The Indian judiciary has made significant strides in increasing women's participation, particularly in the subordinate judiciary. However, the journey towards achieving true gender equality in the judiciary remains fraught with challenges. Justice B.V. Nagarathna aptly observed, 

“It is not enough to find comfort solely in the growing number of female judicial officers if we are unable to secure for them a sensitive work environment and guidance.”

The Current State of Women in the Judiciary

The 2023 'State of the Judiciary' report by the Centre for Research & Planning, Supreme Court of India, reveals that women now constitute 36.3% of the district judiciary's working strength. In 14 out of 16 states examined, more than 50% of selected candidates for Civil Judge positions were women. This paints a hopeful picture of women's entry into the judiciary.

However, this optimism fades when we look at higher judicial positions. Only 13.4% of High Court judges and a mere 9.3% of Supreme Court judges are women. As of today, only one High Court—Gujarat—is headed by a woman Chief Justice. The Supreme Court Collegium also reflects a stark gender imbalance.

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Barriers to Retention and Growth

The lack of a level-playing field remains a significant barrier. Former Chief Justice of India, D.Y. Chandrachud, once noted that institutional designs have traditionally excluded women. Even today, women judges face institutional apathy and hostility, leading to high attrition rates and professional stagnation.

For instance, India will see its first female Chief Justice of India, Justice B.V. Nagarathna, only in 2027—and that too for just 36 days. In contrast, male judges typically hold the position for an average of 18 months.

Women judges often face unique challenges that hinder their effective participation. These include:

1. Stigmatisation and Lack of Sensitivity:In a recent case, the Supreme Court reinstated two female judicial officers from Madhya Pradesh whose services were terminated during probation. One officer faced termination due to her “pendency and disposal” rate, despite explaining her personal struggles, including a miscarriage, her brother’s cancer diagnosis, and her own COVID-19 hospitalization.The Court emphasized that while gender is not an excuse for poor performance, personal circumstances, especially those unique to women, must be considered. Justice Nagarathna poignantly questioned whether such criteria would apply to men if they menstruated.

2. Inadequate Infrastructure: Accessibility to gender-specific infrastructure remains a significant issue. While 80% of District Court complexes have separate ladies' toilets, many are dysfunctional, with broken doors and irregular water supply. Only 6.7% of these complexes have sanitary napkin vending machines.The lack of childcare facilities is another concern. As of September 2023, only 13.1% of District Court complexes have creche facilities. States like Uttar Pradesh, Andhra Pradesh, and Uttarakhand have no such facilities at all.In one case, a female judicial officer from Gujarat had to request a male judge to use his private washroom due to the lack of accessible facilities. This highlights the dire need for gender-sensitive infrastructure.

3. Hostile Work Environment : Women judges often face stigmatisation and hostility, especially when they raise complaints. For example, a female Additional District and Sessions Judge from Madhya Pradesh resigned after being transferred to a naxal-affected area following her sexual harassment complaint against a High Court judge.The Supreme Court later ruled that her resignation was not voluntary, as she was left with no choice. Such cases underscore the intersectionality of gender bias and institutional apathy.

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To ensure the holistic participation of women in the judiciary, the following steps are crucial:

• Sensitive Work Environment: Courts must adopt a more empathetic approach towards women judges, considering their unique challenges.
• Improved Infrastructure: Gender-specific facilities, such as functional toilets, sanitary napkin vending machines, and creches, must be prioritized.
• Transparency and Accountability: Internal Complaints Committees (ICCs) must function effectively, ensuring fair hearings for harassment complaints.
• Policy Reforms: Transfer policies should consider personal circumstances, especially for women with caregiving responsibilities.