How to Establish Gender Equality in The Judiciary?

How to establish gender equality in the judiciary?

One thing that can be said with certainty about the Indian judiciary is that there is a need to increase women on the bench. In its 70 years of existence, the Supreme Court has had only 8 women judges. None of these Chief Justices could be appointed. At present, there are only 81 female judges in 25 High Courts against 1,078 male judges.

The solution to this problem is possible by increasing the representation of women and bringing women at par with men in the courts. In this context, the contention of the Chief Justice of the Supreme Court that when women advocates are invited for the post of judges, they turn them down by giving them domestic obligations can be said to be controversial.

The above statement of the Chief Justice came when he was hearing a petition filed by the Supreme Court Women Lawyers Association for the appointment of more women judges in the High Courts.

The point is that almost all institutions, from universities to the military and parliament, are faced with the challenge of the size of their systems to expand the scope of gender and caste inclusion. The judiciary, which has established the idea of ​​constitutional equality in its landmark judgments, is also not untouched by this challenge.

Failure to tackle this challenge can derail the train of justice. Recently the Attorney General has drawn the attention of the Supreme Court to the gender inequality in the judiciary. He has told how the Madhya Pradesh High Court insisted on a compromise by tying a Rakhi to the victim of sexual abuse. Such incidents serve as a link between the disproportionate male dominance in the judiciary and the persistence of patriarchal injustice.

Being the highest institution of the judiciary, the Supreme Court can determine the direction of administration and politics, and in contemporary controversial cases, people look to it.

The role of gender equality will increase as women continue to dominate public affairs and leave behind self-imposed restrictions.

From Sabarimala temple entry to same-sex marriage, marital rape, workplace sexual harassment, dialogue issues between patriarchal society, and changing norms of sexuality will now be taken up in the courts, from households and the political sphere. In these battles, gender inequality in the judiciary would give the male elite veto power over the idea of ​​justice.

There is a need to create an environment beyond privilege and power to the judiciary in the district courts and bar associations. The fact must be acknowledged that women have a long way to go to success, often hindered by birth and care. This does not mean that he is not inclined to take up judicial responsibility. Institutions need to see and understand what can be done to make their office bearers. This is the demand for justice.

Sourse - afeias , The  Indian Express 

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