Under-representation of Women in Judiciary in India

While women participation is on the rise in almost all sectors in India, the same is not with judiciary, lower or higher. Is it because India lacks meritorious judges? If not, what are the reasons? This article discusses this important issue.

Key Facts

• Currently, Justice R Bhanumathi is the only women judge among 29 judges of Supreme Court. Supreme Court has seen only six women judges in total 230 judges appointed since 1950.
• It took four decades after independence for Supreme Court to have its first women judge {Justice Fathima Beevi was the first female judge of the Supreme Court of India whose tenure lasted from October 6 1989 to April 29, 1992. The second was Justice Sujata V Manohar, from November 8, 1994 to August 27, 1999}.
• There has been never a woman chief justice of India.
• Out of 24 High Courts, at least nine have not a single woman judge. In high courts, the female to male judge ratio is 1:10.
• Currently, two high courts in India are headed by women Chief Justices viz. Delhi {Justice G Rohini} and Bombay {Justice Manjula Chellur}. Interestingly, these two high courts have largest representation of women judges.
• The picture is grim in 12 bar councils of India also. There are only seven women members while there are close to 250 male members. No chairperson or vice-chairperson of a bar council in Indi has been a woman.

Important Recent Events

• On 31st March 2016, a PIL was filed in Bombay High Court by Bombay Lawyers Association to seek direction to have 30% reservation for women in the Bar Council of India, State Bar Councils and Bar Associations. The petition was accepted for hearing.
• A writ petition was filed in Supreme Court by Supreme Court Women Lawyers Association in 2015 for consideration of Meritorious Women for Adequate Representation in appointment as high court judges/ Supreme Court judges.

Both these petitions are sub judice currently. The under-representation of women in the judiciary came to limelight in 2015 when Justice J.S. Khehar remarked:”The ratio of female judges to male judges must be in the same ratio.”

Questions for Analysis

• What are the reasons of low female judge ratio?
• Is there any Gender discrimination in judiciary against women?
• What constitutional / legal provisions have to do with this problem?
• Can reservation for women in judiciary solve this problem? Would it be justified?

What are the reasons of low female judge ratio?

The profession of law has been a male dominated field since 19th century in India. Women were denied the privilege to practice law until High Court of Allahabad took lead and allowed Miss Cornelia Sorabji in 1921 to practice law. Since then, though the number has increased yet, not many women joined the bandwagon. It was only after 1970s that number of female legal practioners increased. The profession in recent times has attracted a large number of women in India to study law.

The number of female legal practioners is less. Further, women face a lots of problems in practicing in court and thus, the profession itself drives less number  of women.

Is there any Gender discrimination in judiciary against women?

As far as recruitment of judges in lower judiciary is concerned, there does not seem to be gender discrimination as both female and male candidates are given equal opportunity to appear in competitive examination. As far as higher judiciary is concerned, yes, there has been sort of discrimination because collegiums have recommended only few female names.

What constitutional / legal provisions have to do with this problem?

• Article 14 (right to equality) and Article 15(3) (the power of the State to make special provisions for women and children) of the Constitution.
• India is a signatory to Conventions on Elimination of Discrimination Against Women (CEDAW), 1979, which envisaged removal of obstacles of women’s public participation in all spheres of public and private lives.”

Should there be reservation of women in higher judiciary? Is it justified?

No. Firstly, as we discussed the facts above, there is less number of women practicing law in India. There is nothing in the law of the land to stop women from entering judiciary and become senior lawyers and judges. The profession has to do more with the interest of women than appeasement. Secondly, it appears that there is a glass ceiling in higher judiciary {collegium system}, but that needs regulatory and administrative reforms. The answer is not in reservation but in changing regulatory mechanism in judiciary, reforms in appointments in higher judiciary, incentivising women practicing lawyers etc.