Gender Representation in the Supreme Court of India

Despite the recent vacancies in the Supreme Court of India following Justice Sudhanshu Dhulia's retirement, opportunities to correct gender imbalance were missed. Presently, Justice B.V. Nagarathna is the only woman among 34 judges, emphasizing an acute gender disparity.

Historical Context

• Since 1950, only 11 women have been appointed to the Supreme Court, comprising a mere 3.8% of the total 287 judges.
• Key figures include: 
  • Justice Fathima Beevi (1989-1992)
  • Justice Sujata V. Manohar (1994-1999)
  • Justice Ruma Pal (2000-2006)
  • Justice Indu Malhotra (2018-2021)
  • Justice B.V. Nagarathna (2021-2027)

Current Challenges

• Short tenure for women judges compared to their male counterparts.
• Delayed age of appointment limits opportunities for women to assume senior positions.
• Lack of gender institutionalization in appointment criteria, unlike caste, religion, and regional representation.

Collegium and Appointment Procedures

• The appointment process lacks transparency and public criteria.
• The Collegium, comprising the CJI and four senior judges, recommends appointments without clear gender consideration.
• The need for institutionalized policies on gender representation is highlighted.

Impact of Women Judges

• Women judges bring unique perspectives due to their diverse experiences.
• Increased women representation can enhance public trust in the judiciary.
• Gender diversity is essential for a judiciary reflective of the society it serves.

The article stresses the importance of gender diversity in the Supreme Court for achieving true justice and representation. It calls for deliberate institutional changes to ensure that gender becomes a mandatory consideration in judicial appointments, aligning with the principles of gender equality advocated by the judiciary.