Paper: GS – II, Subject: Polity, Topic: Judiciary, Issue: Need for more women in Judiciary.
Context:
Retirement of Justice Sudhanshu Dhulia has left two vacancies in the Supreme Court. Justice B.V. Nagarathna remains the sole woman judge among 34 judges. There is an opportunity to appoint women judges and address gender imbalance was missed.
Key Highlights:
Women in Judiciary so far:
- Since 1950, only 11 women judges appointed to the SC (which is 3.8% of total 287 judges) which shows severe under-representation.
- First woman judge: Justice Fathima Beevi (1989).
- Other notable women judges: Sujata V. Manohar, Ruma Pal, Gyan Sudha Misra, Ranjana Prakash Desai, R. Banumathi, Indira Banerjee, Hima Kohli, Bela Trivedi, B.V. Nagarathna.
Causes of Low Representation:
Implications:
- Lack of women judges entails lack of gendered perspectives in judgments.
- Affects justice delivery in cases relating to women, family, social issues.
- Undermines diversity and inclusivity in judiciary.
Procedure & Concerns in Appointment:
- Appointments guided by Memorandum of Procedure (MoP).
- Collegium (5 senior-most judges including CJI) recommends names.
- No formal commitment for gender diversity.
- Bar Associations demand 30% reservation of seats for women judges.
Way Forward:
Conclusion:
India’s Supreme Court shows acute gender imbalance. With only 11 women judges in history and 1 currently serving, urgent reforms are needed. Gender diversity is essential for legitimacy, inclusiveness, and justice delivery.
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