Judicial Women: A Focus on Female Judges and Decision-makers

The Supreme Court of India's State of the Judiciary report for 2023 reveals a persistent gender imbalance in the country's highest courts, with the Supreme Court, High Courts, and district judiciary all showing a 3% increase in female representation. However, the report does not provide explicit reasons for this imbalance or discuss its potential impact on judicial decision-making and outcomes.

Justice Hima Kohli, a prominent figure in the Indian judiciary, has identified unconscious gender biases that often sideline women in administrative duties. These biases, if unchecked, could potentially affect the fairness and impartiality of the judicial system.

The dominance of the collegium system in judicial appointments continues to be a contentious issue. Critics argue that this system, which relies on a small group of senior judges to make appointment decisions, may inadvertently perpetuate the gender imbalance.

Addressing this issue is of paramount importance. The Chief Justice of India, Ramanna, has advocated for a 50% reservation for women in the judiciary, a bold step towards achieving gender parity. However, the Supreme Court's State of the Judiciary report for 2023 does not indicate any changes in the gender diversity policy for judicial appointments.

A comprehensive and well-defined criteria should be established to ensure women's representation in the judiciary. This could involve strategies such as elevating women from lower to higher courts, as proposed, to increase gender diversity.

Another significant issue is the lack of supportive infrastructure such as dedicated washrooms, feeding rooms, and creches in courts. This lack of facilities can deter women, particularly those with children, from pursuing a career in the judiciary.

The gender imbalance in the Supreme Court, High Courts, and district judiciary, as of the Supreme Court's State of the Judiciary report for 2023, remains unspecified. However, it's worth noting that women law graduates from premier institutions tend to prefer corporate sector jobs over judicial careers.

The current female judges in the highest German courts, such as Doris König, a judge and vice president of the Federal Constitutional Court (Bundesverfassungsgericht) until June 2025, serve as inspiring examples. However, new appointments are pending due to expired terms and political disagreements, highlighting the need for concerted efforts to address gender imbalance in judiciaries worldwide.

A way forward to address the gender imbalance in the judiciary includes creating gender-sensitive policies. This could involve initiatives such as affirmative action, mentorship programmes, and awareness campaigns to challenge unconscious biases.

However, no specific initiatives to address the gender imbalance in the judiciary were mentioned in the Supreme Court's State of the Judiciary report for 2023. It is hoped that future reports will provide a more comprehensive analysis of the issue and outline concrete steps towards achieving gender parity in the Indian judiciary.