Discuss the desirability of greater representation to women in the higher judiciary to ensure diversity, equity and inclusiveness.
Discuss the desirability of greater representation to women in the higher judiciary to ensure diversity, equity and inclusiveness.
Subject: Indian Polity
The underrepresentation of women in India's higher judiciary, with only 9.3% women judges in the Supreme Court and 14% in High Courts as of 2025, highlights the pressing need for greater gender diversity in the judicial system. This disparity raises important questions about equitable representation and inclusive justice delivery.
Arguments for Greater Women Representation
1. Enhanced Quality of Justice Delivery
- Women judges bring diverse perspectives and lived experiences, leading to more comprehensive judicial decision-making.
- Studies (2011-2025) show correlation between women judges and improved outcomes in domestic violence cases and gender-related matters.
- Better understanding and sensitivity towards gender-specific issues in cases related to sexual harassment, family disputes, and personal laws.
2. Constitutional Principles and Democratic Values
- Aligns with constitutional principles of equality (Article 14) and non-discrimination (Article 15).
- Promotes gender justice and strengthens democratic institutions through diverse representation.
- Enhances public trust and confidence in the judiciary through inclusive representation.
3. Role Model Effect and Systemic Change
- Inspires more women to pursue legal careers and aspire for judicial positions.
- Helps break traditional stereotypes and gender barriers in the legal profession.
- Creates a more conducive environment for addressing gender bias in the justice system.
Challenges and Way Forward
1. Structural Barriers
- Limited pool of women in senior positions eligible for higher judiciary appointments.
- Need for reform in the Collegium System to ensure gender-sensitive selection criteria.
- Address work-life balance issues and infrastructure needs of women in judiciary.
2. Policy Interventions
- Learn from international best practices like Jordan's 15% minimum quota for female judicial candidates.
- Implement targeted mentorship programs and special training for women lawyers.
- Create enabling infrastructure and support systems for women in legal profession.
The journey towards greater gender representation in India's higher judiciary requires sustained efforts and systemic reforms. Following the success models of countries like Jordan and implementing targeted interventions can help achieve a more diverse, equitable, and inclusive judicial system that better serves justice for all sections of society.
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