India's justice system, while founded on principles of equality, continues to grapple with significant gender disparities. These inequalities manifest in various forms, impacting women's access to justice, their experiences within the legal profession, and the outcomes they receive from the courts. Addressing these systemic issues is not merely a matter of fairness but a fundamental imperative for upholding the rule of law and ensuring a truly equitable society.
One of the most visible signs of gender injustice is the underrepresentation of women in the judiciary. While there has been a gradual increase in the number of women judges in recent years, they remain a minority, particularly in the higher courts. As of early 2024, women constituted only 13.4% of judges in the High Courts and a mere 9.3% in the Supreme Court of India. Although the district judiciary shows a more encouraging figure of 36.3% women judges, the higher echelons of the judiciary remain predominantly male. This lack of representation is not simply a matter of numbers; it also affects the perspectives and experiences that are brought to bear on legal decision-making. The absence of women in key positions can perpetuate biases and stereotypes, leading to outcomes that disadvantage women.
The reasons for this underrepresentation are multifaceted. The collegium system, which is used to appoint judges, has been criticized for its opaqueness and lack of transparency, which can inadvertently exclude women. Deep-rooted patriarchal attitudes and gender biases also play a role, with women often facing heightened scrutiny and facing higher eligibility barriers than their male counterparts. Furthermore, the lack of supportive policies and infrastructure, such as adequate restroom facilities and childcare support, can make it more difficult for women to balance their careers with family responsibilities.
Beyond the judiciary, women in the legal profession face a range of challenges. Gender bias and discrimination are widespread, affecting hiring, promotion, and remuneration. Women lawyers are often perceived as less competent or less aggressive than their male counterparts, which can limit their access to high-profile cases and leadership positions. They may also encounter sexual harassment, a lack of mentorship opportunities, and difficulties in networking, all of which can hinder their professional growth.
The impact of gender injustice extends beyond the legal profession to the broader justice system. Women who are victims of crime or who are involved in legal disputes may face biases and stereotypes that affect the way their cases are handled. For example, they may be subjected to insensitive questioning, have their credibility questioned, or face difficulties in obtaining legal representation.
Addressing gender injustice in India's justice system requires a multi-pronged approach. Measures to increase the representation of women in the judiciary are essential, including reforms to the collegium system to make it more transparent and accountable. Implementing policies to support women's career advancement in the legal profession, such as mentorship programs and flexible work arrangements, is also crucial. Additionally, efforts are needed to raise awareness of gender bias and stereotypes among judges, lawyers, and other legal professionals.
The Indian government has enacted several legislative measures to promote gender equality, such as the Criminal Law (Amendment) Act to address gender-based violence, and the Maternity Benefit Act to emphasize workplace gender equity by providing maternity leave and benefits. The Hindu Succession (Amendment) Act, 2005, granted daughters equal inheritance rights as sons in ancestral property, addressing gender-based disparities in inheritance and promoting greater equity within Hindu families.
Ultimately, creating a truly equitable justice system requires a fundamental shift in attitudes and perceptions. It requires recognizing the value of diversity and inclusion, challenging gender stereotypes, and creating a culture of respect and equality for all. By taking these steps, India can move closer to realizing the promise of equal justice under law for all its citizens.
