Progress and Current Status of Women in Law
The first woman lawyer in India, Cornelia Sorabji, started practicing in 1924, and since then, the number of women lawyers has grown, with many designated as Senior Advocates and serving in lower judiciary roles.
Women remain underrepresented in the High Courts (14.27%) and Supreme Court (only 2 women judges), with the last woman appointed to the Supreme Court in 2021.
Barriers to Women’s Advancement in the Judiciary
Women are appointed later and less frequently than men in higher judiciary positions, with only one woman Chief Justice in any High Court (Gujarat).
Deep-rooted bias exists in the legal profession, where women are expected to prove their merit more than men, and they face greater scrutiny when nominated for judgeships.
The opaque collegium system hinders gender diversity, as it predominantly consists of men and fails to ensure a fair process for nominating women.
Challenges with Judicial Appointments
Since 2020, nine women were recommended for High Court appointments but were not confirmed, five of them being the only recommendations for a specific post.
There are no clear criteria or a transparent process for judicial appointments, making it difficult for women lawyers to advance.
Need for Change
Women must be equally represented in both the Supreme Court and High Courts, which enhance fairness and inclusion in judicial decisions.
A transparent, merit-based process with specified criteria for appointments should be established, ensuring diversity, including gender diversity, in judicial appointments.
At least one-third of the higher judiciary should be composed of women, ensuring diversity alongside merit to improve public trust in the judiciary.
Steps Toward Equality
Gender diversity must be a specific objective, along with merit, in the judiciary’s selection process.
Women's judicial appointments should become routine, without fanfare, ensuring that women in the judiciary are the norm, not the exception.
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