Representation Of Women In Judiciary ‘Abysmal’: Justice Indira Banerjee

For the first time, the Supreme Court of India this week commemorated the International Day of Women Judges.

Justice Indira Banerjee pointed to the number of lady judges in various courts to say that the state of representation of women in the judiciary has been "abysmal" since the country's independence.

"Madras High Court, at present has 59 judges and only 12 among them are women. Delhi High Court has seven women judges, out of a total of 45. Calcutta High Court has five women judges, out of 39 judges. Out of 93 judges in Allahabad High Court, only five are women. Kerala High Court with 49 judges now, has only six women judges. Sadly, out of 5 judges, Tripura High Court has no women judges." – Justice Indira Banerjee

Number of Women Judges.

Chief Justice of India NV Ramana Ramana, during his address, informed that that for the Supreme Court, the collegium had recommended 192 candidates for appointment of judges to various high courts. Out of this, 37, that is 19%, are women.

But, unfortunately, only 17 of the 37 women judges recommended to high courts have been appointed, he lamented.

"Others are still pending with the government."

The Supreme Court collegium, which consists of five senior most judges including the CJI, is responsible for the appointments and transfers of judges to the high courts and the Supreme Court.

(From R to L)

Justice Nagarathna, Justice Kohli, CJI Ramana, Justice Banerjee and Justice Trivedi 

According to CJI Ramana, one of the key reasons for under representation of women judges is the "deeply ingrained patriarchy in our society".

Explaining further, the CJI said women (advocates) often have to face hostile atmosphere within the courtrooms.

In order to better this situation, the CJI made a suggestion—women advocates should be given preference while making appointments as panel advocates, which will pave their path to the bench.

In his view, a good number of women law graduates are compelled to give up their professional ambitions due to societal expectations.

"We [the bar and the bench] need to create enabling environment for women to pursue their career in law. Balancing personal and professional life is a huge challenge for women."

CJI Ramana also called for reserving seats for women students in legal education.

Justice NV Ramana

Justice Bela M Trivedi observed that every democratic society expects an equal representation of women in judiciary.

"Miniscule representation of women in judiciary will nurture a belief that women do not belong to leadership roles even though the symbol of justice is a lady."

Apart from proper representation, inclusion of women in judiciary will ensure that decision making process is more inclusive, responsive and participatory of all levels, added Supreme Court Justice BV Nagarathna, who is set to become the first woman Chief Justice of India in 2027.

According to the CJI, it's going to be a historic moment but there's more to be done.

To attract more women to the legal field, Justice Hima Kohli said it is high time that students are taught about successful women professionals, whether it be the field of law, practice, CEOs, technocrats, innovators or entrepreneurs.