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The under-representation of women in the judiciary
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Context
The under-representation of women in the Indian judiciary has gained attention following the release of the Supreme Court's "State of the Judiciary" report (2023), revealing that while there is progress at entry-level positions, women remain significantly underrepresented at higher judicial levels, highlighting systemic barriers affecting their career advancement.
Current Representation
- Under-Representation at Higher Levels: Despite 36.3% women in the district judiciary, only 13.4% of High Court judges and 9.3% of Supreme Court judges are women as of January 2024. Some states have no women judges at all, exacerbating gender disparity in the judiciary.
- The pipeline from lower to higher judicial roles is narrow, indicating systemic barriers to promotion.
Policy Gaps and Challenges
- Barriers to Entry and Retention: The lack of maternity benefits and the need for continuous practice make it challenging for women to advance in their judicial careers. Harsh transfer policies further complicate career growth for women, who often juggle family responsibilities.
- Additionally, inadequate infrastructural support, such as insufficient restroom facilities, hampers women's participation in courts.
Need for Female-Centric Policies
- Adopting a Feminist Lens: Incorporating a female perspective in judicial policy-making can address the unique challenges faced by women in the judiciary.
- Greater representation in decision-making bodies is crucial to ensure that women's needs are recognized and prioritized.
- Effective measures must include gender-sensitive recruitment policies and the provision of supportive amenities in court environments.
Practice Question
Q. Discuss the implications of the under-representation of women in the Indian judiciary and evaluate how adopting a female-centric approach in policy-making can enhance women's participation and retention in this system.
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