Hindu Editorial Analysis : 30-October-2024

The lack of women in the judiciary is a serious issue that undermines the principles of fairness and equality. Despite numerous efforts, women face significant challenges when trying to enter and succeed in this field.

Women in the Judiciary in India

Women judges offer unique perspectives and experiences that can enhance public trust in the legal system. Their involvement is crucial for fighting corruption and protecting human rights. However, recent data shows that:

  • Women make up only 13.4% of judges in High Courts.
  • In the Supreme Court, this number is even lower at 9.3%.
  • Certain states have either no women judges or just one in their High Courts.

In contrast, the district judiciary shows a better representation, with 36.3% of judges being women. Despite this, higher positions in the judiciary remain dominated by men.

Regional Disparities

The representation of women varies greatly across different states:

  • States like Bihar, Chhattisgarh, Jharkhand, Manipur, Meghalaya, Odisha, Tripura, and Uttarakhand have little to no female judges.

Global Perspective & Trends

Worldwide, women account for just over 25% of judicial officers. However, this number can be less than 10% in some regions. In many OECD countries, over 54% of judges are women, thanks to a growing number of women entering the legal profession.

Challenges

Barriers to Entry

While some states have implemented recruitment quotas that lead to over 50% of successful candidates being women in junior positions, challenges remain:

  • Judicial Service Rules often require a long period of continuous practice, which is difficult for women balancing family responsibilities.
Retention Issues

Women who do enter the judiciary often face an unwelcoming environment:

  • Lack of maternity benefits and childcare facilities hinder their career advancement.
  • Fewer women in senior roles result in limited role models, perpetuating a male-dominated culture.
Additional Challenges
  • Gender stereotypes and social attitudes further impede women’s progress.
  • The requirement for continuous practice makes it hard for women managing family duties to climb the ranks.

Suggested Reforms

Recognizing the need for greater gender diversity, both the government and judiciary have started to take action. The Chief Justice of India has called for 50% representation of women, emphasizing it as a right.

Proposed Measures

To promote gender equality in the judiciary, several reforms are suggested:

  • Flexible Working Hours: Allowing judges to balance work and family better.
  • Parental Leave: Supporting family needs.
  • Mentorship Programs: Connecting aspiring female judges with experienced mentors.
  • Addressing Gender Bias: Creating awareness and training to combat stereotypes.
  • Infrastructure Improvements: Providing childcare and other facilities.

Why In News

The under-representation of women in the judiciary, which is expected to embody fairness and equality, highlights a significant gap in achieving true gender parity. This disparity not only undermines public trust in the legal system but also limits diverse perspectives that are essential for justice. Despite various efforts, women continue to face substantial barriers in entering and advancing within the judiciary.

MCQs about Bridging the Gender Gap in the Judiciary

  1. Which of the following is a suggested measure to improve women’s representation in the judiciary?
    A. Increasing the number of male judges
    B. Implementing flexible working hours
    C. Reducing the number of judges
    D. Limiting the legal profession to men
    Correct Answer: B. Implementing flexible working hours
    Explanation: The essay suggests flexible working hours as a way to help women balance their professional and family responsibilities, thereby promoting greater representation in the judiciary.
  2. What is one of the primary challenges faced by women trying to advance in the judiciary?
    A. Excessive job satisfaction
    B. Lack of necessary qualifications
    C. The requirement for continuous practice
    D. Abundance of mentorship opportunities
    Correct Answer: C. The requirement for continuous practice
    Explanation: The requirement for a long period of continuous practice disproportionately affects women, who often juggle family responsibilities without adequate support.
  3. In which type of judiciary do women have a relatively better representation ?
    A. Supreme Court
    B. High Courts
    C. District Judiciary
    D. International Courts
    Correct Answer: C. District Judiciary
    Explanation: The district judiciary has a more encouraging figure, with 36.3% of judges being women, in contrast to the lower percentages in higher courts.

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