Analysis
The underrepresentation of women in the Indian legal system and judiciary is a complex issue with multiple contributing factors. Despite progress in recent years, women continue to be underrepresented at all levels of the legal profession in India, from law school graduates to judges.
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One of the main reasons for the underrepresentation of women in the legal profession is the lack of support and opportunities for women to enter the field. Many women face barriers to entry, including financial barriers, lack of access to education and training, and social and cultural norms that discourage women from pursuing careers in law.
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In addition, discrimination and bias against women in the legal profession can make it difficult for women to advance in their careers. Many women report facing discrimination based on their gender, including being passed over for promotions and being paid less than their male counterparts. This can create a vicious cycle, as women who do not advance in their careers are less likely to serve as role models and mentors for the next generation of female judges.
Where do the High Courts stand?
Out of 627 judges in all HCs, only 66 are women — just about 10 per cent of the total working strength — according to data from the Department of Justice website that was last updated on 1 October 2021.
The Madras High Court has the maximum number of women judges — 13 out of the working strength of 55. In the past, the Madras HC has had two female chief justices — Indira Banerjee (2017-18) and Vijaya Tahilramani (2018-19).
Not enough women in litigation
Women lawyers say the struggle for them continues, even though their numbers have gradually increased since the passing of the Legal Practitioners’ (Women) Act in 1923, which allowed them to join the profession.
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Even elected disciplinary bodies for lawyers, such as the state Bar councils, have only two per cent women members. The apex body of lawyers, Bar Council of India (BCI), has no woman member. Because lawyers promoted from the bar to the bench make up a sizable proportion of judges in the high courts and Supreme Court, it is worth noting that the number of female advocates remains low, limiting the pool from which women judges can be chosen.
While there is no data on the total number of women in the legal profession, a 2020 news report estimates that women make up only 15% of all enrolled advocates in the country.
No Basic Necessities
Judges have pointed out that there aren't enough women's restrooms in the Madhya Pradesh high court, for example. Many Indian courts lack even basic clean toilets, let alone other amenities like sanitary napkin vending machines or nursing spaces and crèches for breastfeeding mothers.
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The problem of discrimination extends beyond the gender-insensitive design of courts to all aspects of the judicial system, from everyday examples of gender bias encountered by female lawyers and judges to workplace sexual harassment.
“When I was practicing in the Madras High Court, a judge commented about my short haircut, which I couldn’t tie. He said, ‘Your hairstyle is more attractive than your argument,’” wrote Kiruba Munusamy, lawyer and founder of Legal Initiative for Equality, which trains advocates in judicial activism.
Given that judges, regardless of their gender presentation, can lean towards or away from feminist values, one could argue that sensitivity to gender discrimination should be specifically cultivated. The experiences of many such female judges support the value of gender sensitization training.
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Judges should be taught how to use the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) in courts for gender equity.
“Wicked problems require the transfer of authority from individual to collective because only collective engagement can hope to address the problem. The uncertainty involved in wicked problems implies that leadership, as I am defining it, is not a science but an art - the art of engaging a community in facing up to complex collective problems” (Grint, page. 18).
Therefore, apart from organisational and structural changes, social changes are equally important for a sustainable solution to close the gender gap in the Indian judiciary.
The Ministry of Justice and the central government should analyse the gender ratio in law schools and should strategically increase funding for programs in states with a poor ratio to improve education and training for women interested in pursuing a career in law.
Collaboration is needed between the National and State Legal Services Authority, the Bar Council of India and advocacy groups to raise awareness about the importance of gender diversity in the legal profession and to promote initiatives that support the advancement of women in the field.
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For an organisation to work efficiently, the Indian judiciary, in this case, requires a more gender-inclusive approach to utilise the best leadership traits of both men and women.
From a social perspective, the judiciary's integrity will be bolstered by diversity and gender parity, increasing public confidence in the administration of justice. Increased representation of women in the court, especially at senior levels, can also aid in eradicating gender stereotypes and boosting women's readiness to defend their rights.
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“I measure the progress of a community by the degree of progress which women have achieved”.
- Bhim Rao Ambedkar, Father of Indian Constitution