In theory, the law is supposed to be impartial to gender. In practice, the reality is anything but impartial.
Nine of out ten judges in India’s higher judiciaries are male. There have never been more than two female judges in the Supreme Court at any one time – meaning that women have never had more than ten percent representation in India’s highest court. There has never been a female Chief Justice of India.
This is concerning for many reasons, not least of which being that male judges largely determine the nature of laws that affect women. Thus, we have it that the five-judge panel that delivered the historic judgement to abolish the practice of Triple Talaq was composed entirely of men.
For many women, life in India’s courts is a constant reminder that the industry is patriarchal. There is a good reason why a woman has yet to become the presiding Chief Justice – appointment is made on the basis of seniority, and since 1950, there have been only six female judges in the Supreme Court. Breaking past the glass ceiling of India’s courtrooms has been an uphill task for all women – irrespective of seniority.
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