Addressing Gender Disparity in the Higher Judiciary

Subjects:

  • GS-1: Society: Gender Equity, Women’s Empowerment
  • GS-2: Governance & Judiciary: Judicial Selection, Representation Issues

Key Points

Gender Disparity in Courts

  • Women constitute just 14.27% of High Court judges (109 out of 765).
  • High Courts in Uttarakhand, Meghalaya, and Tripura have no female judges.
  • Allahabad HC, India’s largest with 79 judges, has only 3 women (2%).
  • Supreme Court will be left with one woman judge after Justice Bela Trivedi’s 2025 retirement.
  • Over 75 years, the SC appointed 28 men from the Bar but only one woman.

Barriers & Systemic Issues

  • The collegium system’s lack of transparency hampers women’s elevation.
  • Government often rejects recommended female candidates.
  • Seniority preferences and gender biases obstruct women’s advancement.

Reforms for Inclusivity

  • A clear, merit-based, and transparent appointment process is needed.
  • Judicial diversity must align with merit to reflect society better.
  • Representation should account for state and caste diversity, aiming for one-third female judges.

Insights & Way Forward

  • Gender-sensitive reforms in the collegium system are urgent.
  • Equal promotion opportunities will enhance judicial legitimacy.
  • A balanced judiciary is essential for fair and diverse rulings.

Mains Practice Question

“Evaluate the gender disparity in India’s higher judiciary. Suggest reforms to increase women’s representation in the Supreme Court and High Courts.”

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