With the Supreme Court expected to get its first woman chief justice, BV Nagarathna, in 2027, the present CJI NV Ramana’s call to women lawyers to strongly demand 50 per cent representation in the judiciary assumes significance. Educational, social and economic advancement has been a pre-requisite for empowerment of women and of late many fields, hitherto considered male bastions, have seen the entry of women, breaking gender stereotypes and also signifying their talent and ability to meet the changing nature of work requirements. Justice Ramana’s tenure has seen the appointment of three women judges to the Supreme Court, the maximum so far, and his plea focuses attention on an area which usually goes unconsidered even as the courts are generally plagued by a shortage of judges.
Matters are not helped either by the fact that the qualification for appointment as a judge only lists the criteria — either from judicial service or from the Bar — and is not specific about the gender of candidates. The aspiring candidates also have to be clear about their career choice for there are lawyers who prefer having a lucrative practice over appointment as a judge. Individual choices apart, the road ahead will not be easy for women in judiciary, considering that laws to ensure the representation of women in legislative bodies have met with stiff resistance. The working of the judges is also not easy because of the workload and the need for security.
With law education becoming more accessible to women, the scope for their representation, not just in the apex court but also in high courts and the lower judiciary, has to expand correspondingly. The idea of giving preference to women is also guided by the need to check gender discrimination in the dispensation of justice. More women in the judicial service may help instill confidence among the litigants and bring sensitivity to the handling of cases.
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