{"id":102198,"date":"2021-04-17T19:42:48","date_gmt":"2021-04-17T14:12:48","guid":{"rendered":"https:\/\/blog.forumias.com\/?p=102198"},"modified":"2021-04-17T20:33:50","modified_gmt":"2021-04-17T15:03:50","slug":"issue-of-gender-gap-in-judiciary-explained-pointwise","status":"publish","type":"post","link":"https:\/\/forumias.com\/blog\/issue-of-gender-gap-in-judiciary-explained-pointwise\/","title":{"rendered":"Issue of Gender Gap in Judiciary &#8211; Explained, Pointwise"},"content":{"rendered":"\n<h5><b>Introduction<\/b><\/h5>\n<p><span style=\"font-weight: 400;\">The issue of a gender gap in the <a href=\"https:\/\/forumias.com\/blog\/polity\/judiciary\/\">judiciary<\/a> is in the spotlight after a plea filed by the Supreme Court Women Lawyers Association in Supreme Court (SC). The plea advocated for increasing women participation in the judicial set up in order to <a href=\"https:\/\/forumias.com\/blog\/lack-of-gender-sensitivity-in-the-court-judgments\/\">augment gender justice<\/a>.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">The participation of women in the judiciary so far has remained minuscule, especially at higher levels. Therefore, an attitudinal change, along with a strong will to attain gender equality is needed amongst the male judges, in order to curb the gender gap in the judiciary.\u00a0\u00a0<\/span><\/p>\n<h5><b>Current Gender Gap in Judiciary<\/b><\/h5>\n<ul>\n<li style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">Almost 70 years have passed since the independence, but, the Supreme Court could witness<strong> the appointment of only 8 women judges so far.<\/strong><\/span>\n<ol>\n<li style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">Justice Fathima Beevi became the first <a href=\"https:\/\/forumias.com\/blog\/in-a-first-collegium-picks-women-lawyer-as-a-judge\/\">woman to be appointed as SC judge<\/a> in 1989.\u00a0<\/span><\/li>\n<li style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">After this, there are only 7 more appointments to date. The last ones being <a href=\"https:\/\/forumias.com\/blog\/ministry-clears-indu-malhotra-as-sc-judge\/\">Justices Indu Malhotra<\/a>\u00a0and Indira Banerjee in 2018.<\/span><\/li>\n<li style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">Currently, one woman judge is present in the SC.<\/span><\/li>\n<li>So far, No women Judge has held the position of the <a href=\"https:\/\/forumias.com\/blog\/justice-n-v-ramana-recommended-as-48th-cji-chief-justice-of-india\/\">Chief Justice of India<\/a>.<\/li>\n<\/ol>\n<\/li>\n<li style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">In 25 <a href=\"https:\/\/forumias.com\/blog\/polity\/judiciary\/#_High_Court_and_Subordinates_Courts\">High Courts<\/a>, only 81 women judges are present out of 1078. This portrays the glaring inequalities in the judicial setup.<\/span><\/li>\n<li style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">Similarly, women represent 48 per cent of our population, but they constitute only 28 per cent of district court judges<\/span><\/li>\n<\/ul>\n<h5><b>Why is such a Gender Gap is prevalent?<\/b><\/h5>\n<p><span style=\"font-weight: 400;\">Both the government and <a href=\"https:\/\/forumias.com\/blog\/the-collegium-system-explained-pointwise\/\">collegium system<\/a> is responsible for such dismal performance.<\/span><\/p>\n<ul>\n<li style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">The government appointed <strong>only one woman judge till 1989,<\/strong> while hundreds of males got appointed to SC.<\/span><\/li>\n<li style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">After 1993, the <a href=\"https:\/\/forumias.com\/blog\/collegium-system\/\">collegium<\/a> became the ultimate authority to recommend names to SC. But this group also missed the opportunity to recommend more women judges. So far only 7 women judges have been appointed to the SC based on the recommendation of the Collegium.\u00a0<\/span><\/li>\n<\/ul>\n<div class=\"content-box-green\">\n<h6><b>Important Article and cases<\/b><\/h6>\n<ul>\n<li style=\"font-weight: 400;\"><b>Article 124(2)<\/b><span style=\"font-weight: 400;\"> of the Indian Constitution provides that the Judges of the Supreme Court are appointed by the President. He\/she should consult such a number of the Judges of the Supreme Court and of the High Courts in the States as he\/she may deem necessary for the purpose.<\/span>\n<ul>\n<li style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">First Judges Case &#8211; In this case, the court held that the President is not bound by CJI\u2019s advice.<\/span><\/li>\n<li style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">From the Second Judges Case (1993) &#8211; the <\/span><b><a href=\"https:\/\/forumias.com\/blog\/collegium-system-isnt-foolproof\/\">Collegium system<\/a> <\/b><span style=\"font-weight: 400;\">evolved and start making appointments.<\/span><\/li>\n<\/ul>\n<\/li>\n<\/ul>\n<\/div>\n<h5>Need to bridge the gender gap in Judiciary<\/h5>\n<ol>\n<li style=\"font-weight: 400;\"><b>Principle of Reasonable representation<\/b><span style=\"font-weight: 400;\">: As per this, there has to be more women judges as they constitute almost 50% of the Indian population, but are highly underrepresented in the judiciary.\u00a0<\/span><\/li>\n<li style=\"font-weight: 400;\"><b>The credibility of Judgements: <\/b><span style=\"font-weight: 400;\">The judiciary is the protector of fundamental rights. Further, it gives various judgements for enhancing<\/span><b> inclusive participation and equality <\/b><span style=\"font-weight: 400;\">in society. If the institution itself lacks these principles, then the worth of its judgements\/ advisories\/ directives will get diminished.<\/span><\/li>\n<li style=\"font-weight: 400;\"><b>Public Confidence: <\/b><span style=\"font-weight: 400;\">More women will bring diversified perspectives that would improve fairness in decision-making. This will automatically strengthen the public&#8217;s confidence in the judicial setup.<\/span><\/li>\n<li style=\"font-weight: 400;\"><b>International Obligations<\/b><span style=\"font-weight: 400;\">: Sustainable Development Goal 5 of UN calls for attaining gender equality. Greater participation of women in the judiciary will act as a prudent step in this direction.<\/span><\/li>\n<li style=\"font-weight: 400;\">\n<h6 class=\"post_title\">Lack of Gender sensitivity in the Court Judgements:<\/h6>\n<ol style=\"list-style-type: lower-alpha;\">\n<li>There are cases in which marital rape was not acknowledged as a crime. Few For example,\n<ul>\n<li>SC recently granted bail to a government servant who is accused of repeated rape and torture of a 16-year-old child.<\/li>\n<li>During this hearing, CJI questioned that \u201cWhen two people are living as husband and wife, however brutal the husband is, can the act of intercourse between them be called rape?\u201d<\/li>\n<\/ul>\n<\/li>\n<li>There are also instances when the court <strong>upheld the superiority of society\u2019s attitude<\/strong> toward women against the rights of Women.\n<ul>\n<li>For example, <strong>In Narendra vs K. Meena (2016),<\/strong> the SC said that under Hindu traditions, a wife after marriage is supposed to fully integrate herself with her husband\u2019s family. Further, the court held that the <strong>refusal of women to live with in-laws<\/strong> amounts to cruelty. Therefore, the <strong>husband<\/strong> is <strong>entitled to divorce her<\/strong> under the Hindu Marriage Act.<\/li>\n<\/ul>\n<\/li>\n<li>Apart from that, there are other instances as well when women protection laws are diluted without considering the sensitivity of the issue. Such as the intervention of the court against the right of a woman to marry according to her will. For example,\n<ul>\n<li>The <strong>infamous Hadiya (2017) case:<\/strong>\u00a0The woman\u2019s father accused her that she was forcefully converted to Islam. Though, Hadia had denied it repeatedly. But, the court ordered an investigation by the National Investigation Agency for looking into the matter of marriage of two adults.<\/li>\n<\/ul>\n<\/li>\n<\/ol>\n<\/li>\n<\/ol>\n<h5><b>Challenges in bridging the gender gap in the judiciary<\/b><\/h5>\n<p>There are some hurdles to bridge the gender gap in the judiciary.<\/p>\n<ol>\n<li style=\"font-weight: 400;\"><b>Seniority Principle:<\/b><span style=\"font-weight: 400;\"> This principle is followed in case of appointments to the higher judiciary. However, strict adherence to this also discourages more women appointments.<\/span><\/li>\n<li style=\"font-weight: 400;\"><b>Insensitive Attitude:<\/b><span style=\"font-weight: 400;\"> Many judges feel that there are fewer women judges, and they also lack the desired qualities of Judges.<\/span><\/li>\n<li style=\"font-weight: 400;\"><b>Neglect of Academic Community: <\/b><span style=\"font-weight: 400;\">The collegium or government <strong>doesn&#8217;t appoint any distinguished jurist (like a law professor) to the supreme court<\/strong>.\u00a0<\/span><\/li>\n<li><span style=\"font-weight: 400;\"><strong> Liberal stance of Collegium might impact the quality of Justice: <\/strong>Providing reservations for women might impact the quality of Justice as there might be a chance where a woman Judge is get appointed only to fill the reservation.\u00a0 \u00a0<\/span><\/li>\n<\/ol>\n<h5><b>Suggestions to improve Gender Gap in Judiciary<\/b><\/h5>\n<ul>\n<li style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">The<\/span> willpower towards women empowerment<span style=\"font-weight: 400;\"> needs to be enhanced in the judicial branch<strong> through sensitization workshops and gender-sensitive training<\/strong>.<\/span>\n<ul>\n<li style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">They must realize that women take a longer path to success that is often interrupted by childbirth and childcare.<\/span><\/li>\n<\/ul>\n<\/li>\n<li style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">The government and Judiciary can provide relaxation <\/span><b>to the seniority principle. <\/b>This will <span style=\"font-weight: 400;\">ensure gender balance on the bench of the top court.<\/span><\/li>\n<li style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">The<\/span><b> collegium should diversify the appointment process <\/b><span style=\"font-weight: 400;\">in order to bridge the humongous gender gap. They can also recommend<\/span><b> a distinguished women jurist <\/b><span style=\"font-weight: 400;\">for appointment to SC as permitted by<\/span><b> Article 124 <\/b><span style=\"font-weight: 400;\">of the Indian Constitution. Such appointments can help in tackling the criteria of geographical representation in the supreme court, as many times there are no women judges in a particular geography.<\/span><\/li>\n<li><strong>Encouraging more women to take up the profession:\u00a0<\/strong>Both the government and the Bar Council of India has to take adequate steps to include more women to take up the Lawyer profession. This will improve the quality of women lawyers in the long run.<\/li>\n<li><strong>Creating a road map towards bridging the gender gap: <\/strong>SC has to take the\u00a0<span style=\"font-weight: 400;\">plea filed by Supreme Court Women Lawyers Association<\/span> as an opportunity. Utilising that, the SC has to<strong> create a vision document<\/strong> to <a href=\"https:\/\/forumias.com\/blog\/answereda-greater-participation-of-women-in-police-and-judiciary-would-help-to-reduce-the-violence-against-women-in-society-comment\/\">bridge the gender gap in Judiciary<\/a>.<\/li>\n<\/ul>\n<h5><b>Conclusion<\/b><\/h5>\n<p><span style=\"font-weight: 400;\">The collegium should now take a liberal stance towards women judges and must ensure at least 5-6 women judges are present in SC at least within a decade. This will not only ensure gender parity but will also give India its first female chief justice.\u00a0<\/span><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Introduction The issue of a gender gap in the judiciary is in the spotlight after a plea filed by the Supreme Court Women Lawyers Association in Supreme Court (SC). The plea advocated for increasing women participation in the judicial set up in order to augment gender justice. The participation of women in the judiciary so&hellip; <a class=\"more-link\" href=\"https:\/\/forumias.com\/blog\/issue-of-gender-gap-in-judiciary-explained-pointwise\/\">Continue reading <span class=\"screen-reader-text\">Issue of Gender Gap in Judiciary &#8211; Explained, Pointwise<\/span><\/a><\/p>\n","protected":false},"author":61,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"footnotes":""},"categories":[130,9],"tags":[1337,1396],"class_list":["post-102198","post","type-post","status-publish","format-standard","hentry","category-7-pm","category-public","tag-po_2","tag-soc_5","entry"],"jetpack_featured_media_url":"","views":"","jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/102198","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/users\/61"}],"replies":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/comments?post=102198"}],"version-history":[{"count":0,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/102198\/revisions"}],"wp:attachment":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/media?parent=102198"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/categories?post=102198"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/tags?post=102198"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}