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Women in Judiciary

Writer's picture: Mrm LegalxpMrm Legalxp

In a significant address, a Supreme Court judge, anticipated to be the first woman Chief Justice of India, made noteworthy remarks on the role of women in society and the family unit. Justice BV Nagarathna asserted that "a son is a son till he gets a wife, but a daughter is a daughter for life," highlighting the enduring bond with daughters. Emphasizing the imperative for increased female representation in the judiciary, Justice Nagarathna deemed it a crucial step toward achieving gender equality.


During the 28th Justice Sunanda Bhandare Memorial Lecture in New Delhi, Justice Nagarathna acknowledged the pivotal role courts play in eliminating discrimination within state mechanisms. Despite these advancements, she noted the absence of a fully realized "new woman identity."

Discussing challenges faced by pregnant women in the workplace, Justice Nagarathna decried intrusive inquiries and job displacements after maternity leave, citing judicial pronouncements against such practices.


Addressing the dynamics of the family unit, Justice Nagarathna stressed the equal importance of men and women as pillars of marriage. Amid rising domestic issues, she urged men to abandon condescension, emphasizing the sustenance of family and marital institutions based on mutual happiness and well-being.


Justice Nagarathna called for men to recognize that empowering women through financial and educational independence is crucial. Balancing empowerment without leading to a power dynamic or disrespect is essential for sustaining marriages and families, she added.

Highlighting the need for inclusive and diverse judicial institutions, Justice Nagarathna urged Justice KV Viswanathan, anticipated to become Chief Justice, to make the judiciary more inclusive. This, she emphasized, would be a fitting tribute to Justice Bhandare and contribute to the credibility and legitimacy of the courts while fostering gender-neutral spaces.


Here are some key points related to women in the judiciary:

  1. Representation: Historically, the representation of women in the judiciary has been limited. However, there has been a gradual increase in the number of women pursuing legal careers and ascending to judicial positions in many countries. Efforts to enhance diversity and inclusion in the judiciary have contributed to this positive shift.

  2. Barriers and Challenges: Women in the judiciary have often faced various barriers and challenges, including gender bias, stereotypes, and systemic obstacles. Attaining leadership positions, such as Chief Justice, has been particularly challenging for women.

  3. Advocacy for Gender Equality: Many women judges and legal professionals actively advocate for gender equality within the legal system. They work towards dismantling discriminatory practices, promoting equal opportunities, and addressing gender-based biases in legal proceedings.

  4. Landmark Decisions: Women judges have played pivotal roles in delivering landmark decisions that have advanced women's rights and gender equality. Their perspectives and experiences contribute to a more nuanced understanding of legal issues, especially those related to gender-based discrimination and violence.

  5. Role Models: Women judges serve as role models for aspiring female lawyers and jurists. Their presence in the judiciary inspires future generations of women to pursue careers in law and aspire to leadership roles within the legal profession.

  6. Policy Reforms: In various jurisdictions, there have been efforts to implement policies and reforms aimed at promoting gender diversity in the judiciary. This includes initiatives to address biases in the selection process, provide mentorship programs for women in law, and create a more supportive and inclusive legal environment.

  7. Challenges Persist: Despite advancements, challenges persist. Issues such as the underrepresentation of women in top judicial positions, gender-based discrimination within the legal profession, and work-life balance concerns continue to be areas of focus for ongoing efforts towards gender equality in the judiciary.

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