Greater representation of women in judiciary would improve overall quality of judicial decision making, says Supreme Court

The Supreme Court has observed that a greater representation of women in the judiciary, would greatly improve the overall quality of judicial decision making and this impacts generally and also specifically in cases affecting women.

"Many have stressed that increased diversity within a judiciary, and ensuring judges are representative of society, enables the judiciary as a whole to better respond to diverse social and individual contexts and experiences", a bench of Justices BV Nagarathna and Satish Chandra Sharma has said.

Court has said that to holistically understand women’s effective participation in the Judiciary, it is important to look at three main phenomena: (I) the entry of women into the legal profession; (II) the retention of women and growth of their numbers in the profession; and (III) the advancement of women, in numbers, to senior echelons of the profession. 

With this view, the top court has set aside the discharge from service order of a woman civil judge from Rajasthan belonging to the Scheduled Tribe category. "The country will greatly benefit from a judicial force that is competent, committed and most importantly, diverse. The appellant has shown great perseverance by fighting societal stigmas and gaining a rich education that will ultimately benefit the judicial system and the democratic project", the bench added. 

Court in its judgment further outlined how advancing women’s greater participation in the judiciary also plays a role in promoting gender equality in broader ways:

a. Female judicial appointments, particularly at senior levels, can shift gender stereotypes, thereby changing attitudes and perceptions as to appropriate roles of men and women.

b. Women’s visibility as judicial officers can pave the way for women’s greater representation in other decision-making positions, such as in legislative and executive branches of government.

c. Higher numbers, and greater visibility, of women judges can increase the willingness of women to seek justice and enforce their rights through the courts.

On the aspect of termination from service, supreme court has said, in deciding whether, in a given case, a termination was by way of punishment or not, the courts have to look into the substance of the matter and not the form. 

Case Title: PINKY MEENA vs. THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR & ANR.

" target="_blank">Download judgment here.