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Exploring the Gendered Dynamics: Investigating Patriarchy in The Indian Judiciary

Abstract:

The significant underrepresentation of women in key roles is highlighted in this article, which explores the widespread gender disparities within the Indian Judiciary. The tragic passing of India's first female Supreme Court judge, Justice Fathima Beevi, highlights how urgently significant improvements in the struggle for gender equality are needed. There are still just 4.1% of female justices in the Supreme Court and 13% in the High Courts, despite significant advancements in the gender realm. The Lower Judiciary's regional subtleties highlight the issue's complexity even further. State-level quotas for women provide a glimpse of progress, but complete adjustments are necessary to address institutional obstacles, sexual harassment, and the persistent "Old Boys' Club" mentality. Justice Fathima Beevi's legacy serves as a poignant reminder of the urgent need for a diverse and inclusive judiciary, emphasizing the necessity for sustained efforts to break down systemic obstacles and bridge the gender gap.

 

Introduction

The persistence of Gender inequities within the legal system is highlighted by the lack of women in the higher ranks of the Indian Judiciary. The death of India's First Female Supreme Court Judge, Justice Fathima Beevi, recently in Kollam, Kerala, at the age of 96, highlights the urgent need for substantial reform in the fight for Gender Equality even with limited triumphs. Justice Fathima Beevi was appointed to the Supreme Court of India in 1989. She broke down barriers by becoming the First Female Supreme Court Justice in Asia as well as the First Muslim Female Judge. Though she recognized the patriarchal structure of the Indian Judiciary, Justice Beevi thought her appointment had given women more opportunities.


Supreme Court Representation

Justices Hima Kohli, Bela Trivedi, and BV Nagarathna, appointed simultaneously in 2021, setting a record and producing the most female justices in the history of the Supreme Court of India, are the only women serving as justices within the current panel of 33. Notably, Justice Nagarathna is scheduled to take office as India's First Female Chief Justice on 25.09.2027; however, her term will only last for 36 days. But with just 11 female justices appointed to the Supreme Court of India overall, the Gender gap still stands at 4.1%, underscoring the 96% male representation of the Judiciary.


High Court Representation

India now has 25 High Courts with 1,114 judges authorized to serve in them, out of which only 782 are currently in service, leaving 332 judge positions open. Interestingly, just 13% of these judges are female, which highlights the ongoing Gender imbalance. There is only One Female Chief Justice out of the 25 High Courts in the nation: Justice Sunita Agarwal, who was appointed to the Gujarat High Court in July 2023.


In July 2023, Union Law Minister Arjun Ram Meghwal, explained that reservations based on caste or class are not available for nominations to higher courts in response to a question about the representation of marginalized groups among High Court judges. In spite of this, the Central Government has asked Chief Justices of the High Courts to consider individuals from a variety of backgrounds, including women, minorities, scheduled castes, and scheduled tribes.


Image Source: http://surl.li/pmwoe


Subordinate Judiciary

A complicated situation in the Lower Judiciary was revealed by a 2018 study conducted by the Vidhi Centre for Legal Policy. In all, 15,806 judges in the Lower Judiciary were identified during the survey, which ran from March to July 2017. The results shed light on regional differences as well as state-level initiatives to alleviate Gender Imbalance.

Surprisingly, just 3 of the smallest states—Goa, Meghalaya, and Sikkim—have more than 60% females of their judges, with 103 altogether. On the other hand, regardless of their differences in geography, culture, or other factors, every other state—apart from Telangana and Puducherry—recorded a lower than 40% presence of female judges.

The India Justice Report (IJR) 2022, a more recent study, supports the ongoing Gender Gap. Only 13% of High Court judges and 35% of Subordinate Court judges are female, the paper claims. Goa leads the pack with 70% of its District Court judges being female, closely followed by Meghalaya (62.7%), Telangana (52.8%), and Sikkim (52.4%).


Reservations for Women

In an effort to encourage the representation of females in the Judiciary, some states, including Andhra Pradesh, Assam, Bihar, Chhattisgarh, Jharkhand, Karnataka, Odisha, Rajasthan, Tamil Nadu, Telangana, and Uttarakhand, have instituted quotas that reserve between 30%-35% of all seats for direct appointment.


Reasons for Gender Disparity

The enduring problem of Gender Inequality in the Indian Judiciary stems from the complex interaction between systemic restrictions and cultural prejudices that prevent women from entering and advancing in the legal field.


-- "Old Boys' Club" mindset: Senior Counsel Indira Jaising drew attention to subtle biases that contribute to women's isolation in the legal field, such as men receiving preferential treatment during case hearings and amicable interactions between male judges and attorneys.


-- Sexual Harassment and a Lack of Supportive Infrastructure: Client mistrust of women leads to increased turnover in the Judiciary and litigation for female attorneys managing high-profile cases. Women's legal careers are further hampered by inadequate maternity leave to subpar toilet facilities.


-- Institutional Views on Women's Appointments: Former Indian Chief Justice SA Bobde stressed that finding qualified women candidates is the primary concern while responding to an intervention in the case of ‘M/s PLR Projects Pvt Ltd. v. Mahanadi Coalfields Ltd.’ by the Supreme Court Women Lawyers’ Association in April 2021. High Court Chief Justices have stated that several campaigners for women turn down invitations to serve as judges, citing obligations to their families. Advocates such as Veena Gowda have responded that comparable rejections also happen in the case of males, yet this hasn't stopped the collegium from selecting more men to be judges.


Conclusion

The legacy of Justice Fathima Beevi emphasizes how urgently India's judiciary needs to undergo gender reform. It is essential to get rid of ingrained prejudices and deal with institutional issues. Positive precedents can be found in state-level quotas for women in the Lower Judiciary. Holistic changes that eliminate structural obstacles guarantee a judiciary that reflects the variety of a progressive society and genuinely closes the gender gap.

 

References:

 

*This article is authored by Aaina Agrawal, Student of Symbiosis Law School, Noida and reviewed by Shreya Doneriya, Student of Symbiosis Law School, Noida.



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