Days 03

90 Days Programme
(UPSC MAINS 2023)
3. Discuss the desirability of greater representation to women in the higher judiciary to ensure diversity, equity and
inclusiveness.
Ans. The apathy of the situation reflects in the fact that in India there has never been a woman Chief Justice of India.
Data regarding women in Judiciary
 Currently Supreme Court has 12% women judges
 The picture in High Court is further miniscule as it is just 11% women jusges.
 Only 2% elected representatives in the State Bar Councils are women and no woman member in the Bar Council of India
 Women in lower judiciary have more representation due to open entrance examinations.
Reasons for low women representation in Judiciary
 Patriarchal mind-sets - preference for male lawyers by the clients
 Gender identified roles - historically justice has been delivered by men of the society.
 Lack of infrastructure -according to a survey, out of 6,000 trial courts nearly 22% have no toilets for women.
 Social attitudes, crowded courtrooms and uncomfortable environment within courtrooms have deterred women from entering
this profession.
 No reservation -for women at all levels of Judiciary, further curbs women's interest into choosing legal professions.
Need for greater representation
 Upholding Constitutional values - presence of women judges signals equality of opportunity for women in the legal
profession and an appointments process that is fair, non-discriminatory and based on merit (Article 14,15), freedom of
occupation under Article 19 and social justice.
 Diversity of perspectives - women in judiciary will result in more balanced approach to certain cases like those of sexual
violence. It will instil greater public trust in the judiciary.
 Increases Equity- giving them greater say in the decision will help in empowering women, improving the status of women
in the society and remove gender stereotypes. Unless women are empowered, justice cannot be done to them.
 Increase inclusivity - lack of women in the courts lead to questions of the courts' legitimacy as representatives of the
societies they serve. Hence more women in judiciary will enhance inclusivity.
Way forward
 The CJI Ramana suggested for a separate entity - National Judicial Infrastructure Corporation - to introduce inclusive
designs for court complexes and create a more welcoming environment in them.
 Need for a transparent judicial appointment aiming at greater involvement of women at all levels.
 Bring institutional changes, social and behavioural changes among citizens by sensitising and giving emphasis on inclusivity.
 Britain has created an Advisory Panel on Judicial Diversity to investigate the barriers to women and in the judiciary and
propose suitable remedies. Similarly, India can make such panel and seek for recommendations.
Karl Marx has said 'Women of the world, Unite! You have nothing to lose but your chains.'
Notes
 NJAC (99th Constitutional Amendment) - inserted Article 124A in the constitution
o National Judicial Appointment commission was established by the government of India.
o A body responsible for the appointment and transfer of judges to the higher judiciary in India and it would replace the
collegium system.
o However, SC struck down the amendment by citing that it violates basic structure.