This post has been self-published on Youth Ki Awaaz by Ungender Legal Advisory. Just like them, anyone can publish on Youth Ki Awaaz.

Only 78 Women Judges Out Of 1,079 HC Judges Is Telling Of Sexism In Our Judiciary

More from Ungender Legal Advisory

Written by: Sheena Verma

A recent report by Smashboard, a New Delhi and Paris-based non-profit, stated that female representation in the Indian judiciary is dismal, and that’s keeping sexism alive. The report came out just days after the passing of US Supreme Court Justice Ruth Bader Ginsburg, one of the most popular feminist icons in the States.

The report also highlighted that India has never seen a woman Chief Justice of the Supreme Court. As of September 2020, there are only 78 women judges in all of the High Courts against a total sanctioned strength of 1079 judges. To put this number in perspective, women account for only 7% of the total strength, with at least six High Courts without any women judges. Things are equally bad in the Supreme Court with only two women judges as against a total strength of 34 judges.

Supreme Court Of India
Representational image.

How Does Gender Exclusivity Impact The Working of the Courts?

The negative impact of this lack of representation is very well reflected in the sexist and ignorant conduct of the judges. A case in point is the recent order of the Madhya Pradesh High Court granting bail to the accused in a sexual harassment case on the condition that he would request the victim to tie a rakhi.

Not only is this order insensitive towards the victim’s trauma, but it also makes a mockery out of an offence as grave as sexual harassment. The order creates an unpleasant situation in which the victim will have to be in the same room as her perpetrator. An appeal has been filed against this order in the Supreme Court, stating that the order is against the principle of law. The Attorney General of India, KK Venugopal, also commented on the issue saying that there is a need to gender-sensitize and educate the judges.

Unfortunately, there have been numerous other instances where judges have displayed sheer ignorance towards victims who are women. A Karnataka High Court Justice, while granting bail to the accused in a rape case, stated that it is “unbecoming of an Indian woman to sleep after rape” because that is “not how our women react.” The constant dictation of terms on how women should respond to sexual abuse is extremely problematic.

In 2017, the Punjab and Haryana High Court granted bail to three rape convicts, stating that the victim’s statements stemmed from a ‘promiscuous attitude’. A 2018 study conducted by National Law University, Delhi analysed 50 rape cases heard before the Supreme Court. The study revealed that judges often have a stereotypical perception of rape victims. It also found that the presence of a female judge on the bench led to a sharp decline in sexist comments.

The Indian Courts As A Workplace for Women

The insensitive conduct prevalent in the courts also raises questions on how the institution treats its women workers. Ungender spoke to some women advocates who are currently practising in the higher courts.

“How I look matters more in court than my capabilities as an advocate. The senior Advocates would recognize me better only when I look beautiful”, says a junior advocate practising in the Supreme Court.

Another Junior Advocate practising in the Punjab and Haryana High Court shared her experiences.

“We [women advocates] are always taken for granted, be it by our male colleagues or by the judges. Even while arguing, male advocates often cut us off without sufficient cause, and the judge barely ever interrupts. Whenever a lady advocate tries to make a name for herself, people start spreading baseless rumours to defame her. Things are even worse if you’re a first-generation lawyer.”

Even some of the most experienced and reputed advocates have been taken for granted because they’re women. In 2019, Senior Advocate Indira Jaising wrote an open letter to the then-Chief Justice of India, elaborating how the Indian courts operate with casual sexism.

She shared her insights on how the judges tacitly accept and nurture misogynistic phrases used by her colleagues in the courts. Needless to say, this is even more common in the lower courts. This will inevitably affect the mindset of thousands of young women aspiring to become advocates and judges.

Naturally, such incidents are not limited to just advocates. The complainant who raised charges of sexual harassment against former CJI Ranjan Gogoi was a Junior Court Assistant in the Supreme Court. The manner in which the allegation was handled and disposed-off was severely criticised by the legal fraternity. This was mainly because of two reasons. First, Gogoi defied the principles of natural justice by being the judge in his own case, and second, the report of the in-house committee was never released in the public domain, even after an RTI application.

According to the complainant, the committee did not follow the sexual harassment law or the Vishakha guidelines that the Supreme Court had itself issued. It makes one wonder whether we have established a regime where a judge is almost immune to the rules its own institution is passing.

Even if the GSICC (Gender Sensitization Internal Complaints Committee) of the Supreme Court does not have the authority to question the Chief Justice of India, the essence of the POSH Act should be respected and followed.

Conclusion

One cannot help but be reminded of the sexist treatment meted out to Marcia Clark, the lead prosecutor in the OJ Simpson trial, also known as the ‘trial of the century’. The trial was the epitome of courtroom sexism. Clark faced everything from being mocked for her hairstyle during the proceedings to the media writing about the kind of skirt she wore. Every little detail of her private life was scrutinised and nothing was done about it.

Twenty-five years later, all of that still holds true for advocates who are women in India. The important question to ask here is, would things be different if there were more women judges on the bench? The courts must realise the huge responsibility that they bear in establishing a safe and inclusive environment for women.

The judges’ role in furthering the cause of gender equality at the workplace is pivotal. They should be trained extensively in using gender-inclusive language in the courts. Furthermore, the higher courts should ensure that there is at least one lady judge on the bench dealing with cases of verbal/physical sexual abuse.

As mentioned above, judges often resort to victim-blaming and pass insensitive comments which may discourage other survivors from taking legal action. Instances like these that make us realise how crucial it is to improve the state of gender diversity in our courts.

About the author: Sheena Verma is a third-year student at National Law School, Punjab with an interest in gender laws and competition law.

All images have been used for representation purposes.
Indira Jaising’s Image: UN Women Asia And The Pacific/Flickr
Calcutta High Court: Avrajyoti Mitra/Flickr

Ungender Insights is the product of our learning from advisory work at Ungender. Our team specializes in advising workplaces on workplace diversity and inclusion. Write to us at contact@ungender.in to understand how we can partner with your organization to build a more inclusive workplace. 

You must be to comment.

More from Ungender Legal Advisory

Similar Posts

By Prasun Goswami

By Prerana

By Jeet

Wondering what to write about?

Here are some topics to get you started

Share your details to download the report.









We promise not to spam or send irrelevant information.

Share your details to download the report.









We promise not to spam or send irrelevant information.

An ambassador and trained facilitator under Eco Femme (a social enterprise working towards menstrual health in south India), Sanjina is also an active member of the MHM Collective- India and Menstrual Health Alliance- India. She has conducted Menstrual Health sessions in multiple government schools adopted by Rotary District 3240 as part of their WinS project in rural Bengal. She has also delivered training of trainers on SRHR, gender, sexuality and Menstruation for Tomorrow’s Foundation, Vikramshila Education Resource Society, Nirdhan trust and Micro Finance, Tollygunj Women In Need, Paint It Red in Kolkata.

Now as an MH Fellow with YKA, she’s expanding her impressive scope of work further by launching a campaign to facilitate the process of ensuring better menstrual health and SRH services for women residing in correctional homes in West Bengal. The campaign will entail an independent study to take stalk of the present conditions of MHM in correctional homes across the state and use its findings to build public support and political will to take the necessary action.

Saurabh has been associated with YKA as a user and has consistently been writing on the issue MHM and its intersectionality with other issues in the society. Now as an MHM Fellow with YKA, he’s launched the Right to Period campaign, which aims to ensure proper execution of MHM guidelines in Delhi’s schools.

The long-term aim of the campaign is to develop an open culture where menstruation is not treated as a taboo. The campaign also seeks to hold the schools accountable for their responsibilities as an important component in the implementation of MHM policies by making adequate sanitation infrastructure and knowledge of MHM available in school premises.

Read more about his campaign.

Harshita is a psychologist and works to support people with mental health issues, particularly adolescents who are survivors of violence. Associated with the Azadi Foundation in UP, Harshita became an MHM Fellow with YKA, with the aim of promoting better menstrual health.

Her campaign #MeriMarzi aims to promote menstrual health and wellness, hygiene and facilities for female sex workers in UP. She says, “Knowledge about natural body processes is a very basic human right. And for individuals whose occupation is providing sexual services, it becomes even more important.”

Meri Marzi aims to ensure sensitised, non-discriminatory health workers for the needs of female sex workers in the Suraksha Clinics under the UPSACS (Uttar Pradesh State AIDS Control Society) program by creating more dialogues and garnering public support for the cause of sex workers’ menstrual rights. The campaign will also ensure interventions with sex workers to clear misconceptions around overall hygiene management to ensure that results flow both ways.

Read more about her campaign.

MH Fellow Sabna comes with significant experience working with a range of development issues. A co-founder of Project Sakhi Saheli, which aims to combat period poverty and break menstrual taboos, Sabna has, in the past, worked on the issue of menstruation in urban slums of Delhi with women and adolescent girls. She and her team also released MenstraBook, with menstrastories and organised Menstra Tlk in the Delhi School of Social Work to create more conversations on menstruation.

With YKA MHM Fellow Vineet, Sabna launched Menstratalk, a campaign that aims to put an end to period poverty and smash menstrual taboos in society. As a start, the campaign aims to begin conversations on menstrual health with five hundred adolescents and youth in Delhi through offline platforms, and through this community mobilise support to create Period Friendly Institutions out of educational institutes in the city.

Read more about her campaign. 

A student from Delhi School of Social work, Vineet is a part of Project Sakhi Saheli, an initiative by the students of Delhi school of Social Work to create awareness on Menstrual Health and combat Period Poverty. Along with MHM Action Fellow Sabna, Vineet launched Menstratalk, a campaign that aims to put an end to period poverty and smash menstrual taboos in society.

As a start, the campaign aims to begin conversations on menstrual health with five hundred adolescents and youth in Delhi through offline platforms, and through this community mobilise support to create Period Friendly Institutions out of educational institutes in the city.

Find out more about the campaign here.

A native of Bhagalpur district – Bihar, Shalini Jha believes in equal rights for all genders and wants to work for a gender-equal and just society. In the past she’s had a year-long association as a community leader with Haiyya: Organise for Action’s Health Over Stigma campaign. She’s pursuing a Master’s in Literature with Ambedkar University, Delhi and as an MHM Fellow with YKA, recently launched ‘Project अल्हड़ (Alharh)’.

She says, “Bihar is ranked the lowest in India’s SDG Index 2019 for India. Hygienic and comfortable menstruation is a basic human right and sustainable development cannot be ensured if menstruators are deprived of their basic rights.” Project अल्हड़ (Alharh) aims to create a robust sensitised community in Bhagalpur to collectively spread awareness, break the taboo, debunk myths and initiate fearless conversations around menstruation. The campaign aims to reach at least 6000 adolescent girls from government and private schools in Baghalpur district in 2020.

Read more about the campaign here.

A psychologist and co-founder of a mental health NGO called Customize Cognition, Ritika forayed into the space of menstrual health and hygiene, sexual and reproductive healthcare and rights and gender equality as an MHM Fellow with YKA. She says, “The experience of working on MHM/SRHR and gender equality has been an enriching and eye-opening experience. I have learned what’s beneath the surface of the issue, be it awareness, lack of resources or disregard for trans men, who also menstruate.”

The Transmen-ses campaign aims to tackle the issue of silence and disregard for trans men’s menstruation needs, by mobilising gender sensitive health professionals and gender neutral restrooms in Lucknow.

Read more about the campaign here.

A Computer Science engineer by education, Nitisha started her career in the corporate sector, before realising she wanted to work in the development and social justice space. Since then, she has worked with Teach For India and Care India and is from the founding batch of Indian School of Development Management (ISDM), a one of its kind organisation creating leaders for the development sector through its experiential learning post graduate program.

As a Youth Ki Awaaz Menstrual Health Fellow, Nitisha has started Let’s Talk Period, a campaign to mobilise young people to switch to sustainable period products. She says, “80 lakh women in Delhi use non-biodegradable sanitary products, generate 3000 tonnes of menstrual waste, that takes 500-800 years to decompose; which in turn contributes to the health issues of all menstruators, increased burden of waste management on the city and harmful living environment for all citizens.

Let’s Talk Period aims to change this by

Find out more about her campaign here.

Share your details to download the report.









We promise not to spam or send irrelevant information.

A former Assistant Secretary with the Ministry of Women and Child Development in West Bengal for three months, Lakshmi Bhavya has been championing the cause of menstrual hygiene in her district. By associating herself with the Lalana Campaign, a holistic menstrual hygiene awareness campaign which is conducted by the Anahat NGO, Lakshmi has been slowly breaking taboos when it comes to periods and menstrual hygiene.

A Gender Rights Activist working with the tribal and marginalized communities in india, Srilekha is a PhD scholar working on understanding body and sexuality among tribal girls, to fill the gaps in research around indigenous women and their stories. Srilekha has worked extensively at the grassroots level with community based organisations, through several advocacy initiatives around Gender, Mental Health, Menstrual Hygiene and Sexual and Reproductive Health Rights (SRHR) for the indigenous in Jharkhand, over the last 6 years.

Srilekha has also contributed to sustainable livelihood projects and legal aid programs for survivors of sex trafficking. She has been conducting research based programs on maternal health, mental health, gender based violence, sex and sexuality. Her interest lies in conducting workshops for young people on life skills, feminism, gender and sexuality, trauma, resilience and interpersonal relationships.

A Guwahati-based college student pursuing her Masters in Tata Institute of Social Sciences, Bidisha started the #BleedwithDignity campaign on the technology platform Change.org, demanding that the Government of Assam install
biodegradable sanitary pad vending machines in all government schools across the state. Her petition on Change.org has already gathered support from over 90000 people and continues to grow.

Bidisha was selected in Change.org’s flagship program ‘She Creates Change’ having run successful online advocacy
campaigns, which were widely recognised. Through the #BleedwithDignity campaign; she organised and celebrated World Menstrual Hygiene Day, 2019 in Guwahati, Assam by hosting a wall mural by collaborating with local organisations. The initiative was widely covered by national and local media, and the mural was later inaugurated by the event’s chief guest Commissioner of Guwahati Municipal Corporation (GMC) Debeswar Malakar, IAS.

Sign up for the Youth Ki Awaaz Prime Ministerial Brief below