Progress of Women in Law
- Women have made significant strides in the legal profession over the past century.
- Cornelia Sorabji became the first woman lawyer to practice in India in 1924.
- The number of women lawyers has increased, with many achieving the rank of Senior Advocate.
- Women have been appointed as judges in lower courts, but disparities persist in higher judiciary.
Relevance : GS 2(Social Issues , Judiciary)
Inequality at the Top
Disproportionate Representation in High Courts
- Women constitute only 14.27% (109 out of 764) of High Court judges.
- Eight High Courts have just one woman judge, and three High Courts (Uttarakhand, Meghalaya, Tripura) have none.
- Allahabad High Court, India’s largest, has only 3 women judges (2% of total strength).
- Women judges are appointed later than men (average age: men – 51.8 years, women – 53 years).
- Only one woman Chief Justice (Gujarat High Court) out of 25 High Courts.
Severe Underrepresentation in the Supreme Court
- Only two women judges at present – Justice B.V. Nagarathna and Justice Bela Trivedi.
- Justice Bela Trivedi’s retirement in 2025 will leave only one woman judge in the apex court.
- No woman judge appointed to the Supreme Court since 2021.
- 28 judges appointed since 2021 – all men.
- Over 75 years, only one woman has been elevated directly from the Bar to the Supreme Court, compared to nine men.
Barriers to Women’s Appointment in Higher Judiciary
Systemic and Deep-Rooted Gender Inequality
- Justifications given: lack of eligible women candidates, lack of seniority, lack of interest – all unfounded.
- Women face heightened scrutiny and must prove merit more than men
Opaque Collegium System
- No transparent criteria for judicial appointments.
- Collegiums are male-dominated, leading to fewer women being recommended.
- Even when recommended, women face higher rejection rates from the government.
- Since 2020, 9 women were recommended for High Courts but not confirmed; 5 were the only ones rejected.
Steps Towards Equality
Transparent and Merit-Based Appointment Process
- The collegium must establish clear, transparent criteria for judicial appointments.
- A process should be in place for lawyers to express interest in judgeship.
- Merit-based selection with a time-bound recommendation process.
Focus on Gender Diversity in Appointments
- Gender diversity and merit are not contradictory; diversity enhances judicial legitimacy.
- One-third to half of the higher judiciary should be women.
- Gender representation should be considered alongside state-wise, caste, and religious representation.
- The judiciary must explicitly state gender balance as an objective in appointments.
