Former Supreme Court Judge Indira Banerjee emphasized the gender imbalance in the higher judiciary, becoming the eighth woman appointed to the court in 68 years. She expressed hope for increased female representation in the future.
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NEW DELHI: On Tuesday(19th March), The persistent issues of gender disparity within the Indian judiciary, former Supreme Court Judge, Indira Banerjee, highlighted the significant “gender imbalance in the higher judiciary.” she shared her thoughts,During an Adhivakta Parishad event for International Women’s Day.
Justice Banerjee’s tenure in the Supreme Court, from August 7, 2018, to September 23, 2022, distinguished her as the eighth female judge in the 68 years since the enactment of the Indian Constitution.
“I was the eighth woman to be appointed judge of the Supreme Court in 68 years after the Constitution came into force…. Why do you have this gender imbalance in the higher judiciary?”
-she questioned.
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Even though women consistently outperform men in state judiciary exams, with about 60 percent of successful candidates being women, their presence in higher judicial roles remains minimal. Justice Banerjee noted that systemic obstacles, including appointment processes and societal expectations, contribute to this gender imbalance.
“So why is it that they do well when it comes to competing in an examination but we can’t make it to the higher judiciary? This is because of the system of making appointments — that 33 percent of the members are appointed from the judiciary and 66 percent are appointed from the bar…,”
-she elucidated.
The challenges for women extend beyond professional hurdles, touching upon deep-seated societal norms and expectations. Justice Banerjee highlighted the additional burdens placed on women, particularly those related to maternity and household responsibilities, which often force them to take breaks from their careers.
“And then of course the mindset which expects the woman to play second fiddle at home to do only household chores. The man of the family will be excused if he doesn’t meet his relatives, but the woman is expected to socialise, is expected to be there,”
– she remarked, Highlighting the gendered expectations that hold back women’s progress in their careers.
Moreover, Justice Banerjee expressed her aspirations for the future, hoping for a judiciary that sees at least 40 percent female representation, including in the highest offices such as the Chief Justice of India.
“I hope there will be more women in the Supreme Court. At least 40 percent. There will be more women who will even adorn the top office in the higher judiciary and become Chief Justice of India,”
– she envisioned.
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Agreeing with Justice Banerjee, Delhi High Court Judge Justice Pratibha M Singh emphasized the vital roles women hold in families and as agents of change. She noted that although women make up 50 to 60 percent of law students, only around 15 percent become practicing advocates due to societal prejudices.
“I think that is because of society, the general feeling in society that women lawyers are not good homemakers,”
-Justice Singh stated, advocating for a shift in societal mindset towards women in the legal profession.