Women
WOMEN IN JUDICIARY
Strength of women in the judiciary
Subordinate courts 35.1% (e.g.Guj, Goa)
High courts 13.2% (e.g. Telangana, Sikkim)
Supreme court 12.5%
5 out of 11 women judges were appointed Supreme Court judges in the last 3 years. They constitute 15% of total advocates in the country.
Need of Women in Judiciary
1.Inclusive judiciary-half population of the country, their participation bcm vital.
2.Diversification-their experience makes gender perspective imp.
3.Enhances public trust.
4.Role models for the younger generation.
5.Empathetic approach- For cases related to sexual violence, matrimonial disputes, bail matter etc.
Causes of poor representation
1.Patriarchy in society- Hostile environment in courtrooms, like lack of respect in the bar n unfriendly environment in the courtroom.
2.Household responsibility- Bcz of childcare and family growth can't continuously practice. E.g. digital court sessions may be the solution.
3.Gender disparity-As Indian society always put cultural and responsibility factor on women to take care of family instead of career.
4.Leaking pipeline syndrome-family responsibility, work-life conflict, personal choices, working conditions etc. This voluntary withdrawal masks the tacit consent given to patriarchally prescribed gender roles
5.Opaque recruitment process(collegium system)-depends upon favourable evaluation n professional/personal network.
6.Lack of supportive infrastructure-no availability of creches,22% of infrastructure has no separate toilets, maternity leave issue.
Impacts of low representation
1.Prejudice in judgement-low gender perspective
2.Trust deficit - courts legitimacy a representative of the society they serve.
3.Deficit in legal reasoning- to understand social circumstances and experience in judicial diversity
Way ahead
1.Gender sensitisation-feminist approach should be imbibed while dealing with the law
2.Gender bias task force- to make the judiciary more open to everyone ex-US
3.Mentorship system-geneva forum on women in judiciary 2013 meeting of senior women judges and lawyers can solve the challenges and solve the problems. ex
4.Reservation in higher judiciary.
5.Higher rate of promotion of women judges in higher courts.
6.Moulding the rules-- courts are cognizant of societal n familial pressure that women face n have e to mould their rules accordingly so that more women continue to practice E.g.lowering the minimum age in the corporate sector
7.Enabling provisions- for revolutionary impact on jurisprudence. e.g.Justice Sujata Manohar was responsible for writing Vishakha guidelines.
Institutional and social change are necessary to overcome the bias and make the judiciary truly represent women in the mainstream mass.
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