Key Points:
- Supreme Court Justice BV Nagarathna advocates for more women judges in Indian judiciary
- Calls for 30% representation of women among law officers in central and state governments
- Highlights systemic discrimination hindering women’s advancement in legal professions
- Urges recognition of ordinary women’s contributions alongside high achievers
- Stresses the judiciary’s role in promoting equality and breaking gender biases
Mumbai: Supreme Court Justice BV Nagarathna, a prominent advocate for gender equality in the judiciary, has called for urgent reforms to ensure greater representation of women in India’s legal system. Speaking at a seminar organized by the University of Mumbai titled “Breaking Glass Ceiling: Women Who Made It,” Justice Nagarathna emphasized the need for elevating competent women advocates to high court judgeships and ensuring diversity within the judiciary.
Advocating Women’s Representation in Judiciary
Justice Nagarathna questioned why competent women advocates below the age of 45 are often overlooked for high court appointments while their male counterparts are considered eligible. She stressed that increasing the number of women judges would bring diversity to judicial decision-making and enhance the credibility and fairness of courts.
She also proposed that at least 30% of law officers representing central and state governments should be women. This, she argued, would not only empower women but also contribute to a more equitable justice delivery system.
Breaking Gender Biases and Recognizing Contributions
Justice Nagarathna highlighted the importance of breaking societal prejudices that define success through gendered qualities. “There is no quality for success that is exclusive to men,” she stated, urging society to ensure that future generations of girls do not face the shackles of gender roles.
She also underscored the significance of recognizing ordinary women whose primary roles as caregivers, mothers, and wives often go unnoticed. “These women form the foundation upon which their families thrive and conquer the outside world,” she remarked, adding that their contributions require intellectual ability, leadership skills, and creativity.
Systemic Challenges Hindering Women’s Advancement
While acknowledging an increase in female graduates from leading law schools, Justice Nagarathna pointed out systemic discrimination that hinders their mobility for advancement into higher positions. She noted that despite improvements at entry-level positions, representation at senior levels remains disproportionately low.
According to recent data, only 14% of sitting judges across India’s high courts are women a marginal improvement from previous years. Structural inadequacies, policy gaps, and societal biases continue to impede gender diversity within the judiciary.
Justice Nagarathna emphasized that gender diversity is particularly critical in professions serving society. Women judges play a vital role in upholding equality and fairness, especially for disadvantaged groups. She urged institutions involved in legal education and regulation to work collaboratively toward creating a more inclusive judiciary.
Judiciary’s Role in Empowering Women
Justice Nagarathna reiterated that the judiciary has historically played a pivotal role in advancing gender equality through landmark judgments. She highlighted three key dimensions of judicial intervention:
- Scrutiny of Gender-Biased Laws: Courts have subjected discriminatory laws and policies to constitutional review, ensuring fairness emerges as a central principle.
- Affirmative Action Enabler: The judiciary has amplified special laws protecting women’s rights while striking down those perpetuating discrimination.
- Societal Reform Initiator: Courts have crafted creative remedies to redress systemic injustices against women and initiated transformative social dialogue as part of constitutionalism.
Justice Nagarathna lamented that despite progress, societal structures remain biased against women from “womb to tomb.” She stressed that affirmative action by all state organs is essential to enhance women’s representation across public life, including local governance institutions.
Looking Ahead
As Justice Nagarathna is poised to become India’s first woman Chief Justice in 2027, her calls for reform carry significant weight. Her vision aligns with ongoing efforts to bridge gender gaps within India’s judiciary through policy changes and cultural shifts.
By advocating for diversity at every level from legal education to judicial appointments Justice Nagarathna seeks to create a system where equality is not just an ideal but a lived reality. Her remarks serve as a clarion call for institutions across India to prioritize inclusivity and ensure justice is accessible to all.
