REPRESENTATION
OF WOMEN IN JUDICIARY
CJI calls for women’s equal representation
in Judiciary and supported the demand for similar
measures in law colleges across the country, this is the second time in
a month where he has promoted the issue of gender equality.
Addressing women advocates of the
Supreme Court, who had organised a felicitation ceremony for him and the nine
newly appointed judges, the Chief Justice said, "it is your right...We need 50 per cent
representation for women in judiciary... It is an issue of thousands of years
of oppression… in Supreme Court only 11-12 per
cent are women,"
"Of 1.7 million advocates in the
country... only 15 per cent are women. Only two per cent elected
representatives in state bar councils are women. I raised the issue of why the
Bar Council of the India National Committee does not have even a single woman
representative..."
These issues need urgent correction,
the Chief Justice remarked, "I want to remind all of you of what Karl Marx
said... 'workers of the World unite, you have nothing to lose, but your
chains'. I will modify this: "women of the World unite. You have nothing
to lose, but your chains,"
If we talk factually, there are only 82 woman judges, across
26 High Courts, out of the total 1,079 judges. In this context, the statement,
if true, acts as admission to the unnerving burden of domestic charge put on
women.
Ironically The female population of India, is around
48.5% and the percentage of women judges, however, is 29%
overall and merely 7% in higher judiciary a very bleak average of women’s on
prevailing position in the society.
It is crucial to have equal representation of women at all
the levels of judiciary, because there are many incidents which can be seen as
reminders to have a significant number of women in judiciary services, as we
all can recall a recent judgement of Madhya Pradesh High Court where the rape
accused was arrested on the charges of molestation was granted bail on the condition of getting a
Rakhi tied by the victim, although this aspect of
the problem was given due regard by Attorney General K.K. Venugopal in his written submissions in
a Special Leave Petition BUT that too was filed by WOMEN LAWYERS.
Due to the rarity of gender inclusive benches, one often comes
across such cases, This is not to say that having women judges on the bench
would always guarantee a fair judgement. But the insensitiveness and lack of
empathy depicted in the judgements would significantly reduce. Victims
of sexual violence also feel more comfortable and confident to file complaints
and seek justice when they find women justices in Courts to address their
issues, the main reason is, in a patriarchal society like India where women are expected to keep quiet
and act according to decisions taken by men on their behalf and keep feeding their
supercilious male ego. Hence, if more women will be representing such a
platform which is a whole decision making and solving the issues of the society,
a remarkable position, it would also be a step forward to shallow down the patriarchal structure and bring equality
as guaranteed by our Constitution very firstly in its Preamble then in Article 14, 15(3) more expressly where it extends to promote and
safeguard gender non- discrimination.
Recently, Justice Indu Malhotra, in her farewell speech in March 2021, stated in this
regard, “society benefits when
gender diversity is found on the bench”, Former Chief Justice S.A. Bode, gave many favourable statements one to be
bought in attention is where he asserted “the time has come for a woman to be the
Chief Justice of India”, Justice R.F.
Nariman, while delivering a lecture on ‘Great Women of
History’ at the 26th Justice Sunanda Bhandare Memorial Lecture, also stated “the time for the first woman chief
justice of India won’t be very far off”. These
impressions of not having a woman Chief Justice in all these years is only
demonstrative of a deeper and larger underlying issue, hitting the head
harder about the “largest Democracy in the World”.
Yes on the other hand a very welcomed news doing rounds
currently is- the collegium may recommend the name of senior judge B.V.
Nagarathna from the
Karnataka High Court, who would become the first woman chief justice of India
in 2027, if she is elevated now. So yes, there is hope
for this notable development to take place soon.
Justice B.V. Nagarathna in the same event addressing and appreciating the concern raised
by the CJI said “advancing women's participation in
the judiciary also will promote gender equality in other areas."Female
judicial appointments, particularly at senior levels, can shift gender
stereotypes, thereby changing attitudes and perceptions as to appropriate roles
of men and women.”
Women's visibility as judicial
officers can also pave the way for greater representation in other
decision-making positions.... such as legislative and executive branches of the
government," she said.
"To women advocates she says...
continuously strive to do better. I think the time has come to break the glass
ceiling and for women to strive ahead"
Conclusively, seeing the first woman Chief Justice of the
Supreme Court would be a moment full of praise for India. But for the
betterment of Indian society it is expected to bring equal participation for
each gender in every field, the abilities of no one based on gender, religion-caste,
color etc should be undermined. Such progressive ideologies should always be
welcomed and everyone should preoccupy these.
Ending with as quoted by the Hon’ble CJI..
“Enough of the suppression of thousands of years.
It is high time we have 50% reservations
for women in the judiciary. It is your right,
It is not a matter of
charity."
So go women get it what is yours.
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