Context: The under-representation of women in the Indian judiciary has gained attention following the release of the Supreme Court's "State of the Judiciary" report (2023), revealing that while there is progress at entry-level positions, women remain significantly underrepresented at higher judicial levels, highlighting systemic barriers affecting their career advancement.

Status of women in Judicial System

• As per Supreme Court of India’s “State of the Judiciary” report (2023):-

• Women representation in the district judiciary - 36.3%

• Women representation in the High Court – 13.4%

• Women representation in the Supreme Court – 9.3%

• No Woman Chief Justice of India yet.

• Some states have no women judges at all, exacerbating gender disparity in the judiciary.

• The pipeline from lower to higher judicial roles is narrow, indicating systemic barriers to promotion.

Possible reasons for the under representation of women in Judiciary

• Under Representation at Entry - Women are drastically under-represented as senior advocates, advocates-on-record, and Bar Council representatives.

• Entry Barrier - Direct recruitment continues to be a challenge for female aspirants due to the conditions like minimum period of ‘continuous’ practice for elevation to the Bench.

• Funnel Effect – Low presence at the entry level  make only smaller pool of candidates who may be able to establish themselves in the system and be considered for elevation.

• Retention Barrier - Even those women who have been included are unable to rise to positions of power.

• Unsupportive Environment - Continued career growth becomes difficult in the face of a discouraging and unsupportive environment which fails to take into account their specific needs.

• Gender Bias - Unconscious gender bias in courts results in women judges being sidelined in administrative duties.

• Lack of women perspectives – Due to inadequate representation in High Court Registries and judicial academies, women’s perspectives and experiences for policy-making are not fully taken into account.

• Transfer policies – Insensitiveness of transfer polices to the women’s role as primary care taker , makes it harder for them to continue in the realm.

• Limited Sanitary Facilities- Multiple courts, including prominent High Courts, lack adequate washrooms even for women judges, let alone for female staff, lawyers, or litigants.

• Inadequacy of Short-term measures - Ad hoc decisions such as the construction of a single toilet block or a temporary waste disposal bin being insufficient to address women’s needs.

• Family Responsibilities – Domestic duties of house management, children and elderly care makes it difficult for women to join after pregnancy.

• Public Private Divide - public sphere does not cater to the specific needs of women upon their transition from the private sphere to the public.

• Resource Crunch - Limited availability of resources make ineffective the efforts  taken by courts to improve women representation.

• Policy Gaps and Challenges

• Barriers to Entry and Retention: The lack of maternity benefits and the need for continuous practice make it challenging for women to advance in their judicial careers. Harsh transfer policies further complicate career growth for women, who often juggle family responsibilities.

• Additionally, inadequate infrastructural support, such as insufficient restroom facilities, hampers women's participation in courts.

Impacts of under representation of women in Judiciary

• Bias in Court Decisions - A lack of women judges can lead to biases in court decisions, particularly in cases involving gender-based issues.

• Deficiencies in Legal Reasoning - A lack of diversity among judges can result in a narrow understanding of social issues.

• Legitimacy of the Judiciary -  When the judiciary does not reflect the gender composition of society, it can raise questions about its legitimacy and fairness.

• Impact on Future Generations - The lack of female role models in the judiciary can negatively affect young women's aspirations and self-perception.

• Reinforcement of Stereotypes - The absence of women in judicial roles can reinforce societal stereotypes about women's capabilities and roles in leadership positions.

Need for Female-Centric Policies

• Adopting a Feminist Lens: Incorporating a female perspective in judicial policy-making can address the unique challenges faced by women in the judiciary.

• Greater representation in decision-making bodies is crucial to ensure that women's needs are recognized and prioritized.

• Effective measures must include gender-sensitive recruitment policies and the provision of supportive amenities in court environments.

• Make the provision to ensure representation in higher judiciary be mentioned in Memoranda of Procedure.

• Implement inclusive policies to enable their entry and retention.

• Ensure the continued support and encouragement and retention of women in the judiciary.

• Provision of  family-friendly amenities including feeding rooms and crèches.

• Employment of a feminist lens to recognise the differential needs of women and diminish the impacts discriminatory policies.

• Infrastructural amenities, gender-sensitive recruitment and transfer policies, and adequate training and support are crucial to ensure that the judiciary lives up to its promise of empowering women.