PATRIARCHY IN THE COURT ROOM

 - BY SWATI PAL

Recently, I had the opportunity to watch the Netflix series "Mamla Legal Hai," a witty

exploration of the judiciary and its inner workings. The show adeptly tackles significant

issues such as nepotism in the judiciary, the challenges faced by women advocates, and the

pervasive nature of patriarchy and male dominance. A particularly striking moment was

when advocate Sujata Negi was dismissed by her male colleague, advocate PP, in the

courtroom before a female judge vividly illustrating the undervaluation of female advocates in

the legal field. This moment ignited my reflection and solidified my decision to choose this

topic for further exploration.

The widespread presence of male dominance within the framework of patriarchy is

particularly troubling in the context of India, the world’s largest democracy. In such a society,

where representation is fundamental to maintaining the principles and ideals of democracy,

this representation must be mirrored in the socio-political and economic institutions.

However, a paucity in the representation of 48% of the population in these institutions points

towards a dismal condition of India's democratic system.

The Indian judiciary is blamed for its low number of female judges, extremely stringent

recruitment process, and the sexual atmosphere prevalent in the courtrooms. It becomes

extremely crucial to do away with the status quo and address the immediate need for a more

gender-diverse setting that can accommodate different ideas and experiences.

Let us explore the various factors influencing the underrepresentation of women in the Indian

judiciary. The stipulation of a minimum practice experience of seven years as an advocate or

pleader, often interpreted as seven years of uninterrupted practice, presents a considerable

obstacle for women. Many women encounter societal and familial pressures concerning

marriage and motherhood, which can interrupt their legal careers and hinder their ability to

fulfil these requirements. The judiciary is often characterised by a patriarchal culture, which

results in discrimination against women and a lack of equal recognition in legal proceedings.

This environment can discourage women from pursuing or continuing careers in law. The

absence of essential facilities, such as maternity leave and suitable working conditions,

contributes to the high attrition rate among female lawyers. As a result, many women choose

to leave the legal profession for more supportive roles in the corporate sector.

There is a significant disparity in the representation of women in higher courts compared to

lower courts. While some progress has been made in lower courts, the appointment

processes for positions in the higher judiciary—relying on a collegium system—do not reflect

the same level of gender diversity. Ingrained societal attitudes towards gender roles can lead

to a "leaking pipeline" effect, where women voluntarily leave the profession due to traditional

expectations and the challenges they encounter in the legal field.

The underrepresentation of women in the Indian judiciary undermines the democratic

system, as it fails to reflect the gender composition of the population—women constitute

approximately 48%. This lack of representation can lead to judicial decisions that overlook

the perspectives and experiences of women, thereby eroding the legitimacy of the judicial

system. Research indicates that gender-diverse benches are more adept at addressing the

needs of women and marginalised groups, promoting a more equitable legal framework.

A homogenous judiciary undermines public confidence in its impartiality, as diverse benches

are perceived to be more adept at addressing a broader spectrum of societal issues, which

is crucial for building trust in democratic institutions. Furthermore, a judiciary predominantly

composed of male judges risks perpetuating patriarchal biases, thereby reinforcing

traditional gender roles and systemic inequalities. The lack of female judges leads to a

limited interpretation of justice, restricting the judiciary's capacity to effectively tackle

complex social challenges. Historical and landmark cases, such as Vishaka vs. the State of

Rajasthan, the Amendments to the Hindu Succession Act of 1956, and the Justice Verma

Committee, demonstrate how female judges have played a vital role in advancing women's

rights and addressing gender issues in the legal framework. This reinforces the argument for

increasing female representation within the judiciary.

As of 2023, women constitute approximately 36.3% of judges in subordinate courts, up from

27.6% in 2018. The representation of women judges in High Courts has increased slightly

from 10% in 2018 to 13.4% in 2023, with only 11.5% of judges being female. The Supreme

Court remains the least representative, with only 9.4% (3 out of 32 judges) being women as

of December 2023, a marginal increase from 4% in 2018. The High Courts of Punjab &

Haryana, Delhi, and Bombay have the highest number of women judges. Conversely, states

like Orissa, Jharkhand, and Chhattisgarh have only one woman judge each, while Patna and

several others have none showing the ingrained regional disparity. This data shows insights

regarding the current status of women in the judiciary which is not very encouraging.

Thus, this discussion surrounding patriarchy gains greater significance in light of Chief

Justice Chandrachud's statement: "We must, without question, change the fact that only 6.7

percent of our court infrastructure at the district level is female-friendly." It is apparent that

there is a need for gender quotas that establish minimum representation targets for women

in judicial positions, particularly in higher courts. The judiciary should revise its selection

criteria to ensure that judicial appointments are transparent and equitable, allowing for a

more diverse pool of candidates. Additionally, mentorship initiatives and support networks

should be created to connect aspiring female judges with experienced women in the field.

Implementing family-friendly policies, including flexible working hours and childcare support,

will help women balance their family responsibilities more effectively. Furthermore, training

for judges is essential to address biases and cultivate an inclusive environment within the

judiciary. Promoting advocacy from civil society organisations will also be crucial in

advancing women’s representation in the judiciary.

References:

https://acrobat.adobe.com/id/urn:aaid:sc:AP:0fa29a8e-1153-42db-84e2-dd97c9ff1767

https://www.civilsdaily.com/29th-october-2024-the-hindu-op-ed-the-under-representation-ofwomen-

in-the-judiciary/

https://www.linkedin.com/pulse/does-indian-judiciary-have-patriarchy-problem-nitika-gupta-y

41cf?trk=article-ssr-frontend-pulse_more-articles_related-content-card

https://www.main.sci.gov.in