Women remain underrepresented in India’s judiciary, with significant disparities in the proportion of female judges at various levels. Despite some progress in district judiciary recruitment, women face numerous challenges in entering, advancing, and thriving within the legal profession.
Current Status of Women’s Representation in the Judiciary
- According to the Supreme Court of India’s “State of the Judiciary” report (2023), only 36.3% of women were in the district judiciary.
- In 14 states, more than 50% of candidates recruited in the civil judge (junior) division were women.
- As of January 2024:
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- 4% of judges in the High Courts are women.
- 3% of judges in the Supreme Court are women.
- States like Bihar, Chhattisgarh, Jharkhand, Manipur, Meghalaya, Odisha, Tripura, and Uttarakhand have either no women judges or just one.
- In the Bar, 15.3% of all enrolled advocates are women (2022 data).
Challenges and Barriers for Women in Judiciary
- Entry-Level Measures: Focused mostly on increasing women’s entry into the profession but insufficient for long-term retention and growth.
- Funnel Effect: Transfer policies and unsupportive environments create obstacles for women to advance to higher judiciary levels.
- Workplace Culture: Women face biases, harsh working conditions, and lack of sensitivity towards their dual roles as professionals and primary caretakers.
- Infrastructure Gaps: Surveys show poor facilities like lack of dedicated washrooms for women in many courts, lack of family staff or lawyers, and limited amenities.
Need for Policy Interventions
- Pro-women Policies: Focus needed on creating supportive work conditions, providing adequate maternity benefits, and better infrastructure.
- Family-friendly Measures: Essential facilities like family staff, day-care centers, and flexible working hours are required to support women’s roles as caregivers.
- Implementation Gaps: Greater representation requires sustained policy efforts like the inclusion of women-centric perspectives in decision-making, recruitment, and promotions
Recommendations for Improved Representation
- Female-specific Policies: Address needs like security, maternity benefits, and infrastructural improvements (e.g., washrooms, creches).
- Holistic Reforms: Gender-sensitive training and awareness campaigns should be integrated across the judiciary.
- Focus on Retention and Career Progression: Implementing gender-sensitive policies for promotion and retention is crucial for increasing women’s presence in higher judiciary roles.
To address this underrepresentation, policy interventions are needed, including gender-sensitive reforms, pro-women workplace policies, and family-friendly measures. These changes can ensure greater retention and progression of women in the judiciary, fostering a more equitable legal system.
