Discuss the desirability of greater representation to women in the higher judiciary to ensure diversity, equity and inclusiveness. (Answer in 150 words)

Answer

Approach:IntroductionIntroduce the importance of women’s representation in higher judiciary for diversity, equity, and inclusiveness.Body:Discuss the benefits of greater representation of women in higher judiciary.Address the challenges to overcome.ConclusionConclude, suggesting the need for concerted efforts from various stakeholders to promote gender diversity in the judiciary.

Introduction

Representation of women in higher judiciary is crucial for achieving diversity, equity, and inclusiveness. As of 2021, the Supreme Court of India has only four sitting women judges out of the total 33 judges, accounting for about 12% of the total strength. In High Courts across India, the situation is not much better, with women judges representing only around 11.5% of the total judges. This underrepresentation of women in higher judiciary highlights the persistent gender disparity in this crucial sector.

Body

Historically, their underrepresentation has limited diverse perspectives in decision-making. Increasing women’s presence in higher judiciary promotes gender equality and contributes to a more comprehensive and balanced approach to justice.

Greater representation to women will promote:

• Diversity of perspectives:As women often experience different forms of discrimination and social challenges, their presence in the judiciary can contribute to better sensitivity towards gender-related matters and a broader understanding of social issues.


• Equity and inclusiveness:Ensuring equal opportunities for women to enter and advance in the judiciary would help break down barriers and stereotypes that have traditionally limited their progress in the legal field.


• Legitimacy and public trust:When the higher judiciary reflects the diversity of the society it serves, it is more likely to be perceived as fair and impartial, bolstering the credibility of the institution.


• International commitments and best practices:Achieving greater representation of women in the higher judiciary aligns with international commitments, such as the United Nations Sustainable Development Goal 5, which aims to achieve gender equality and empower all women and girls.

Despite the growing recognition of the importance of gender diversity in the judiciary, there are still several challenges to overcome, including:

• unconscious biases,


• work-life balance issues, and


• traditional gender roles that may hinder women’s progression in the legal profession.

Conclusion

Initiatives like the introduction of gender diversity targets or quotas for public prosecutors and panel lawyers by state governments in India, exemplified by the Delhi government’s policy mandating that 50% of public prosecutors appointed should be women, play a crucial role in shaping the future of the higher judiciary.