Women’s equal representation in the higher judiciary: a case for judicial diversity in India

Diversity is an inherent feature of democratic nations. However, in many democracies such as India, the judiciary does not reflect the rich diversity of the country. Most judges in the Supreme Court and High Courts in India are cis-gender, upper-caste men. This homogenises the perspective on law and...

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Bibliographic Details
Main Author: Mittal, Gita (Author)
Contributors: Jain, Dipika
Format: Electronic Article
Language:English
Published: 2023
In: International journal of comparative and applied criminal justice
Year: 2023, Volume: 47, Issue: 2, Pages: 185-199
Online Access: Volltext (lizenzpflichtig)
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Keywords:
constitutional courts
women judges
judicial appointments
Gender Stereotype
Gender diversity
Description
Summary:Diversity is an inherent feature of democratic nations. However, in many democracies such as India, the judiciary does not reflect the rich diversity of the country. Most judges in the Supreme Court and High Courts in India are cis-gender, upper-caste men. This homogenises the perspective on law and justice. Women judges and lawyers are faced with structural barriers such as gender stereotypes, discrimination, harassment, and insufficient institutional and infrastructural support. Additionally, caste, class, sexuality, and religious identity are some factors that create multiple axes of oppression to contend with. Through a critical examination of various feminist lenses, we highlight the systemic and implicit biases that lead to disproportionately low numbers of women judges. We then recommend institutional reforms that could facilitate the creation of a more diverse higher judiciary in India.
ISSN:2157-6475
DOI:10.1080/01924036.2022.2164317