Closing the Gender Gap in India Higher Judiciary

Closing the Gender Gap in India Higher Judiciary

Why in News?

As India celebrates International Women’s Day and 75 years of the Supreme Court, there is a growing call for gender equality in the country’s higher judiciary. Despite significant progress for women in the legal profession over the past century, glaring gender disparities persist, especially in appointments to the higher judiciary.

Introduction

Women have made great strides in India’s legal profession over the last 100 years. From Cornelia Sorabji, India’s first woman lawyer in 1924, to several women being designated Senior Advocates and judges in the lower judiciary, the presence of women in law has increased. However, representation in the higher judiciary—India’s High Courts and Supreme Court—remains alarmingly low, signaling a systemic exclusion of women from positions of legal power and influence.

Key Features of Gender Disparity in the Higher Judiciary

1. Inequality at the Top

   • Women account for only 14.27% (109 out of 764) of judges in India’s High Courts.
   • Eight High Courts have no woman judge at all.
   • Only one High Court (Gujarat) has a woman Chief Justice.
   • The Allahabad High Court, India’s largest with 79 judges, has only three women judges (2%).
   • Women judges in the High Courts are disproportionately fewer compared to men, despite there being many women lawyers.

2. Collegium System Challenges

   • The collegium system for judicial appointments is opaque and lacks transparency.
   • No clear criteria exist regarding eligibility, merit, or representation in collegium recommendations.
   • Women candidates recommended by the collegium often face rejection by the government. Since 2020, nine women’s names were recommended, but only five were appointed.
   • The lack of transparency and clarity has created an additional hurdle for women lawyers.

3. Systemic Bias and Deep-Rooted Inequality

   • Women lawyers face heightened scrutiny when considered for judgeships.
   • Women nominees are often perceived as compromising on merit or as token appointments.
   • There is an entrenched belief in the legal profession that women are inferior, which impedes their inclusion in the higher judiciary.

Specific Impacts or Effects

• Reduced Inclusivity and Representation
  The low number of women judges in High Courts and the Supreme Court reflects poorly on the inclusiveness of India’s judiciary.

• Compromised Legitimacy
  Without gender diversity, the moral and institutional legitimacy of the judiciary is undermined.

• Missed Opportunities for Broader Perspectives
  A lack of women on the Bench results in less diverse perspectives in judicial decision-making, affecting the quality of justice delivered.

Challenges and the Way Forward

Challenges:

• Deep-rooted biases against women in the legal profession.
• Opaque and non-transparent collegium processes.
• Government reluctance in confirming women judges recommended by the collegium.

Steps Forward:

• Frame transparent, merit-based criteria for judicial appointments that include clear diversity benchmarks.
• Create opportunities for women lawyers to express interest in judgeship positions.
• Ensure that at least one-third of High Court and Supreme Court judges are women, as a minimum target.
• Promote gender diversity not as a token gesture, but as a necessary element of an independent and impartial judiciary.

Conclusion

The underrepresentation of women in India’s higher judiciary highlights an urgent need for reform. Ensuring gender diversity is not just about fairness but about strengthening the judiciary’s credibility and public trust. As Justice Sujata Manohar rightly observed, true gender equality must become a stated objective in judicial appointments. Only then will women’s appointments to the Supreme Court and High Courts be normalized, reflecting a judiciary that truly represents the people it serves.