Presence Of Women Judges Gives More Democratic Legitimacy To Courts By Enhancing Diversity : Justice BV Nagarathna

Addressing the participants and the audience in the virtual event, Justice B.V. Nagarathna stated that the International Day of Women Judges is celebrated as a symbol of the various accomplishments of the female members of the Bench. She believed that it would inspire young women professionals, who aspire to become judges.

Quoting Judge Vanessa Ruiz, Senior Judge for the Court of Appeals in the District of Columbia (D.C.), United States of America, Justice Nagarathna highlighted that the representation of women in the judiciary would encourage female litigants and in turn make courts accessible to a wider populace.

"By their mere presence, women judges enhance the legitimacy of courts, sending a powerful signal that they are open and accessible to those who seek recourse to justice." - Judge Vanessa Ruiz

She stated -

"It is in that context that I stress on the importance of altering the demographic of the judiciary - whether lower or higher judiciary to include more judges."

More women in judiciary would also impact the decision making process at all levels - it would become more responsive, inclusive and participatory at all levels, she stated. Women judges would also bring in their unique perspective to cater to specific needs of women. The women litigants would be more willing to seek justice and enforce their rights. And in the process, the justice delivery system would become more inclusive and effective.

"Women judges deciding gender issues are likely to come up with more empathetic and better courtroom experience for the victims…Women judges in the judiciary would serve to secure women's rights by providing an impetus to enforcement of such rights and to cater to specific needs of women. As a result, the quality of justice dispensation system will itself improve."

She noted that the judiciary as an institution needs to be sensitive, independent and free from biases. Acknowledging that there is no single way to achieve the same, it was emphasised that diversifying representation is a step in the right direction to approach and consider cases from multiple perspectives. Thus, upholding the credibility of the institution of justice.

"By promoting gender diversity in judiciary and thereby diversifying the life experiences of those who adjudicate cases we will move several steps closer to ensuring that a multitude of perspectives have been considered, weighed and balanced in arriving at decisions."

Justice Nagarathna observed that though a considerable number of women enter the legal profession, very few are able to rise up. Therefore, she was of the view that women's entry; retention; growth; advancement to higher echelons in the profession - all have to be ensured to achieve effective participation.

"We often find that women who enter the legal profession get into it, but very few get up. To holistically understand the effective participation of women in judiciary, it is important to look at the entry of women into the legal profession; retention of women and growth of their numbers in the legal profession; advancement of women in numbers to senior echelons of the profession"

She emphasised that diversity in representation would encourage bringing the women's perspective to the male-dominated courtrooms. It would also bring about a larger change in the way people view gender roles.

"When a woman judge decides a case she brings her life experiences to the ambit of judicial decision making which are pertinently different from men. Thus, according to this theory inclusion of women would make law more representative…Presence of women judges gives more democratic legitimacy to the seat of dispute resolution because it enhances diversity of the Bench."

She believed that visibility of more women in judiciary would pave the way for greater women representation in other pillars of democracy. She asserted now that, for the first time, there are four female judges at the Supreme Court, it would usher in a new era of women's participation in the judiciary. Though arguing the need for better women representation, she acknowledged the efforts made by her male colleagues who have been instrumental in protecting rights of women.

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