, enhanced access to legal education, supportive recruitment policies, mentorship programs, and initiatives that enable better work-life balance. Efforts to promote inclusivity and diversity within the legal system are essential to encourage and support more women to join and thrive in the judiciary
Source: Indianexpress
