Justice BV Nagarathna, Judge of the Supreme Court, has strongly advocated for increased female representation in the legal sector. She emphasized that at least 30% of government law officers should be women. Furthermore, she stressed the necessity of ensuring that at least 30% of all public sector legal advisors and legal professionals within state agencies and instrumentalities are women.
Speaking at a seminar titled "Breaking the Glass Ceiling: Women Who Made It", Justice Nagarathna highlighted the various systemic barriers that hinder women's progress in professional spaces, particularly in the legal profession. She underscored the urgent need to dismantle these barriers and ensure greater inclusion of women in leadership roles.
"As far as the legal profession is concerned, at least 30% of the Law Officers representing the Central or State Governments must be women. Further, at least 30% of all Public Sectors' empanelment of Legal Advisors must be women, so also in all State instrumentalities and agencies," she stated.
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Gender Diversity in Judicial Appointments
Justice Nagarathna also emphasized the importance of gender diversity in judicial appointments. She asserted that competent women advocates should be elevated to High Courts and the Supreme Court to create a more balanced and diverse judiciary.
"If male advocates can be appointed to High Courts even if they are younger than 45 years, then why not competent women advocates?" she questioned.
She pointed out that while women constitute a significant portion of law school graduates and junior-level legal professionals, their representation diminishes significantly in higher positions due to systemic discrimination.
Justice Nagarathna stressed that education plays a fundamental role in empowering women. She called for ensuring access to quality education for every girl, regardless of her socioeconomic background.
"When girls are educated, they are empowered to dream big, to pursue their passions, and to achieve their full potential," she said.
Beyond education, she emphasized the need to support women in their professional journeys by fostering mentorship programs. She suggested that mentorship could help women navigate workplace challenges and build successful careers.
"We need to create more opportunities for women to mentor and be mentored, fostering a culture of support and collaboration," she added.
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One of the major obstacles to women's upward mobility, according to Justice Nagarathna, is the presence of deep-rooted stereotypes and biases. She called for a conscious effort to change mindsets and promote gender equality across all sectors.
"Inclusivity does not mean ignoring merit. It only challenges entrenched stereotypes that hold women back. Laws must encourage inclusivity, and policies must be designed to support women's participation in decision-making roles," she remarked.
She cited the example of the Companies Act, 2013, which mandated greater female representation on corporate boards. This led to an increase in the share of women on boards from 5% in 2014 to nearly 10% by April 2015, proving that legal interventions can foster meaningful change.
Justice Nagarathna also addressed the issue of women's representation in politics. She pointed out that while a constitutional amendment has been passed to reserve 33% of seats for women in Parliament and State Legislative Assemblies, its implementation has been delayed.
"Even as of 2024, women hold only 14% of Lok Sabha seats, 15% in Rajya Sabha, and less than 7% of ministerial positions. However, at the Panchayat level, women's reservation has resulted in 1.4 million elected women representatives," she noted.
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Justice Nagarathna called upon the judiciary to be more sensitive and free from biases when dealing with cases related to women. She argued that promoting gender diversity within the judiciary would lead to more balanced and fair judgments.
"A judiciary that reflects the diversity of society will bring multiple perspectives to the table, leading to a more nuanced and just legal system," she said.
During her speech, Justice Nagarathna paid tribute to women trailblazers in the legal profession. She honored pioneers such as Cornelia Sorabji (India’s first female lawyer), Justice Anna Chandy (India’s first woman judge), and Justice M. Fathima Beevi (the first woman Supreme Court judge). She also recognized the legacies of Justice Ruma Pal, Justice Sujata Manohar, and women constitution-makers like Durgabai Deshmukh, Amrit Kaur, and Sucheta Kripalani.
Additionally, she acknowledged the contributions of ‘unsung women’ who may not have gained widespread recognition but have played vital roles in society. She mentioned the efforts of ASHA workers, emphasizing that their work should not go unnoticed.
"The rich interior lives of ordinary women who serve as mothers, wives, and caregivers must also be recognized. Their roles may not always be visible, but they hold the fort for their families, allowing others to pursue professional success. Raising children and managing households require immense leadership, intellectual ability, and creativity."
