"Women bring more than their legal expertise to the bench—they bring their lived experiences, empathy, and a commitment to justice that reflects the changing world." – Justice M. Fathima Beevi, the First Woman Judge of the Supreme Court of India

WOMEN - AN INDISPENSABLE PART OF THE INDIAN JUDICIARY

Justice is inclusive. It is the true bedrock of any efficient democracy and phenomenon free from any biased or bigoted system. The lone purpose for the existence of the judiciary is the administration of justice. It is incumbent upon the legal system to foster gender parity and promote social diversity as it is a critical function of judiciary in delivering justice. The complexity of issues and the intricate labyrinth of safeguarding fundamental rights make the process of justice administration extremely tedious. On top of it, the gargantuan figures of the Indian population worsen the situation. This calls for diverse viewpoints to address the incommensurable needs of the people. Thereby the induction and proliferation of women in the judiciary becomes an indispensable task.

DEARTH OF WOMEN IN THE JUDICIARY

India is not a novice to the existence of gender inequality. Similarly, the dearth of female judges in the Supreme Court is not a contemporary concept. This exasperated issue has been a part of the distinguished history of India since the inception of the apex institution in 1950. The selection of Supreme Court judges in India is guarded by Article 124(2) which provides for the appointment of this pinnacle of authority by the president. The sparse population of female Supreme Court judges is a point of extensive discussions and debates among researchers. The representation of women judges appears to dwindle out remarkably from the trial courts to the higher courts.

Currently, with only 2 out of 33 appointed judges being females, the situation seems to be rather gruesome. Historically, the situation has not been very soothing as well. Since the last 75 years, the Supreme Court has only had 11 women judges, a bizarre figure of only 4% of the total 276 judges. The Supreme Court which is the crowning point of addressing rights and responsibilities itself faces the grave discrepancy of equality on the basis of gender. Yet, the contribution of this paltry fraction of adjudicators at the apex echelons of justice seems to be noteworthy. As scanty as it may, the impact and impression left by females at the highest hierarchy of the Indian judicial system must be lauded. All the female judges till today are an instrumental part of delivering justice and have played a major part in several landmark judgements.

THE REMARKABLE JOURNEY OF THE EXTRAORDINARY ELEVEN

The Indian constitution was adopted in 1950 but the concept of gender prejudice existed in the societal structure way before that. And so even after the enforcement of the Constitution, it took us almost 40 years to experience the much-needed pivotal shift in the Indian judicial system. This happened when in the year 1989 the first ever female Supreme Court judge, Justice M. Fathima Beevi was appointed. This was the start of a contagious wave that led to the appointment of more women judges in the apex court, as handful as it may. Being the first, her appointment marked a new age of awakening. She was also a member of the National Human Rights Commission (1993) and the Chairman of Kerala Commission for Backward Classes (1993) as she was an integral part in the Supreme Court judgement of “Scheduled Caste & Weaker Section Welfare Assn. v. State of Karnataka” and protecting the rights of the marginalized caste from the arbitrary power of the state. Justice Sujata V. Manohar, the next female Supreme Court judge, was elevated after serving as the Chief Justice of Kerala High Court. Next in line were Justice Gyan Sudha Mishra, Justice Ranjana Prakash Desai and Justice R. Banumati known for their pre-eminent role in some extremely crucial judgements that paved the way for the Indian judicial system.

In 2018, the Supreme Court Collegium recommended the name of Justice Indu Malhotra and Justice Indira Banerjee crossing a milestone of appointing two female judges for the first time. Their recommendation was applauded by all and was heralded by the legal fraternity as a “step in the right direction for gender diversity in the Apex Court”. With her direct elevation to the Supreme Court, Justice Indu Malhotra became the 1st female Advocate to be directly elevated as a Supreme Court Judge and the seventh female Supreme Court Judge in 70 years. Her contribution to the Indian judiciary is immense with her judgement on the Joseph Shine case (constitutionality of adultery) and the Sabrimala Judgement. Continuing the legacy, in 2021, history was made again as Justice Hima Kohli, Justice Bela M. Trivedi and Justice B.V. Nagarathana were all appointed at once on 31 August 2021. These extraordinary women have shattered the so-called stringent shackles of the society. And it is safe to say that these exemplary eleven have reflected their values and knowledge in various significant judgements and continue to do so.

MILES TO GO FORWARD

Women of the Supreme Court of India have been unequivocal in imparting justice. Justice Nagarathna who is set to become the first Chief Justice of India in 2027, unlike most of her contemporary male counterparts will hold the office for a little over a month. The fact that this monumental event will happen after over 75 years since the adoption of the sacred document that guides this country and the establishment of the peak judicial authority clearly indicates the extremely visible discrimination women of the country face to climb the occupational ladder. And yet, the contribution of females have been mighty. They hold significance in the Indian judiciary that cannot be equalled by the hefty amount of men present in the legal system. From the immeasurable contribution of Justice Fathima M. Beevi as the first of their kind to the cardinal representation by Justice Indu Malhotra in paving the way for some fundamental matters in the Indian legal landscape, the crucial role of women cannot be minimized. They bring to the table, a boundless bundle of perspectives and opinions, contributing the best brains in shaping the legal arena of Indian society and representing the needs of the marginalized. Yet, the glass ceiling, though a little blur, continues to exist. 

.    .    .