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GENDER INEQUALITY IN JUDICIARY


8th December 2021


Introduction

Gender inequality is the major issue in today modern world, but in the judiciary, it is very worrying that the judiciary is called as “Protector of democracy” and their institutions have gender inequality. This issue has arisen when a PIL has filled by the Supreme court women lawyer association in the Supreme court.

The Chief justice of India has also risen this concern in a press conference. “It is your right. It is not a matter of charity…Enough of this thousand of years of suppression,” Chief Justice Ramana said. He also quoted KarlMarx quotes, “Women of the world, unite! You have nothing to lose but your chains.”.

Gender inequality in the supreme court

The first women justice in the Supreme court was Fatimah beevi. She was appointed on 6 October 1989. After independence, there have been only 11 female justice in the supreme court. Only 11 of 256 judges were female it means 4.2% have served. At present, there are 4 female judges out of 33 judges (12%) in the supreme court are Indira Banerjee, Hima Kohli , Bela Trivedi and B.V Nagarthana. And thereof them are appointed in 2021. Before them, there was only one female judge Indu Malhotra in the supreme court. The horrific thing is that there have been no female CJI in India since the foundation of the Supreme Court.

Gender inequality in High Court and District Court

The number of female judges in the High Courtsis not good. There are 11% female judges in the high court. In five high courts, there are no female judges, and in six other high courts, the share of female judges is less than 10%. The percentage of female judges in Madras and Delhi high court is relatively higher than the others.

Women judges depiction in the District court are hardly better in District Court. There were 28% of judges who were female as of 2017.

The number of female advocates is also shocking. Of the 1.7 million advocates,there are only 15% female advocates. Solely two of the elective representatives within the state Bar Councils are women.

Even an experienced lawyer like senior Supreme Court attorney Meenakshi Arora recounts how the judges were exceedingly antagonistic and almost tossed the file out while she was defending a case a few years back. However, when a male senior made the same justification a few years later, it was accepted. "You must have an open mind. "Don't glance at my sexual identity, don't look at my face, just look at the argument I'm trying to make," Arora adds.


However, there are some judges who are supportive of women. "Many years ago, a judge saw me like a well young junior facing up against a senior. He granted me complete and total authority to plead the case.

Women, on the other hand, are not supposed to be assertive, and those who do are labelled as cantankerous or nasty. Retired Delhi High Court Chief Justice A.P. Shah recalls recommending a female lawyer for a position as a judge, but she was turned down because she was "rude." "When a male lawyer responds to a judge in a specific way, it is typically accepted in stride. "However, if the same words were spoken by a woman, it would become a topic of conversation at the bar or just on the bench, and not in a nice way," he argues. Shah is one of very few High Court chief justices who has recommended a large number of women for judicial positions; nonetheless, many of the names have been rejected.

Men who are arrogant or patronising are likewise a problem for women. "Either they're cruel to you or they'd like to put you under their protective canopy, which is the old boys club." "They don't like independent women who can stand on their own two feet," Supreme Court advocate Shilpi Jain adds.


Conclusion

Men's dominance in government agencies results in the deprivation of justice to women who are harmed by men. The existence of men in government institutions deters women from approaching government offices to assert their rights under the law. Particularly when women are victims of crimes such as rape, sexual assault, eve-teasing, and other rights violations. Male officers possess the majority of high-ranking positions in government organisations, and they are unable to deal with women's concerns without bias, as the rule of law emphasises. They usually try to persuade women not to give up their rights or to condone offenders' actions by implying that they would lose their virginity, reputation, and dignity, among other things, relying on the girls' standing. Masculinity strives to safeguard male criminals who lack pecuniary rewards by suppressing feminine gender in every manner possible, setting terrible precedents and resulting in the non-implementation of all kinds of women's legislation.

We have offered numerous legislative provisions and welfare programmes in India to improve women's status and turn women into development initiatives, but owing to cultural, historical, social, economic, educational, and political considerations, we have yet to accomplish the desired results. Women should place a premium on news and general knowledge in the media. Women have comparable issues, and males use similar strategies to fool girls, such as love via false promises, trafficking women through fraudulent work opportunities, and other forms of cheating that may be learned through the media.

To give women confidence in the legal system, the traditional social control scheme should be strengthened and expanded. Child Help Line and Help Line for Women in Trouble, Employer Intervention Against Sexual Harassment at Work, and Women's Reservation Election are all solid policies that are working well.

Modern mechanical life, dietary patterns, hormonal changes in adolescents as a result of internet exposure, a growth in divorce cases, and other necessities of the globalised technical era necessitate commercial sex job licensure. Through joint family housing arrangements, appropriate social control systems such as cultural mores, norms of a society, traditions, values, customs, and other approaches that promote respect for parity, independence, and respect for women will be prioritised.


About The Author

Hefaz Rahmat

Research intern ,

The Stambh Organisation, India

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