The leaky pipeline in judiciary shows women declining from 36.3% in lower courts to 13.4% in High Courts and only one in the Supreme Court, due to collegium bias, poor infrastructure, and domestic burdens, demanding substantive equality, reservations, audits, and institutional reform.
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Picture Courtesy: INDIAN EXPRESS
Context
Gender diversity in the Indian judiciary is a key concern, highlighted by the Supreme Court and President Droupadi Murmu.
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Read all about: Gender Justice And Judicial Appointments In India l Women's Representation in Judiciary |
Status of Women's Representation in the Judiciary
Supreme Court
1 Woman Judge (Justice B.V. Nagarathna) out of 33 sitting judges. She is to become the first female Chief Justice of India in September 2027, though only for 36 days.
High Courts
13.4% of total women judges in the Higher Judiciary. Punjab & Haryana HC leads with 18 women judges, followed by Bombay (12). High Courts in Uttarakhand, Tripura, and Manipur currently have zero women judges.
District Judiciary
According to the India Justice Report 2025, 38.3% of High Court Judges are women. States like Goa (70%) and Meghalaya (63%) have achieved gender parity or dominance.
Direct recruitment via competitive exams continues to drive better inclusion compared to the Collegium-led higher judiciary appointments.
Why is Gender Representation Essential for a Just Judiciary?
Enhances Substantive Equality
A diverse bench brings varied life experiences, crucial for identifying systemic discrimination, as seen in Lt. Col. Nitisha vs Union of India (2021) where the Supreme Court struck down disproportionately disadvantaging evaluation criteria in the Army to ensure substantive equality.
Boosts Public Confidence
A diverse judiciary, including women judges, increases public trust, challenges patriarchal norms, and ensures justice is seen as accessible to all.
Promotes Sensitive Adjudication
Women judges offer a more empathetic and nuanced approach to cases like gender-based violence, sexual harassment, and family law, resulting in fairer outcomes.
Drives Progressive Jurisprudence
A gender-diverse bench aids the evolution of law. State of Punjab vs Gurmit Singh (1996), which made the sole testimony of a rape survivor credible, was a step towards a victim-centric approach.
Structural and Social Barriers for Women (The "Leaky Pipeline")
The "Leaky Pipeline" phenomenon refers to the high attrition rate of women in law, which prevents them from attaining senior positions eligible for judicial appointment.
Opaque Collegium System
The Parliamentary Standing Committee on Law and Justice (2023) highlighted the "diversity deficit" in the higher courts' appointment process, which is criticized for lacking transparency and excluding women lawyers not part of informal "Old Boys' Clubs."
Hostile Work Environment
Lack of basic court infrastructure (like separate, clean washrooms for women, creches, and safe working hours) and the "double burden" of managing professional and domestic life disproportionately affect women.
Lack of Professional Support
Implicit biases limit women in litigation, resulting in fewer opportunities from senior lawyers and hindering the development of the sustainable practice required for judicial elevation.
Judicial Interventions for Gender Justice
Handbook on Combating Gender Stereotypes (2023)
Supreme Court guidance for judges to use neutral language, banning terms like "chaste woman," "housewife," and "eve-teasing" in favor of "woman," "homemaker," and "street sexual harassment."
X vs Principal Secretary, Health (Delhi) 2022
The court upheld women's reproductive autonomy, invalidating the married/unmarried distinction for abortion access and recognizing marital rape for abortion purposes.
Vineeta Sharma vs Rakesh Sharma (2020)
Daughters have equal coparcenary rights in Hindu ancestral property by birth, regardless of whether their father was alive during the 2005 amendment.
Vishaka vs State of Rajasthan (1997)
Laid down the "Vishaka Guidelines" for preventing sexual harassment at the workplace, which formed the basis for the POSH Act, 2013.
Way Forward
Reform the Appointment Process
Make the Collegium system more transparent and accountable, explicitly including diversity in appointment criteria as recommended by the Parliamentary Standing Committee.
Consider Reservation
The idea of horizontal reservation for women in the higher judiciary, similar to the Nari Shakti Vandan Adhiniyam for legislatures, should be debated and considered.
Improve Infrastructure
Prioritize the creation of women-friendly infrastructure, including clean washrooms and creches, in all court complexes across the country.
Institutionalize Sensitization
Gender sensitization training, guided by resources like the SC's Handbook, must be a continuous and mandatory part of judicial education at all levels.
Learn from Global Best Practices
The United Kingdom established an independent Judicial Appointments Commission (JAC) to improve transparency and increase female representation.
South Africa's Constitution explicitly mandates that the judiciary must reflect the country's racial and gender composition, making diversity a constitutional imperative.
Conclusion
Achieving gender justice in the judiciary requires structural reforms and commitment from the Collegium and the government to ensure impartial justice and true representation of India's diversity.
Source: INDIAN EXPRESS
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PRACTICE QUESTION Q. The "Handbook on Combating Gender Stereotypes" was released by which of the following institutions? A) The Ministry of Women and Child Development B) The National Commission for Women C) The Supreme Court of India D) The NITI Aayog Answer: C Explanation: The Handbook was released by the Supreme Court to mandate judges to avoid gender-stereotypical language in verdicts. |
As of early 2026, the Supreme Court has only 1 sitting women judge (Justice B.V. Nagarathna) out of a sanctioned strength of 34. In the High Courts, women constitute roughly 13.4% of judges across all 25 courts.
The lower judiciary recruits via objective entrance examinations (Civil Judge Junior Division), which allows for merit-based entry. Higher Judiciary appointments are made via the Collegium system, which is often criticized for being opaque and relying on networking, creating an "Old Boys' Club" atmosphere.
It is a guide released by the Supreme Court of India that mandates judges to avoid using stereotypical or misogynistic words in their judgments, ensuring that the language of the law reflects dignity and substantive equality.
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