Q.2 Discuss the desirability of greater representation to women in the higher judiciary to ensure diversity, equity and inclusiveness.

Model Answer:

Introduction

Diversity in the judiciary is crucial for maintaining public trust and confidence in the judicial system. It ensures that the judiciary reflects the society it serves, promoting fairness and inclusiveness. However, the representation of women in the higher judiciary in India remains low. As of 2023, only 4 out of 34 judges in the Supreme Court were women, and similar trends are observed in various High Courts.

Body

Several factors contribute to the limited representation of women in the higher judiciary:

• Patriarchal Society: Traditional gender roles and societal expectations often discourage women from pursuing long-term careers in law.
• Lack of Opportunities: Women face fewer opportunities for mentorship and networking, which are crucial for career advancement in the legal field.
• Work-Life Balance: The demanding nature of legal professions, coupled with societal expectations of women to manage household responsibilities, often hinders their career progression.

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Greater representation of women in the higher judiciary offers numerous benefits:

• Diverse Interpretation of Laws: Women judges bring different perspectives and experiences, leading to more comprehensive and empathetic interpretations of laws.
• Role Models: Increased visibility of women in higher judiciary positions can inspire and encourage more women to pursue careers in law.
• Enhanced Public Trust: A gender-diverse judiciary can enhance public confidence in the judicial system by reflecting the diversity of the population it serves.

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To increase the representation of women in the higher judiciary, several measures can be taken:

• Reservation of Seats: Implementing a reservation policy for women in judicial appointments can ensure a minimum level of representation.
• Sensitization Programs: Conducting gender sensitization programs for existing judges and legal professionals can create a more inclusive environment.
• Mentorship Programs: Establishing mentorship programs for women lawyers can provide them with the necessary guidance and support to advance in their careers.

Conclusion

In conclusion, a gender-diverse judiciary is essential for a diverse country like India. It ensures that the judiciary is more representative and inclusive, promoting fairness and equity. However, challenges such as societal resistance and institutional inertia may hinder the implementation of these measures. A multi-faceted approach, including policy changes, awareness programs, and mentorship initiatives, is necessary to achieve a gender-inclusive judiciary.

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