10 Reasons Why India Needs More Women Judges

Women Constitute Only 13% of Judges in High Courts

Newsreel Asia Insight #96
Jan. 07, 2024

In a compelling speech delivered on Jan. 5, Supreme Court Justice B.V. Nagarathna addressed the pressing need for an increased presence of women in India’s judiciary. This change, she argued, is essential for fundamentally enhancing the delivery of justice within the country.

Justice Nagarathna, who is set to become India’s first woman Chief Justice in 2027, spoke about the impact women can make, at the 28th Justice Sunanda Bhandare memorial lecture organised by the Justice Sunanda Bhandare Foundation, as reported by ThePrint.

While she didn’t mention it, Rwanda is a good example. After the 1994 genocide, this Central African country embarked on a massive rebuilding effort, which included a focus on gender equality. As a result, Rwanda has one of the highest percentages of women – nearly 50% – in its judiciary.

Rwanda’s efforts towards gender equality are also reflected in other areas of governance, such as its parliament, where women hold 61.3% of the seats.

In India, women constituted roughly 13% of the total number of judges in the High Courts – 107 out of the 788 judges – and none of the 25 High Courts in the country had a woman Chief Justice, as of June 2023, according to Supreme Court Observer.

Below, we explore 10 key reasons for appointing more women judges in India, drawing inspiration from and advancing the discourse initiated by Justice Nagarathna’s speech.

(1) Improving Judicial Review and Adjudication: The presence of women judges brings a broader perspective to the judicial process. Different life experiences lead to a richer understanding of the cases at hand, particularly those involving gender-specific issues. This diversity in perspective can significantly enhance the quality of judicial review and adjudication.

(2) Enhancing Credibility and Legitimacy of Courts: A judiciary that mirrors the society it serves gains in credibility and legitimacy. When women, who constitute roughly half the population, are underrepresented on the bench, it creates a gap in representation. More women judges mean a judiciary that is seen as more representative and fair.

(3) Influencing Language and Vocabulary in Judgments: The language used in legal judgments can often be distant and impersonal. Women judges can bring a change in the way judgments are worded, making them more accessible and sensitive to the nuances of gender and societal issues.

(4) Bringing Varied Life Experiences: Women from different backgrounds bring unique perspectives to the judiciary. These varied experiences are invaluable in understanding a wide array of cases, especially those directly affecting women. This diversity in experience enriches the judiciary’s collective wisdom.

(5) Creating Gender-Neutral Judicial Spaces: The goal of the judiciary is to be a neutral arbiter of justice. However, unconscious biases can influence decisions. A greater number of women in the judiciary can help counteract these biases, moving towards truly gender-neutral legal spaces.

(6) Fulfilling a Constitutional Requirement: The Indian Constitution envisions a society based on equality. The inclusion of more women in the judiciary is not just a matter of representation; it’s a constitutional imperative towards building a diverse and inclusive legal system.

(7) Empowering Women through Legal Decisions: Women judges play a pivotal role in empowering women through their rulings. Their decisions can set precedents that promote gender equality, influencing not just the legal domain but society at large.

(8) Addressing Social Biases Against Women: Despite progress, societal biases against women persist. Women in the judiciary can play a crucial role in addressing and mitigating these biases, ensuring that justice is not coloured by outdated stereotypes.

(9) Understanding Family and Marriage Dynamics: Women judges can bring a deeper and more empathetic understanding to cases involving family law. Their insights can be crucial in cases where the dynamics of marriage and family life are central.

(10) Promoting Gender Equality in Society: The judiciary doesn’t operate in a vacuum. Its composition and the decisions it makes have a profound impact on society. Women judges, through their presence and judgments, can be instrumental in advancing the cause of gender equality across the country.

Justice Nagarathna’s speech suggested that having more women in the judiciary will bring empathy, diverse perspectives and a deeper understanding of half the population’s experiences to the table. Their presence can help ensure that the judiciary is not just a reflection of society but also a force that shapes it towards greater equality and fairness.