Introduction:
Recently, the Chief Justice of India (CJI) expressed support for the idea of having 50% of judges in the Supreme Court as women.
It is noteworthy that only 10 women have ascended to the esteemed position of judges in the apex court of India to date.
Main Body:
How women in the judiciary will ensure fair justice delivery:
- Motivates More Women to Seek Justice:
- Higher numbers and greater visibility of women judges can serve as an inspiration for women to seek justice and assert their rights through legal channels.
- Women are more likely to feel confident about approaching the judiciary when they see women judges on the bench.
Facilitating Open Expression of Grievances:
- Women, often subjected to societal pressures and biases, may find it easier to openly and without fear present their grievances before women judges.
- This can lead to a more comprehensive and empathetic understanding of the issues at hand.
Alternative Perspectives:
- In cases not directly involving women, a female judge can offer a unique perspective distinct from their male counterparts.
- Diversity on the bench introduces alternative and inclusive viewpoints, contributing to more balanced statutory interpretations.
Enhancing Judicial Reasoning:
- Increased diversity within the judiciary empowers it to better understand and respond to diverse social contexts and experiences.
- Varied backgrounds and perspectives can enrich the quality of judicial reasoning.
Way Forward:
Changing Patriarchal Mindset:
- To ensure fair justice delivery, it is imperative to challenge and change patriarchal mindsets that may perpetuate gender bias in the judiciary.
- Empowering women in all spheres of society is essential for achieving fairness in justice.
Provision of Reservation:
- Given the historical underrepresentation of women in the judiciary, it is high time to initiate a debate on the reservation of seats for women in the judiciary.
- Reservation can be a powerful instrument in ensuring gender diversity within the legal system.
Conclusion:
To truly reflect the diversity of India, the judiciary must include judges from various gender identities, including trans and non-binary individuals, as well as individuals from different castes, socioeconomic backgrounds, religions, and regions.
Achieving this level of diversity will not only ensure fair justice delivery but also promote social harmony and inclusivity within the legal system, aligning it with the ideals of a democratic and just society.