Inclusion Of More Women In Judiciary Will Ensure That Decision Making Process Is More Responsive, Inclusive & Participatory At All Levels: Justice B.V. Nagarathna

Supreme Court Judge, Justice B.V. Nagarathna on Tuesday, made a clarion call for diversification of the legal profession, and opined that the lack of the same in the Bar and the Bench would lead to systemic lack of empathy for the circumstances and issues affecting vulnerable, and the historically marginalized groups amongst others. The Apex Court Judge was speaking on the topic, ‘Embracing Equity in Justice Delivery System – Way Ahead’, at the International Women’s Day Celebrations organised by the Supreme Court Unit of the Adhivakta Parishad, yesterday."The Judiciary, at every level is required to be sensitive, independent and free from biases. While I am conscious of the fact that there is no single-point antidote that may be applied to ensure the same, I am sure, that by promoting gender diversity in the Judiciary and thereby diversifying the life experiences of those who adjudicate cases, we will be moving several steps closer towards ensuring that a multitude of perspectives have been considered, weighed and balanced in arriving at decisions. Inclusion of women in the Judiciary would also ensure that the decision-making process more responsive, inclusive and participatory at all levels," the judge said in this regard. Underscoring the importance of the Constitution in creating a responsive State that aims at enhancing public welfare and constructing a just society, Justice Nagarathna said that it is equity that would serve as the 'guiding principle' in securing justice. She explained that equity would thus represent the 'higher legal standards' and 'greater individualisation' in the application of law in rendering justice. It is on noting that the Indian justice delivery system was formed in the backdrop of deeply pervasive hierarchies, the Judge noted that in order to embrace equity, we would have to re-examine the prevailing assumptions around the legal service and justice delivery system. She thus noted that diversification would be crucial in this respect, in order to tackle the barriers to equity. "Homogeneity in the profiles of lawyers and judges would create a negative loop wherein new generations do not see themselves as having a place in the system- and in turn do not pursue the profession, pinching the pipeline at the earliest stages," she added. It is at this juncture that the Supreme Court judge was of the view that not merely symbolic, but substantive representation of women in the Judiciary is the need of the hour. The Merits In Greater Inclusion Of Women At The Bar & The BenchJustice Nagarathna stated that there are several merits in the inclusion of more women in the legal fraternity at the Bar and the Bench. Recalling the statement made by Judge Vanessa Ruiz, the senior most Judge of the Court of Appeal for the District of Columbia, United States of America, that women judges enhance the legitimacy of the Courts by their mere presence, Justice Nagarathna opined that the greater presence of women in the Bar and on the Bench, would enhance the willingness and confidence of other women, to seek justice. She highlighted the example of Vulnerable Witness Project, which was spearheaded by Justice Gita Mittal, and which had been instrumental in ensuring that witnesses would not have to face the accused and could share their testimony in a comfortable and confidential space.She further noted that the presence of women in the Judiciary would serve as a catalyst for the development of a "strong, independent, accessible and gender-sensitive judicial institutions", as well as the achievement of gender justice in society. "I would also like to state that representation for women in the Judiciary is not the only need of the hour. We need to create and foster environments, within Courts and among the members of the legal fraternity which would enable women to grow intellectually and demonstrate the merit they possess. In such an atmosphere where women are accorded fair opportunity, it would naturally follow that the number of women in the Judiciary would only enhance," the Judge added. The judge quipped that gender diversity was particularly significant in the legal profession where the presence of women plays a critical role in upholding the ideal of equality, fairness and impartiality of the justice system especially amongst disadvantaged groups.The Issue Of Underrepresentation Of Women In The JudiciaryThe Supreme Court judge noted that the problem of underrepresentation of women in the Judiciary is not limited to India, but even in international organizations such as the International Court of Justice, where women constituted a mere 20% of the total strength. However, she noted that in the International Criminal Court there was a greater balance with there being 9 women Judges out of the total strength of 18 Judges. Justice Nagarathna noted that while the number of women graduating from the leading law schools and working at junior levels in the legal profession was almost equal to their male...

Inclusion Of More Women In Judiciary Will Ensure That Decision Making Process Is More Responsive, Inclusive & Participatory At All Levels: Justice B.V. Nagarathna

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