INTRODUCTION
Despite India’s women population being almost 50%. Justice B.V. Nagarathna is the only female judge in the Supreme Court of India out of 34 judges. Since the establishment of the Supreme Court 75 years ago, there have been just 11 female Judges, with the first being Justice M. Fathima Beevi. From the year 2021, there have been twenty-eight appointments have been made, but none of them were females. There will be no female Chief Justice of India until at least the year 2027, when Justice Nagarathna is expected to be the first female CJI. Women jurists are only 13.1% of the total judges across all the high courts. Only the Gujarat HC has a female Chief Justice. In fact, there are no female judges in 5 of the High Courts (Bihar, Manipur, Meghalaya, Tripura, and Uttarakhand). Only Sikkim HC and Telangana HC have one-third women’s representation.[1]
HISTORY
Women have faced historical bias and restrictions in the Indian Judiciary. Cornelia Sorabji was the first woman to pass the Civil Law Examination at Oxford University in 1892; however, she was not allowed to plead before the Allahabad High Court due to the restriction on females practising law. In 1916, Regina Guha’s application to enrol as a pleader was rejected by a five-judge bench of the Calcutta High Court, affirming that women were not allowed to practice law at the time due to statutory ambiguity.
It was only in 1932 that women were formally allowed to plead in Indian courts. Anna Chandy became the first female judge in 1937 and later the first woman to serve in a High Court in independent India. These historical barriers have had lasting and persistent effects, as women continue to face social and institutional biases in the judiciary, especially in the higher judiciary.[2]
ANALYSIS
It is reported that women face challenges, such as heightened scrutiny during promotions from lower courts to higher courts, compared to their male counterparts. 35% of women are judges in the lower judiciary, but this reduces to 15% in high courts, and there is just one lady justice in the Supreme Court.[3]
It becomes more crucial than ever to have more women as jurists and in the legal field to deliver true justice and promote a just and fair society. In the case of Pinky Meena v. The High Court of the Judicature of Rajasthan (2025)[4]The SC called for greater women’s representation, highlighting the importance of diversity in judicial institutions.
Having more women jurists can lead to better decision-making in both social and individual cases. It will also promote fairer representation in other key decision-making bodies, such as think tanks, tribunals, parliament, and government, where women face similar issues. This may also help to shift the gender stereotypes and improve the status of women in the country. It will encourage women to approach the judiciary and seek justice to enforce their rights. This was highlighted by the August 30, 2025, resolution of the Supreme Court Bar Association (SCBA) to increase the number of female judges.[5]
CHALLENGES
- Patriarchal system of society and historical discrimination faced by women are one of the key challenges that women face regarding getting their rights enforced and obtaining equal and accurate representation in society.
- Most states have rules to appoint justices in district courts not below the age of 35, and at this age, the societal perception, stigma, marital and familial obligations restrict women.
- There is also an absence of proper safety mechanisms, a lack of flexibility, and a lack of access to legal education, which further exacerbates the challenges faced by women, contributing to this under-representation.
- The collegium system is also blamed for being traditional and patriarchal, as women have high representation in the lower judiciary, where appointment is conducted based on merit. This sentiment was echoed in a paper where 13 of the 19 judges were interviewed on highlighting the gender bias in appointments.[6]
- Lack of support from families, the working environment is also a factor that discourages the participation of women.
- This is further exacerbated by the fact that the number of women advocates is still low, reducing the pool from which women judges can be selected. As lawyers elevated from the bar to the bench form a significant proportion of judges in the high courts and the Supreme Court.
- No serious attempt has been made in the past 75 years to give fairer and adequate representation to women in the high courts and the Supreme Court. Absence of proper infrastructure, presented by the small courtrooms which are crowded and cramped, absence of restrooms, and childcare facilities are all challenges that further deter women.[7]
POTENTIAL SOLUTIONS
This under-representation of women in the judiciary raises concerns such as prejudice while delivering judgements, a narrowed scope of law, a lack of diversity and deficiency in legal reasoning, discouragement of women to access justice, and undermining gender equality, among others. The issues have been flagged, but there needs to be concrete steps and a suggested course of action to implement them.
Through research, it is found that measures such as increased participation of females in legal education, reservation policy for a minimum 33% of women judges across all levels of judiciary, easing the systematic rigidity by creating women-specific provisions, improved infrastructure, and reduced systematic bias and gender sensitisation policies could help significantly in increasing female participation in the judicial institutions. It requires both institutional and societal change to encourage participation. To truly serve justice to women, they need to be empowered.[8]
CONCLUSION
Women remain overwhelmingly under-represented in India’s higher judiciary. This highlights the persistent historical, social, and institutional biases and barriers that women still face in the judicial field. Key reforms, including transparency in appointments, gender sensitisation, improved judicial infrastructure, and supportive policies for women in law, are essential to breaking this glass ceiling. As Justice Bela Trivedi aptly stated, ‘achieving true democracy requires true representation, and this can only be realised by actively encouraging women’s participation in the judiciary. Increasing female representation is not just a matter of equity, but also essential to ensuring a more inclusive, fair, and representative justice system.’[9]
Author(s) Name: Anvishaa Garg (Integrated Law Course, Faculty of Law, University of Delhi and Indian Institute of Management, Bangalore)
References:
[1] Yadav G, ‘Women Representation in Judiciary – Significance & Challenges – Explained Pointwise’ (ForumIAS Blog, 9 October 2025 < https://forumias.com/blog/women-representation-in-judiciary-significance-challenges-explained-pointwise/ > accessed 8 November 2025.
[2] Manasi Shah, ‘The ‘first woman’ problem’ (SCObserver, 9 March 2025) < https://www.scobserver.in/journal/the-first-woman-problem/ >accessed 8 November 2025.
[3] ‘Under Representation of Women in Judiciary’ (NEXT IAS Current Affairs, 30 October 2024) < https://www.nextias.com/ca/editorial-analysis/30-10-2024/under-representation-of-women-in-judiciary >accessed 8 November 2025.
[4] Pinky Meena v High Court of Judicature for Rajasthan at Jodhpur and Another [2025] INSC 756 (SC).
[5] VisionIAS, ‘Supreme Court Advocates for Greater Representation of Women in Judiciary by Reinstating Female Judicial Officer’ (VisionIAS News Today, 24 May 2025)< https://visionias.in/current-affairs/news-today/2025-05-24/polity-and-governance/supreme-court-advocates-for-greater-representation-of-women-in-judiciary-by-reinstating-female-judicial-officer >accessed 8 November 2025.
[6] Aishwarya Chouhan, ‘Structural and Discretionary Bias: Appointment of Women Judges in India’ (2020) SSRN Working Paper < https://doi.org/10.2139/ssrn.3482483 > accessed 8 November 2025.
[7] ‘Women in Indian Judiciary: Challenges, Milestones, and the Road to Equal Representation’ (UPSCGeeks Blog, 2025) <https://blog.upscgeeks.in/blog/general-studies-II/polity/women-in-judiciary-india-challenges-inclusion/> accessed 8 November 2025.
[8] Drishti-The Vision Foundation, ‘Representation of Women in Judiciary’ (Drishti IAS News Analysis, 11 March 2022) < https://www.drishtiias.com/daily-news-analysis/representation-of-women-in-judiciary > accessed 9 November 2025.
[9] Justice Bela M. Trivedi, “A Democratic Society Expects Equal Representation of Women in Judiciary” (LiveLaw, 11 March 2022 < https://www.livelaw.in/top-stories/justice-bela-m-trivedi-international-day-of-women-judges-supreme-court-193896 >accessed 9 November 2025.
