GS-2:Structure, Organization and Functioning of the Executive and the Judiciary

In News:The under-representation of women in the judiciary

1.The underrepresentation of women in the Indian judiciary is a persistent issue. Critically analyse the factors hindering the representation of women in the Indian judiciary. Discuss the policy interventions required to address these challenges and ensure gender parity in the judicial system.

The Supreme Court of India’s “State of the Judiciary” report for 2023 indicates that women comprise only 13.4% of High Court judges and 9.3% of Supreme Court judges as of January 2024. This glaring underrepresentation highlights the urgent need for systemic reforms.

Factors hindering the representation of women in the Indian judiciary:
Women face numerous barriers that hinder their career progression within the judiciary:

1. Entry Barriers: Judicial Service Rules often require a minimum period of continuous practice for elevation to the Bench, which can be particularly challenging for women who balance family responsibilities without adequate maternity benefits or stipends.
2. Unsupportive Work Environment: Women who do enter the judiciary often face a discouraging atmosphere that does not accommodate their specific needs. The lack of mentorship and supportive networks further exacerbates this issue.
3. Harsh Transfer Policies: Transfer policies tend to be rigid and demanding, failing to consider women’s dual roles as professionals and primary caretakers. This creates a reverse funnel effect, reducing the pool of eligible women for higher positions.
4. Inadequate Infrastructure: Basic infrastructural deficiencies, such as the absence of dedicated washrooms for women in many courts, hinder women’s ability to perform their duties comfortably. A survey indicated that nearly 100 district courts lack such facilities, which is indicative of a broader neglect of women’s needs in judicial spaces.
5. Gender Bias: Justice Hima Kohli has pointed out unconscious gender biases that result in women being sidelined in administrative roles. The lack of female representation in key committees leads to infrastructure decisions that do not adequately consider women’s requirements

Policy Interventions Required
1.Comprehensive Recruitment Strategies
● Revising Judicial Service Rules: States should consider modifying rules that impose strict continuous practice requirements, allowing for flexibility that accommodates women’s family responsibilities.
● Targeted Recruitment Campaigns: Implement initiatives aimed specifically at attracting women candidates for judicial positions, especially at higher levels.
2.Supportive Work Environment
● Mentorship Programs: Establish mentorship initiatives that connect aspiring female judges with experienced professionals who can provide guidance and support.
● Gender Sensitization Training: Implement training programs to address unconscious biases within the judiciary, fostering a more inclusive environment.
3.Infrastructure Improvements
● Basic Amenities: Courts must prioritize the construction of adequate facilities for women, including dedicated washrooms and family-friendly amenities such as crèches.
● Inclusive Design Committees: Ensure that women are represented in all High Court Building Committees to advocate for infrastructure that meets their specific needs.
4.Policy Frameworks
● Female Gaze in Policy Making: Adopt a feminist lens in policy formulation to recognize and prioritise women’s unique needs within the judicial system. This includes ensuring that women’s voices are included in decision-making processes at all levels.
● Monitoring and Accountability: Establish mechanisms to monitor gender representation within the judiciary regularly and hold institutions accountable for progress toward gender parity.

Addressing the underrepresentation of women in the Indian judiciary requires a multifaceted approach.These interventions are crucial not only for achieving gender parity but also for enhancing the overall effectiveness and fairness of the judiciary.

PYQ

1. Discuss the desirability of greater representation to women in the higher judiciary to ensure diversity, equity and inclusiveness. 2021

Source:

https://www.thehindu.com/opinion/lead/the-under-representation-of-women-in-the-judiciary/article68807637.ece#:~:text=As%20of%20January%202024%2C%20only,the%20Supreme%20Court%20are%20women.