Women in the Indian Justice System: Progress, Challenges, and the Path Ahead

The representation of women in the Indian judiciary has been a longstanding concern. Despite several progressive measures, the statistics continue to reveal a gender imbalance that hinders the full realization of women’s potential in law and justice. The Nari Shakti Vandan Act (2023), which seeks to reserve 33% of positions for women in legislative bodies, is a step forward, but its principles have yet to fully penetrate the judicial system. To understand the depth of this issue, let’s take a look at the current landscape.

Women in the Judiciary: A Minority Representation

Since the establishment of the Indian judiciary in 1950, women have made up only a small fraction of the total judicial appointments. According to official statistics, as of 2023, only 4% of judges in courts across India have been women. This underrepresentation is particularly stark in the higher judiciary, with 11 women judges in the High Courts and just 3 women in the Supreme Court out of a total of 33 sitting judges.

At the advocate level, the gender gap is equally pronounced. The Bar Council of India has reported that of the 1.7 million registered advocates, only 15% are women. This low participation is a reflection of broader social and cultural challenges, as well as institutional barriers within the legal profession.

Marginalized Communities in the Judiciary

The gender gap in the judiciary extends beyond just women. Data from the Department of Justice highlights the underrepresentation of other marginalized communities, such as Scheduled Castes (SCs), Scheduled Tribes (STs), Other Backward Classes (OBCs), and religious minorities. Among the 790 High Court judges in India, only 23 are from SCs, 10 from STs, 76 from OBCs, and 36 from religious minorities. Meanwhile, 70% of judges across the higher judiciary remain male, creating a homogeneous landscape that does not reflect the diversity of the country.

Barriers to Women’s Participation: Infrastructure and Environment

One of the key obstacles to women’s full participation in the judiciary is the lack of infrastructure that supports women’s needs. Many Indian courthouses lack basic amenities such as functioning toilets, which disproportionately affects women judges, lawyers, and litigants. In 2019, the Vidhi Centre for Legal Policy surveyed 665 district court complexes across India, based on the infrastructural standards set by the National Court Management Systems’ (NCMS) Baseline Report, 2012. The survey revealed that almost 100 court complexes had no toilet facilities for women, and of the 585 complexes (88%) that did have washrooms, 60% were either non-functional or inadequately maintained. This basic infrastructural deficiency discourages women from entering or remaining in the profession, especially in smaller towns and rural areas.

Beyond physical infrastructure, the courtroom environment itself can be hostile to women. The legal profession has long been dominated by men, and this has fostered a culture that is often exclusionary. Women lawyers and judges frequently face subtle and overt forms of discrimination, including biased treatment, lack of mentorship opportunities, and stigma attached to their capabilities. This results in a slower rate of progression to higher judicial positions, where decision-making power resides.

CJI DY Chandrachud’s Push for a Gender-Inclusive Judiciary

Recognizing these systemic barriers, Hon'ble Chief Justice of India DY Chandrachud has been an outspoken advocate for creating a more inclusive and gender-sensitive judiciary. In recent speeches, CJI Chandrachud has emphasized the need for court complexes to be equipped with female-friendly infrastructure, such as separate restrooms, medical facilities, and crèches for children. These measures are essential for supporting not just women judges and lawyers, but also court staff and litigants.

Additionally, CJI Chandrachud has proposed the integration of technology in the judicial process to make courts more accessible and efficient for women. Digital case filings, online hearings, and streamlined court procedures could make the system more navigable for women, especially those who face mobility and time constraints due to family responsibilities.

Challenges and the Road Ahead

While the initiatives proposed by CJI Chandrachud are commendable, their implementation is likely to face significant hurdles. Transforming the judicial infrastructure will require substantial financial investment, and budget constraints are a real concern. A 2020 report by the Ministry of Law and Justice revealed that less than 1% of India’s GDP is allocated to the judiciary, a figure that is insufficient to address these infrastructural deficits on a large scale.

Moreover, changing the cultural norms that have historically excluded women and marginalized communities from the judiciary is a more complex challenge. Addressing unconscious bias and fostering an environment where women can thrive will require ongoing training, awareness campaigns, and a commitment to gender sensitivity at all levels of the legal system.

Conclusion

While the Nari Shakti Vandan Act and initiatives by CJI DY Chandrachud are promising, they are not enough by themselves to achieve gender parity in the judiciary. India’s legal system must undergo both structural reforms and cultural changes to ensure that women and marginalized groups are adequately represented. With sustained effort and a collective push for inclusivity, the Indian judiciary can become more reflective of the society it seeks to serve.