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Women in Judiciary: The Need for Gender Equality

The representation of women in the judicial system, particularly in India, is alarmingly low. The number of women practicing law, serving as senior lawyers, or heading law firms is minuscule in comparison to their male counterparts. The disparity becomes even more pronounced when we consider the number of women judges or Chief Justices. Currently, there are only 62 female judges in the High Courts of India, in stark contrast to 611 male judges.

This gender imbalance can largely be attributed to the deeply entrenched patriarchal mindset in Indian society. However, it would be wrong to assume that this disparity is due to a lack of merit or ability among women.

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How can we induce a transformation?

The democratic process, as it stands, does not provide enough safeguards against the oppression of minority groups, including gender minorities. This necessitates the introduction of affirmative action to rectify the situation.

The collegium system, which is the method by which judges of the Supreme Court and High Courts of India are appointed by the President, needs to be reevaluated. It is crucial that the ratio of female to male judges in the collegium mirrors the ratio in society at large. This can help eliminate any inherent bias in the selection process.

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Why is gender equality in the judiciary crucial?

A greater representation of women on the judicial bench can undoubtedly make the jurisprudence more inclusive, equitable, and fair.

For a democracy to function effectively, the judiciary should reflect the diversity of the society it serves. The call for gender equality in the judiciary is not an argument against merit but rather a plea for inclusion. A judicial bench that includes women brings diverse experiences to the table, which can contribute significantly to the decision-making process. This diversity can enrich jurisprudence and eliminate bias. Moreover, the presence of female judges can make the court environment less intimidating for women litigants, and female judges are likely to exhibit greater sensitivity towards their grievances.

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