Lack of women in the judiciary

Source: The post lack of women in the judiciary has been created, based on the article “The under-representation of women in the judiciary” published in “The Hindu” on 29th October 2024

UPSC Syllabus Topic: GS Paper 2- judiciary And GS1-Society-Role of women and women’s organization.

Context: The article discusses the lack of women in the judiciary, highlighting issues in entry and retention. It emphasizes the need for supportive policies, infrastructure, and gender-sensitive practices. Greater representation and understanding of women’s specific needs are essential for their advancement in the legal profession.

For detailed information on Women’s Representation in Judiciary read this article here

What is the current state of women’s representation in the judiciary?

1. Women’s representation in the judiciary is low, especially in higher roles.
2. In district judiciary, women make up 36.3%, with 14 states having over 50% female recruits as junior judges.
3. However, only 13.4% of High Court judges and 9.3% of Supreme Court judges are women (as of January 2024).
4. States like Bihar, Chhattisgarh, and Jharkhand have either no women judges or only one.

5.In the Bar, just 15.31% of enrolled advocates are women, with few reaching senior roles.

What policy gaps hinder women’s progress in the judiciary?

1. Entry Barriers: Judicial Service Rules in several states require continuous practice for bench elevation, challenging for women balancing family roles without maternity benefits or stipends.
2. Restrictive Transfer Policies: Transfer rules often disregard women’s responsibilities as primary caretakers, limiting career growth.
3. Infrastructural Deficits: Many courts lack women-specific amenities. For instance, about 100 district courts have no dedicated washrooms for women, and facilities like crèches are limited, such as Delhi High Court’s crèche serving only children under six.
4. Underrepresentation in Administrative Roles: Few High Court committees, critical for infrastructure decisions, include women, limiting gender-sensitive policymaking.

For detailed information on Women in India’s justice system read this article here

What should be done?

1. A female-centric perspective would prioritize women’s needs and promote support systems.
2. Recognizing women’s experiences would help create gender-sensitive policies and infrastructure, fulfilling the judiciary’s promise of inclusivity and empowerment for women.

Question for practice:

Examine how existing policy gaps and infrastructural deficits hinder women’s progress and representation in the judiciary in India.