Under-Representation of Women in Judiciary

Context

The representation of women in the Indian judiciary has shown some improvement, yet significant challenges remain, particularly at higher levels.

Challenges Associated with Low Representation of Women in Judiciary

• Lack of Retention and Career Growth:
  • Low retention and career growth of women due to an unsupportive environment and family responsibilities.
  • Transfer policies are often harsh and demanding, especially for women with caregiving roles.
• Inadequate Infrastructure:
  • Basic facilities like dedicated washrooms are lacking. A 2019 Vidhi Centre for Legal Policy survey noted nearly 100 district courts without women’s washrooms.
  • Prominent courts, including High Courts, lack adequate sanitary facilities and family-friendly amenities, with only limited availability of crèches and feeding rooms.
• Under-Representation in Higher Judiciary and Bar:
  • Only 13.4% of High Court judges and 9.3% of Supreme Court judges are women.
  • In some states (Bihar, Chhattisgarh, Jharkhand, Manipur, Meghalaya, Odisha, Tripura, and Uttarakhand), there are either no or only one woman judge.
  • Around 15.31% of all enrolled advocates are women, with limited representation as senior advocates or Bar Council members, creating a “funnel effect.”
• Policy and Cultural Barriers:
  • Judicial Service Rules in many states require a minimum period of continuous practice, which poses challenges for women due to family and caregiving duties.
  • Women are often sidelined in administrative duties, with most High Court Building Committees not including any women judges.
• Gender Bias and Lack of Inclusive Policies:
  • Existing policies fail to consider women’s needs due to unconscious gender biases and lack of representation in decision-making bodies.
  • Gender-sensitization training is often absent, making it difficult to address biases that women face daily.

Recommendations to Address Low Representation

• Apply a Female-Centric Gaze in Policy Design:
  • Policies should recognize the specific needs of women and address unintended discriminatory impacts.
  • Ensuring a feminist approach to create an inclusive, supportive environment in the judiciary.
• Improve Infrastructure and Amenities:
  • Courts need to provide dedicated women’s washrooms, family-friendly facilities like crèches, and hygienic waste disposal systems.
  • Increase family-friendly policies to support women with caregiving responsibilities.
• Gender-Sensitive Recruitment and Retention Policies:
  • Adjust the Judicial Service Rules to account for maternity breaks or caregiving responsibilities to ensure fair recruitment.
  • Revise transfer policies to allow for sensitivity towards women’s familial roles.
• Increase Representation in Decision-Making Bodies:
  • Include women in High Court Building Committees, Registries, and judicial academies to bring women’s perspectives to policy-making.
  • Encourage a higher number of women representatives in Bar Councils to promote inclusive policies.
• Expand Training and Gender-Sensitization Programs:
  • Ensure that both male and female members of the judiciary undergo gender-sensitization training to understand unconscious biases.
  • Build awareness and support systems within the judiciary to improve women’s work environments.

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