The presence and status of women within the Indian courts and judiciary represent a complex intersection of progress and persistent challenges. Historically, the legal profession in India has been predominantly male, reflecting broader societal norms and biases. While significant strides have been made in recent decades to increase female representation in the judiciary, a more nuanced examination reveals that systemic barriers, gender biases, and inadequate representation continue to impede the full and equitable participation of women in this critical sector.

This comprehensive analysis aims to delve into the position of women in the Indian judiciary, exploring the historical context, current representation at various levels, the myriad challenges they encounter, notable examples of women who have broken barriers, key judicial decisions that have advanced women's rights, recent developments and reforms, and a proposed way forward to foster a more gender-equitable judiciary.

Historical Overview - A Gradual Ascent:
The legal profession in India, during the colonial era, was largely inaccessible to women. British legal traditions and societal norms of the time effectively excluded women from entering the field. This exclusion was not merely a matter of custom but was often codified in regulations and practices that barred women from legal education and practice.

One of the first, albeit symbolic, breakthroughs came in 1916 when Regina Guha enrolled as an advocate, marking a watershed moment in the history of women in the Indian legal profession. However, it took several decades for women to truly break into judicial positions. The entrenched patriarchy and resistance to change meant that progress was slow and incremental.

The appointment of Justice Fathima Beevi as the first female judge of the Supreme Court in 1989 was a landmark event of profound significance. It was a long-overdue recognition of the capabilities of women in law and signalled a shift, however gradual, in the judiciary's composition. The fact that it took 39 years after the establishment of the Supreme Court for a woman to be appointed underscores the deep-seated gender disparities that existed.

Since Justice Fathima Beevi's appointment, there has been a slow but steady increase in the number of female judges at various levels of the judiciary. This increase is a testament to the perseverance and dedication of women who have overcome numerous obstacles to pursue careers in law. Yet, despite this progress, women remain underrepresented at all levels of the Indian judicial system, highlighting the need for continued efforts to promote gender equality.

Representation of Women in the Judiciary - A Tiered Perspective:

To understand the current status of women in the Indian judiciary, it is essential to examine their representation at different levels, from the Supreme Court to the subordinate judiciary.
In January 2024, women held 13.4% of positions in India's High Courts and 9.3% in the Supreme Court. The representation in High Courts fluctuates across states, with an overall figure of 14% as of August 2024. Notably, the Punjab & Haryana and Madras High Courts lead in the number of female judges, followed by the Delhi High Court. While women constitute a significant 36.3% of judges in the district judiciary as of 2023 and over 50% of newly recruited civil judges (junior division) in 14 states, only two women have ever been part of the Supreme Court's Collegium.

Despite progress in the lower judiciary, women remain underrepresented in senior roles within the legal profession, such as senior advocates and Bar Council representatives. This disparity is fuelled by the historical male dominance in the legal field and an often-discouraging environment for women in the judiciary. Furthermore, the absence of adequate maternity benefits, minimum stipends, and childcare facilities poses significant challenges to women's career advancement in the legal sector.

The absence of women in the collegium means that their perspectives and experiences are often overlooked when evaluating potential candidates for judicial appointments. This can perpetuate gender biases and limit the pool of qualified women who are considered for higher positions.

Notable Women in the Indian Judiciary - Trailblazers and Pioneers

While women in the Indian judiciary have faced numerous challenges, several remarkable individuals have broken barriers and paved the way for future generations. These women have served as role models and inspirations, demonstrating the capabilities and potential of women in the legal profession.

• Justice Fathima Beevi: Justice Fathima Beevi became the first woman to be appointed to the Supreme Court of India in 1989. Her appointment was a watershed moment in Indian judicial history, shattering stereotypes and opening doors for other women to follow. Justice Beevi served with distinction and helped to promote a more inclusive and representative judiciary.
• Justice R. Banumathi: Justice R. Banumathi was the sixth woman judge of the Supreme Court and played a crucial role in several landmark cases, including the Nirbhaya gang rape case. Her expertise in criminal law and her commitment to justice made her a valuable asset to the Court.
• Justice B.V. Nagarathna: A champion of constitutional values, gender justice, and judicial independence, Supreme Court Justice B.V. Nagarathna has already made a significant impact on Indian law. Prior to her 2021 appointment to the Supreme Court, she served as a judge on the Karnataka High Court from 2008. Due to become India's first female Chief Justice in 2027, Justice Nagarathna's career is also notable as she is the daughter of former Chief Justice E.S. Venkataramiah. Her rise within the judiciary serves as an important milestone promoting increased female representation within the Indian legal system.
• Justice Indira Banerjee: Appointed to the Supreme Court in 2018, Justice Indira Banerjee has been a strong proponent of gender justice and has delivered judgments reinforcing women's rights. Her contributions to the Court have helped to advance the cause of gender equality in India.
• Justice Hima Kohli: Justice Hima Kohli, who served as the Chief Justice of the Telangana High Court, has been vocal about increasing female participation in the judiciary and has supported gender-sensitive policies. Her advocacy for women in the legal profession has helped to raise awareness of the challenges they face and to promote solutions to address these challenges.

Key Judicial Decisions Favouring Women - Landmarks in Gender Justice

The Indian judiciary has played a crucial role in advancing women's rights through several landmark decisions that have challenged discriminatory practices and upheld the principles of gender equality.

• Vishaka v. State of Rajasthan (1997): This landmark case led to the formulation of guidelines for preventing sexual harassment at workplaces, including courts and law firms. The Vishaka guidelines laid the foundation for the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, which provides a legal framework for addressing sexual harassment in the workplace.
• Mary Roy v. State of Kerala (1986): This judgment upheld the property rights of Syrian Christian women in Kerala, setting a precedent for gender equality in inheritance laws. The Mary Roy case challenged discriminatory practices that denied women equal rights to inherit property, helping to promote greater economic security for women.
• Shayara Bano v. Union of India (2017): In this case, the Supreme Court declared the practice of instant triple talaq (divorce) unconstitutional, strengthening Muslim women's rights. The Shayara Bano case was a significant victory for Muslim women, who had long suffered from the discriminatory practice of triple talaq. The Court's decision helped to promote gender equality and protect the rights of Muslim women in India.

• Supreme Court:
  • As of 2024, the Supreme Court of India, the highest judicial body in the country, has had only a handful of female judges since its inception.
  • While Justice Fathima Beevi's appointment was a pivotal moment, the number of women who have followed in her footsteps remains disappointingly low.
  • The limited representation of women affects the Court's perspective and decision-making.
  • A diverse bench with more women can bring broader experiences and lead to more nuanced and equitable judgments.
  • Despite recent appointments, the percentage of female judges remains significantly lower than male counterparts, highlighting systemic barriers and biases.
• High Courts:
  • Women constitute approximately 12-15% of all High Court judges.
  • Some High Courts, like the Delhi and Bombay High Courts, have relatively better female representation.
  • High Courts in conservative regions have significantly fewer female judges.
  • Diversity in High Courts is crucial for balanced adjudication of cases, especially those involving gender rights.
• Subordinate Judiciary:
  • The lower judiciary has comparatively better female representation, with some states having over 30% women judicial officers.
  • Progressive recruitment policies and reservations for women have improved representation.
  • Women in lower courts face challenges like limited promotion opportunities and assignment to less prestigious positions.
• Women Advocates:
  • Women advocates play a crucial role in the justice system but remain distinct from the judiciary.
  • Gender bias, workplace harassment, and societal norms hinder their career progression.
  • Pay disparities and limited access to significant cases persist.
  • Structural changes, mentorship programs, and policy adjustments are needed to ensure equality.
• Causes of Limited Number of Female Lawyers and Judges:
  • Patriarchal biases limit women's access to key legal roles.
  • The demanding work-life balance and family responsibilities pose challenges.
  • Opaque selection processes and discriminatory promotion practices hinder advancement.
  • A lack of gender-sensitive infrastructure and representation in bar councils further marginalizes women.
• Challenges Faced by Women in the Judiciary:
  • Glass Ceiling and Gender Bias:
    • Many competent women struggle to advance to higher judicial positions.
    • The opaque collegium system favors traditional male leadership.
    • Informal legal networks often exclude women, limiting mentorship and opportunities.
  • Workplace Harassment and Discrimination:
    • Women judges and lawyers face differential treatment in case allotments and promotions.
    • Harassment creates a hostile work environment, discouraging career progression.
  • Balancing Professional and Personal Responsibilities:
    • Women often bear primary caregiving responsibilities, making judicial roles challenging.
    • Insufficient maternity leave policies and support structures deter women from continuing in the profession.
  • Lack of Representation in the Collegium System:
    • Women remain underrepresented in the collegium, affecting judicial appointments.
    • The cycle of fewer recommendations for women perpetuates their underrepresentation in higher courts.
       

Recent Developments and Reforms: Progress in Motion

Efforts have been made in recent years to promote gender equality in the Indian judiciary through various initiatives and reforms.

• Reservation for Women in the Judiciary: Several states have introduced reservations for women in the lower judiciary. For example, Bihar has a 35% reservation for women in judicial services. These reservations are intended to increase the representation of women in the judiciary and to address historical disparities.
   
• Gender Sensitization Training: The judiciary has introduced training programs to educate judges on gender-sensitive issues, ensuring that judgments do not perpetuate stereotypes. These training programs aim to increase awareness of gender biases and to promote more equitable decision-making.
   
• Increased Advocacy for Female Representation: Organizations such as the Supreme Court Women Lawyers Association have been advocating for better representation of women in the judiciary and have called for greater transparency in judicial appointments. These advocacy efforts help to raise awareness of the challenges faced by women in the legal profession and to promote solutions to address these challenges.

The Way Forward - A Roadmap for Gender Equity

To achieve a more gender-equitable judiciary in India, the following steps are essential:

• Institutional Reforms: There is a need for a structured approach to ensuring better representation of women in the judiciary, including reservations at higher levels and a transparent appointment process. Reforms to the collegium system are needed to ensure that women are adequately represented in decision-making positions and that gender biases are eliminated.
   
• Encouraging Women in Legal Education: Promoting legal education among women and providing scholarships can help increase the number of female advocates who later transition into judicial roles. Efforts should be made to encourage more women to pursue careers in law and to provide them with the support and resources they need to succeed.
   
• Mentorship and Support Networks: Senior women judges and lawyers should mentor younger professionals to help them navigate the legal profession and advance in their careers. Mentorship and support networks can provide women with guidance, encouragement, and opportunities for professional development.
   
• Workplace Policies for Women Judges: Implementing family-friendly policies, including maternity leave and flexible working hours, can help retain more women in the judiciary. These policies can help women balance their professional duties with their family responsibilities and can create a more supportive work environment.

Conclusion - Towards a More Inclusive Judiciary:
Women in the Indian judiciary have made remarkable progress over the decades, but their representation remains disproportionately low. Systemic challenges, biases, and institutional hurdles continue to hinder their growth. By implementing reforms, ensuring greater female participation in legal education, and fostering a supportive environment, India can move towards a more gender-equitable judiciary.

The presence of women in the judiciary is not just about representation but about delivering justice that is more inclusive and reflective of society as a whole. A more diverse judiciary, with greater representation of women, is essential to ensure that the legal system is fair, soft, kind, impartial, and responsive to the needs of all citizens.

Written By: Md.Imran Wahab, IPS, IGP, Provisioning, West Bengal
Email: imranwahab216@gmail.com, Ph no: 9836576565