Just 11 women SC judges since 1950, abysmal number: Justice Indira Banerjee

The representation of women in the Indian judiciary is abysmal and the Supreme Court since its inception in 1950 has seen only 11 women judges, Justice Indira Banerjee said on Thursday while highlighting the under-representation of fair gender at decision-making positions in public life.

The views of Justice Banerjee, the senior-most women SC judge, were echoed by Justice B V Nagarathna, who would become the first woman CJI.

Justice Nagarathna said that the inclusion of women in the judiciary would ensure that the decision-making process is more responsive, inclusive and participatory at all levels.

Besides justices Banerjee and Nagarathna, the CJI N V Ramana and two other women judges - Justices Bela M Trivedi and Hima Kohli -- also spoke at the first-ever International Day of Women Judges' conducted online.

Justice Kohli said there is an abysmally low number of 83 women judges out of 680 judges in the high courts and about 30 per cent women judicial officers in the subordinate courts.

Justice Banerjee, who spoke first, hailed the CJI for the rare distinction of swearing-in three women judges in one go in August last year and expected that many more would be appointed by the time she demits office in September this year.

Women have to be part of the substantive equality by affirmative action and not just formality, she said, adding, despite the increase in the number of women in public life the women are significantly under-represented in decision making positions.

"Today women are still under-represented among those who take decisions that will impact future generations. Achieving the intergenerational and intergenerational justice is a goal of the women and men and empowerment of women is one of the sustainable development goals," she said.

Observing that the Indian judiciary cannot excel if women are left behind, she said, In India, the representation of women in the judiciary has been abysmal since its inception in 1950, the Supreme Court has seen only 11 women judges.

In high courts, the proportion of women is low, in Madras High Court, with an approved judge strength of 75 judges, and now with 59 judges, it has 12 women on the bench.

She said the Delhi High Court has seven women judges, out of 34 on the bench and the Bombay High Court has a strength of 59 judges and has only six women judges. The Punjab and Haryana High Court has seven and the Calcutta High Court has only five women. The high court of Tripura has no women at all...The Allahabad HC, the largest high court in terms of the sanctioned strength of 160 judges and with the current strength of 93, has only five women on the bench, she said.

Justice Nagarathna said the presence of women judges gives democratic legitimacy to the seat of dispute resolution because it enhances diversity on the bench.

She said higher numbers and greater visibility of women judges can increase the willingness of women to seek justice and enforce their rights through the courts.

We have all recently celebrated the historic elevation of three women judges to the Supreme Court of India in August 2021 under the leadership of Chief Justice of India Shri Ramana along with his four other senior-most colleagues, Justice Nagarathna said.

Totally, we are now four women judges in the Supreme Court. I think this would bring about a paradigm shift in the composition of the apex court of the country which, I believe, is a beginning of a new era in the history of this great institution, she said.

Justice Hima Kohli said in an ideal situation, women ought to be represented in equal numbers in the judiciary just as men, keeping in mind their ratio in the general population and the number of female students who have graduated in law.

But that is not the case. The reality is that even after India has completed 75 years of independence, it is for the first time that there are four women judges out of 32 judges in the Supreme Court., she said.

Speaking at the occasion, Justice Trivedi, said gender equality is one of the major sustainable development goals and action in one will impact the development in another.

Justice Trivedi said as per 2021 data of the law ministry, only 12 and 18 per cent of posts of judges in high courts and district courts respectively are represented by women judges. In 2021 history was created when 3 women judges were elevated and for that, we are grateful to the Chief Justice of India, she said.