Women in the Indian Judiciary
The progress of women in the legal field in India over the past century is significant, yet challenges remain, especially in higher judiciary positions.
Historical Context
- Cornelia Sorabji became the first woman lawyer in India in 1924.
- Since then, the number of women lawyers has increased, with many becoming Senior Advocates and judges in lower courts.
Current Status in High Courts
- Women constitute only 14.27% of the judges in High Courts (109 out of 764).
- Eight High Courts have only one woman judge, and some have none, like Uttarakhand, Meghalaya, and Tripura.
- The Allahabad High Court, the largest in India, has only 2% women judges.
- Women judges typically receive appointments later than men, affecting their seniority.
Supreme Court Representation
- Currently, only two women judges are in the Supreme Court, with impending retirements possibly reducing the number.
- Only one woman has been elevated directly from the Bar to the Supreme Court compared to nine men.
Challenges and Justifications
- Common reasons for the lack of women include fewer eligible candidates, lack of seniority, and women's disinterest in judgeship.
- The underlying issue is systemic inequality, where women face heightened scrutiny and merit requirements.
Collegium System and Government Confirmation
- The collegium system is criticized for being opaque and not transparent, often excluding women.
- Of the women recommended for High Courts since 2020, several were not confirmed by the government, highlighting gender bias.
Steps Towards Improvement
- Establish a transparent and clear criteria for judicial appointments, including diversity considerations.
- Aim for at least one-third representation of women in higher judiciary.
- Normalize women's appointments so that they are seen as standard rather than exceptional.
Conclusion
Ensuring gender equality in the judiciary is crucial for fair representation and legitimacy, fostering an inclusive legal system that reflects the diversity of society.