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9 - Feminising the Indian Judiciary

The Gender Gap and the Possibilities of Objectivity

Published online by Cambridge University Press:  21 October 2021

By
Simashree Bora
Edited by
Melissa Crouch
Melissa Crouch
Affiliation:
University of New South Wales, Sydney
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Summary

This chapter looks at the nuances of gender dynamics in the Indian judiciary since independence. The Supreme Court has only eight female judges, or 11 per cent and there has never been a female chief justice of India. The gender gap in the judiciary is therefore complex and its possible impact on the discourse of legal tradition in India. The immobility of women in the highest court of law compels us to relook at hierarchy, representation and the institutional processes involved in the judiciary. The chapter will also look at the idea of gendered objectivity and its interconnectedness with the process of maneuvering gender discourse within the system. The chapter will look at the historical representation of women in the judicial system, followed by a consideration of what gender ‘objectivity’ denotes in the course of judgments. With recent path-breaking judgments pertaining to gender discrimination and equal rights, the third section will highlight the overall impact of women’s representation in the judiciary and the possibilities for change in addressing issues of women.

Keywords

Indiawomen judgescourtsfeminisationthe judiciarygender and the law
Type
Chapter
Information
Women and the Judiciary in the Asia-Pacific , pp. 261 - 290
Publisher: Cambridge University Press
Print publication year: 2021

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