Next step for judiciary, a woman Chief Justice of India

Presently the Delhi, Mumbai and Kolkata High Courts in addition to Madras have woman Chief Justices. This is an unprecedented development with news media widely publishing that all major High Courts are now headed by women chief justices. It is thus timely to introspect on the role and status of women in the legal profession in general and in the judiciary, in particular. 

Justice Anna Chandy was the first woman to be appointed as a High Court Judge in Kerala in 1959. Justice Fathima Beevi, also from Kerala, was appointed as the first woman Supreme Court Judge in 1989. Justice Leila Seth was the first woman Chief Justice of a High Court. We are yet to have a woman Chief Justice of India. 

Judiciary is one of the most important pillars of government and has far reaching consequences for democracy. With the decadence of politics and highly prevalent corrupt atmosphere, the judiciary is to most, the only hope for justice. Given that the Indian judiciary has also arrogated to itself vast powers due to its activism, it is important that it is diverse and has equal representation of women. 

It is untrue to state that there are inadequate number of women capable of holding these constitutional posts. Women are routinely ignored in calling up to be designated senior counsel and elevation to High Court/Supreme Court judgeship. Only 10.86% of High Court judges are women. In contrast, there is a health  representation of women in the lower judiciary where appointment is by examination. The collegiate system of appointments in the High Court and Supreme Court perpetuates an ‘old boys’ club’ where lawyers from prominent backgrounds or offices are handpicked. Merit has but a small role in such appointments.  

The judiciary which is tasked with ensuring equality before the law and equal protection of the law should investigate its own record with regard to judicial appointments. Women were allowed to practice in courts in 1922.  Anna Chandy was appointed as a munsif in Travancore by Sir CP Ramaswami Iyer, the Dewan of Travancore, in 1937. Women had thus been inducted into the judiciary in the pre-independence era. Yet like in all other fields, women find very little representation in the judiciary in general and higher judiciary in particular. 

In addition to systemic insensitivity to issues of gender, societal stereotypes with regard to careers suitable for men and women are to blame. Young girls and women are raised to believe that they should be quiet, modest, non-confrontational and non-argumentative. They are told that they should cultivate ‘soft’ skills and pursue careers that are non-threatening. Until not long ago, law was not considered a suitable career choice for women. Women who fought against all odds to become lawyers did not receive much support from their families or society. Today, thanks to proliferation of law schools, many young women are joining the profession. There is a perceptible change in the past few decades that has helped women take their place in the legal fraternity, but we have not progressed far enough.   

When Ruth Bader Ginsburg, a woman Justice of the United States Supreme Court was asked when there would be enough women judges on the Supreme Court, she said it is only when all 9 of the 9 Justices are women. It is heartening to see that 4 High Courts are headed by women, but we cannot blind ourselves to the male-dominated professional space and omnipresent glass ceiling.