RITIKA KANWAR

ADVOCATE, HIGH COURT OF RAJASTHAN

Abstract

The complex gender gap in judiciary impacts legal discourse and calls for rearrangement of hierarchy in judicial institutions to ensure mobility and representation of female judges as deciding authorities. The denial of representative opportunities to women has limited the inclusive dimensions in decision making process. The research probes the historical legacy of gender discrimination and inadequate representation followed by the instances of structural biases in transfers and appointments of judges in various HCs. Further, the research envisages to highlight existing and potential reforms in order to break the glass ceiling resulting in construction of gender-neutral institutional spaces.

After providing holistic overview of the issue, the research discusses historical account of structural and procedural impediments in judicial appointments barring women from Indian judiciary. Thereafter, the research explores systemic biases in appointments and transfers based on seniority norm which dissuade women from judicial career owing to their socially imposed gendered responsibilities. Furthermore, the research highlights enormous societal costs due to consequential outcome of gender biased judicial rulings and concludes by accentuating the need for potential reformatory actions in practice and gender sensitisation of various stakeholders for moulding gender perspectives and reinventing procedures for judicial appointments and transfers catering to social realities of women.

Keywords: Gender discrimination, Gender-neutral institutional spaces, Judicial appointments Inadequate representation, Structural biases.