A Democratic Society Expects Equal Representation Of Women In Judiciary : Justice Bela Trivedi

Participating in the event along with three of her female colleagues from the Supreme Court, Justices Indira Banerjee, Hima Kohli, B.V. Nagarathna and also the CJI, Justice N.V. Ramana, Justice Bela M. Trivedi addressed the 6000 judicial officers and the audience present for the event on the importance of female representation in the judiciary.

Talking of the symbolism that goes with celebrating women on a particular day, she stated that, in a way, it is essential to further the principles of justice and equality envisaged in the Preamble of our Constitution. She asserted that gender equality being 5th of the 17 sustainable development goals set out by the United Nations in the year 2015 to be achieved by 2030, it is all the more important to enhance women's representation.

She believed that the importance of equal representation of women in judiciary lies in the fact that it balances the scale of justice which is crucial to dispense complete justice.

Justice Trivedi stated -

"Let us say the whole world is nothing but the cosmic dance of Lord Shiva. And one of the forms of Lord Shiva is Ardhnarishwar - Shiva and Shakti. It represents the wholeness of human existence."

Drawing an analogy from the same, she said that the wholeness and completeness of justice also demands equal representation. Referring to the goddess of justice as a moral force in the judicial system she elucidated the significance of her attributes, which in her opinion, were reflective of the qualities that a woman judge possesses.

"In female form her attributes are a blindfold; a set of scales and a sword. As we all know, the blindfold represents impartiality; the set of scales represents quality and the sword represents authority and enforcement of law."

In her opinion virtues like honesty, patience, credence, impartiality, independence are the traits which are essential for effectively dispensing justice, are also qualities, largely, imbibed by women.

She noted that one of the reasons cited by the UN General Assembly to proclaim International Day of Women Judges was the minuscule representation of women at the Bench at all levels of the judiciary. In India, she pointed out, 12% of working strength in High Courts and 28% in the district judiciary is representative of women judicial officers.

Referring to the elevation of three women judges to the Supreme Court last year, she stated -

"It is for the first time after independence history was created in 2021 on elevation of 3 women judges to the Supreme Court for which we are grateful to our Hon'ble CJI and esteemed members of the collegium."

Justice Trivedi expressed concern that society, one of the important stakeholders of judicial process, might perceive the poor representation in the judiciary to be the lack of sensitivity of the institution towards the need of a vulnerable section of the society. She opined that democracy demands equal representation in its strongest pillar.

"The expectation of a democratic society would be to see that there is equal representation of women in the judiciary which is the strongest pillar of democracy."

Quoting Henrik Isben, she emphasised on the need of more women judges as they are better equipped to understand the complexities of issues often brought to the Court by women litigants.

"A woman cannot be herself in the society of the present day which is exclusively masculine society with the laws framed by men and with a judicial system that judges the feminine conduct from masculine point of view."

Citing examples of women judges who had achieved much in a male-dominated profession, she encouraged more women to embrace the legal profession.

"Justice Anna Chandy, one of the women judges in the British Empire who after independence became the first female member of the Bench of Kerala High Court. Justice Leila Seth was the first woman judge to become the CJ of Himachal Pradesh High Court. She had immense contribution to her credit for take on rape laws and succession laws. Justice Fathima Beevi was also first female judge of SC. All these women judges have shown to the world that women are capable of tackling any crisis."

She ended her speech by advising women judicial officers and professionals to realise their inner strength because only then can they be truly free from external domination.

"If one wants to be free from outer domination, one has to realise one's inner strength. So on this special day, I would wish each and every woman best wishes for realising their inner strength."