Women’s Day | Navigating Challenges as a Woman in the Indian Judiciary

Women’s Day | Navigating Challenges as a Woman in the Indian Judiciary

"A woman cannot be herself in a society dominated by men, where laws are shaped by men and a judicial system views feminine conduct through a masculine lens." – Henrik Ibsen

In a recent statement, Justice B.V. Nagarathna observed, "It’s not enough to focus solely on the increasing number of female judicial officers; what truly matters is ensuring they work in an environment that supports them with sensitivity and guidance."

The Indian judiciary has witnessed a notable increase in the participation of women, especially within the subordinate judiciary. This growth is celebrated as a step toward diversity, and while it certainly brings new perspectives to decision-making, the effective participation of women remains far from being fully realized.

The notion of formal equality in numbers often doesn’t equate to genuine equality in practice, as women’s representation remains disproportionately low in higher courts. While the 2023 'State of the Judiciary' report indicates that women now make up 36.3% of the district judiciary, the numbers drop significantly in higher courts. Women constitute only 13.4% of judges in High Courts and a mere 9.3% in the Supreme Court. Notably, out of India’s 25 High Courts, only one is headed by a woman, and the Supreme Court Collegium has very few female judges.

The question remains: why are women judges so underrepresented in senior judicial positions?

A key issue is the lack of a level playing field. As former Chief Justice of India D.Y. Chandrachud once pointed out, women have never been a priority in institutional design. As they strive to break into these exclusive spaces, they often face institutional indifference or, worse, hostility.

This systemic bias leads to high attrition rates and stagnation for women, particularly in entry- and mid-level roles. In fact, India will only have its first female Chief Justice, Justice B.V. Nagarathna, in 2027 — and only for 36 days. In contrast, male Chief Justices typically hold the position for an average of 18 months.

Despite the increase in female representation, the judiciary is still primarily male-centric and often fails to address gender-specific issues, from the time a woman judge enters the system to her retirement. Instances of gender-based challenges continue to arise, whether it's a lack of accessible infrastructure, hostile work environments, or stigmatization. On this International Women’s Day, we explore three such challenges.

1. Stigmatization During Probation

Recently, Justices Nagarathna and NK Singh reinstated two female judicial officers in Madhya Pradesh whose services had been terminated during probation. The reasons cited included low disposal rates and pending complaints. However, one of the judges faced unjust termination despite explaining the personal difficulties she had endured, including marriage, illness, and a miscarriage.

The court recognized that the difficulties faced by the female officer were not adequately considered, highlighting the need for a more nuanced approach to evaluating judicial performance — one that accounts for gender-specific challenges. Justice Nagarathna aptly questioned whether such criteria would be applied to male judges if they experienced similar circumstances, such as menstruation or miscarriage.

2. Lack of Accessible Infrastructure

Women judges often face challenges due to inadequate physical infrastructure. Many court complexes lack private restrooms for female judges, forcing them to either share public facilities or return home during the day. The report shows that while 80% of district court complexes have separate ladies' toilets, these facilities are often in poor condition, with broken doors or unreliable water supply. Moreover, only 6.7% of these facilities offer sanitary napkin vending machines.

Gender-specific amenities, like childcare facilities, are also scarce. As of 2023, only 13.1% of district court complexes have a dedicated creche, and in states like Uttar Pradesh, Andhra Pradesh, and Uttarakhand, no such facilities exist.

In one troubling example, a female judicial officer from Gujarat had to seek permission from a male judge to use his restroom due to the lack of accessible facilities.

3. (In)Voluntary Resignations and Hostile Transfers

A particularly stark example of gender discrimination occurred when a female Additional District and Sessions Judge from Madhya Pradesh, who had filed sexual harassment allegations against a senior judge, was transferred to a naxal-affected region. The judge ultimately resigned, citing the harassment and her mid-term transfer, which was particularly difficult as it coincided with her daughter's board exams. Despite the allegations being dismissed by an inquiry committee, the judge's resignation was not voluntary but was a direct result of the harassment and lack of institutional support.

When women judges file complaints, they often face victimization and retaliation, as seen in the case of an Allahabad High Court judicial officer who faced delays and humiliation when seeking a fair hearing for her sexual harassment complaint.

Conclusion

The experiences of female judicial officers in India reveal that true equality goes beyond mere representation. It requires creating an environment where women can thrive without facing stigma or discrimination. If the judiciary is to uphold justice, it must first ensure that justice is delivered within its own ranks by fostering inclusivity, sensitivity, and meaningful opportunities for all. True equality in the judiciary requires more than numerical parity; it demands substantive equality.

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