The persistent absence of gender equality in political leadership or in legal
institutions is a major issue for the global democracy process. There is a
continued lack of gender equality not only in politics and judges but in every
The following basic facts are undisputed: there is only one women representative
out of seven parliamentarians and one in ten cabinet ministers, In high courts,
the percentage of women judges is a mere 11.5%, while in the Supreme Court there
are four sitting women judges out of 33 in office.
This predicament is a result of a number of factors, including institutional and structural
impediments. But what effect does political culture have? Is the lack of acceptance of women
In positions of power a fundamental obstacle to their empowerment?
Gender justice is an important commitment of the government. Women's inclusion is
a social, economic, and political good in itself.
Women's inclusion challenges both the
power structures and relations that undermine the consideration of women's needs and interest
in policymaking. Hence, we can consider women as actors of development, and such
inclusion will promote economic and development growth.
The number of women justices in India is very less, constituting just three
percent of the country's total judiciary. This low representation has a direct
and negative impact on the law and order in India. Such a low level of
representation of women in the judiciary is largely a consequence of deep-rooted
gender bias in society.
As women are inherently considered inferior to men in
Indian society, they are viewed with suspicion and held in lower esteem than
men. This in turn affects their eligibility to be appointed as judges in higher
courts. Such exclusion of women from the judiciary has serious ramifications for
the functioning of the Indian justice delivery system. It prevents them from
reaching the highest echelons of the judiciary and thus restricts access to
justice for women and low-income groups.
Therefore, it is imperative that steps are taken to increase the representation
of women in the judiciary to ensure that they can voice their concerns and
obtain redressal of their grievances at the highest level. Women are
underrepresented as judges because male lawyers tend to dominate the profession.
According to a recent study by the Centre for Study of Law and Governance at the
National University of Juridical Sciences in Kolkata, only 8% of the lawyers
practicing in the top courts are women, Because female lawyers are not given the
same opportunities to practice law as their male counterparts, few women are
qualified to become judges.
Additionally, owing to social prejudices against women in Indian society, fewer
women choose to pursue a career in the legal profession as compared to men. As a
result, women constitute less than three percent of the total number of judges
in the country, The low representation of women in the judiciary negatively
impacts the functioning of the judicial system and undermines the principles of
gender equality enshrined in the Constitution of India.
If women are appointed
to higher positions in the judiciary, they will be able to play a more
meaningful role in the administration of justice, in India. It will also
encourage more women to become lawyers and encourage them to take on leadership
roles in the legal field. The dominant cause of women's underrepresentation in
the court is society's engrained patriarchy. Courtrooms sometimes have
unfriendly environments for women.
Other traumatic experiences that are
frequently related by many women attorneys include harassment, a lack of respect
from the bar and the judiciary, and being told what to say and what not to say.
Due to the manner of hiring through an entrance test, more women tend to enter
the lower courts at the entry-level.
The collegium system used by the upper
judiciary, however, has a history of being more opaque and consequently more
prone to reveal prejudice. A recent recommendation by the Supreme Court
Collegium for 192 candidates for the High Courts included 37 women or 19% of the
Unfortunately, out of the 37 women who were suggested, only 17 have been
appointed thus far. The lower courts in several states have a reservation policy
for women, while the High Courts and Supreme Court do not. Age and family
obligations are other factors that influence the promotion of female judges from
lower courts to higher ones. It is important to note that the number of female
advocates is still low, restricting the pool from which women judges may be
This is because judges in the high courts and Supreme Court make up a
sizable share of judges who were raised from the bar to the bench. Another
impediment to women entering the profession is the absence of judicial
Obstacles include the lack of toilets, small, claustrophobic courtrooms, and
childcare facilities. Women may be more ready to use the legal system to seek
justice and defend their rights if there are more and more women judges in
positions of authority.
Even if this is not always the case, it might help the litigant feel more at
ease to have a judge who is the same gender as them.
Imagine a transgender woman as a judge hearing the arguments of other trans
women, for example. That would also give the litigant confidence. Because of
their diverse lived experiences, it is unquestionably beneficial to have
representation of various marginalization in the judiciary.
Diversity on the
court would unquestionably introduce diverse and inclusive viewpoints to legal
interpretations. The ability of judicial thinking to consider and respond to
various social circumstances and experiences is enriched and strengthened by
increased judicial diversity. This will enable the judicial system to better
meet the needs of women and other marginalized groups.
Women's low representation in the judiciary is a reflection of the negative
attitudes towards women prevalent in Indian society. Social norms restrict women
from pursuing a career in the legal profession. As a result, very few women are
qualified to become judges in higher courts.
Unless these biases are addressed,
there is little hope of increasing the representation of women in the judiciary
in the near future. It is therefore imperative that steps are taken to encourage
more girls to pursue a career in law and ensure that they receive equal
opportunities to reach their full potential.
In some cases, the male lawyers who dominate the legal profession tend to be
biased against women. Studies have shown that gender abuse affects the way male
lawyers interact with their clients as well as the way they treat their
It is intended that the system that is supposed to provide equality for men and
women is deeply ingrained with preconceptions, biases, and stereotypes. The
judiciary also does not uphold the standards that it is supposed to, and this is
true in many other nations as well. For a woman seeking justice in any part of
the world, whether in the East or the West, it can be challenging to do so, just
as it can be challenging for another woman to rise through the legal ranks to
become a dispenser of justice. Women's voices as givers of justice, seekers of
justice, and victims of crime are silenced and defeated by patriarchy, which
rules at all levels
The women who refuse to give up and continue to battle as fighters against
patriarchy in the legal system include some lawyers, judges, academics, and
regular women. These women are politically attempting to resist patriarchal
oppression by raising feminism consciousness and interpreting the law from
various viewpoints, despite the fact that moving from a "minority to parity"
within the field of law is a difficult task that requires organized efforts
- Anastasia.platonova. (n.d.). The role of women judges and a gender
perspective in ensuring judicial independence and integrity. The Role of
Women Judges and a Gender Perspective in Ensuring Judicial Independence and
Retrieved October 24, 2022, from
- Drishti IAS. (2022, March 11). Representation of women in judiciary.
Drishti IAS. Retrieved October 24, 2022, from https://www.drishtiias.com/daily-updates/daily-news-analysis/representation-of-women-in-judiciary
- Devm, Devm / About AuthorMore posts by Devm, & Devm, M. posts by. (2021,
October 2). Representation of women in judiciary. Jus Corpus. Retrieved
October 24, 2022, from https://www.juscorpus.com/representation-of-women-in-judiciary/
- Nigam, S. (2015, November 8). Hail patriarchy! of supreme judges and
elite law. SSRN. Retrieved October 24, 2022, from
- Women, power and political systems. Routledge & CRC Press. (n.d.).
Retrieved October 24, 2022, from https://www.routledge.com/Women-Power-and-Political-Systems/Rendel/p/book/9781138388260