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Article
29 Oct 2024
The Under-Representation of Women in the Judiciary
Context
- The lack of gender diversity within India’s judiciary is a persistent issue that has significant implications on the fairness and inclusivity of the justice delivery system.
- Despite initiatives to increase women’s participation at entry levels, their representation at higher levels of the judiciary remains disappointingly low.
- Therefore, it is important to analyse the multifaceted nature of the gender gap in India's judiciary, including issues of entry, retention, structural inadequacies, and policy gaps.
An Analysis of Gender Disparity in Judicial Representation
- The gender imbalance within India’s judiciary begins at entry-level positions, although some improvements are evident.
- According to the Supreme Court of India’s State of the Judiciary report in 2023, women account for 36.3% of the district judiciary, and in 14 states, more than half of the new civil judges (junior division) are women.
- However, this progress fades at higher judicial levels, where, as of January 2024, only 13.4% of High Court judges and a mere 9.3% of Supreme Court judges are women.
- Moreover, this disparity is accentuated in certain states, such as Bihar, Chhattisgarh, and Tripura, where women’s representation is minimal or non-existent.
- Such skewed representation creates a funnel effect, restricting the pool of women qualified for elevation to higher courts and exacerbating the gender imbalance.
Reasons Behind Gender Imbalance in Judiciary
- Entry Level Barriers
- Requirement for Continuous Practice
- One significant regulatory obstacle is the requirement for continuous practice in some states for eligibility for judicial service positions.
- Many states' Judicial Service Rules mandate that advocates must have a specific period of continuous, uninterrupted practice before being considered for elevation to the Bench.
- This rule disproportionately impacts women, particularly those who may need to take career breaks due to family obligations, maternity, or childcare.
- Unlike their male counterparts, women often struggle to meet this threshold due to a lack of systemic support for their family responsibilities.
- Absence of Maternity Benefits and Minimum Stipends
- Maternity Benefits and Minimum Stipends; vital support systems for women in demanding professions are often absent or inadequate in the legal field.
- Without paid maternity leave or financial support, many women are forced to choose between career advancement and family responsibilities.
- This causes a significant drop-off in female representation before they even reach judicial roles.
- For example, female advocates balancing family duties may struggle to maintain the continuity required by Judicial Service Rules, making the entry point into judicial positions a significant barrier in their career trajectory.
- Work Culture and Social Expectations
- Apart from structural barriers, workplace culture and social expectations play a crucial role in shaping the experience of women in the judiciary.
- The legal profession has historically been male-dominated, with deeply ingrained biases and cultural norms that are often unfavourable to women.
- This is evident in everyday interactions within courts, where women frequently encounter subtle biases and, at times, overt discrimination.
- For instance, in courtroom settings and professional gatherings, women judges, advocates, and staff may face challenges to their authority, unequal treatment, and stereotyping.
- These issues make it harder for women to establish themselves as equals and earn the respect of their male peers.
Another Major Reason for Women’s Low Representation in Judiciary: Retention Challenges
- Unsupportive Policies
- A key issue here is the unsupportive work environment, which fails to accommodate the needs of women, especially those with caregiving responsibilities.
- Policies such as harsh transfer requirements illustrate how judiciary regulations often overlook the personal circumstances of female judges, making it difficult for them to maintain long-term stability in their roles.
- Transfer policies are typically rigid, lacking any flexibility or consideration of family obligations.
- Since women are still primarily responsible for family care in many cases, these policies add a heavy burden and deter many from continuing in the judiciary.
- Lack of Supportive Infrastructure
- Another factor that complicates retention is the lack of supportive infrastructure within court premises, which negatively impacts women at all levels of the judiciary.
- Court complexes across the country often lack basic amenities specifically designed for women.
- For instance, according to a 2019 survey by the Vidhi Centre for Legal Policy, nearly 100 district courts had no dedicated washrooms for women.
- In higher courts as well, even women judge often face difficulties accessing adequate washroom facilities, let alone other female staff, lawyers, or litigants.
- The absence of essentials like sanitary facilities and hygienic waste disposal systems not only affects physical comfort but also communicates a lack of consideration for women’s needs, reinforcing their sense of marginalization in the profession.
- Lack of Family-Friendly Amenities
- Moreover, the lack of family-friendly amenities, such as feeding rooms and crèches, exacerbates the struggle for women balancing work and family life.
- While some courts, such as the Delhi HC, have taken initial steps in providing a crèche facility, such resources are severely limited and often come with restrictive age limits, like catering only to children under six years.
- This renders such amenities ineffective for many women with older children, who still require dependable childcare.
Ways Ahead to Address the Underrepresentation of Women in Judiciary
- Adoption of ‘Female Gaze’ in Policies
- Adopting a female gaze in policymaking could bridge this gap, ensuring that women’s unique needs are prioritized.
- Implementing a female gaze involves examining the judiciary’s policies and infrastructure through a feminist lens that recognises how ostensibly neutral regulations can inadvertently disadvantage women.
- This approach challenges the male-centric perspective often inherent in judiciary committees and Bar Councils, which may lack female representation.
- By using this lens, the judiciary can better address the gendered impact of policies and create a more inclusive environment for women.
- Prioritising Women’s Needs through Inclusive Policy
- For effective inclusion of women in the judiciary, policies must be crafted with women’s specific challenges in mind.
- Greater participation requires a shift towards women-centric perspectives that identify barriers to career growth.
- For example, former Supreme Court Judge Justice Hima Kohli noted that unconscious gender biases in courts often sideline women in administrative duties.
- Analysing High Court Building Committees reveals that only three HCs (Delhi, Allahabad, and Himachal Pradesh) have female members, highlighting the lack of representation in infrastructure-related decision-making.
- Increase Female Recruitment in Judicial Administration
- Beyond infrastructure, a lack of representation in HC Registries and judicial academies worsens the neglect of gender-sensitive policies.
- As a result, women’s experiences and needs are insufficiently reflected in policies or training programs designed to counter gender bias.
- Implementing policies that are informed by women’s lived experiences; such as gender-sensitive recruitment, transfer protocols, and support for familial responsibilities, could prevent the marginalization of women in the judiciary.
Conclusion
- The underrepresentation of women in India’s judiciary reflects deeper systemic issues that extend beyond entry-level recruitment.
- Bridging this gap requires a comprehensive overhaul of the judiciary’s policies, infrastructure, and culture to be more inclusive and gender-sensitive.
- Recognising and addressing women’s unique needs through the female gaze would mitigate the unintended impacts of neutral policies and foster an equitable work environment.
Editorial Analysis
Current Affairs
Oct. 29, 2024
Konark Sun Temple
The Prime Minister’s ‘Mann Ki Baat’—through which he interacts with citizens on various issues—had recently made references to Odissi dance and Konark temple.
About Konark Sun Temple:
- Location: It is located on the coastline of Odisha in Puri district.
- Also called the Surya Devalaya, the temple is dedicated to the Hindu god Surya.
- Textual evidence indicates that Narasimha I (who reigned between 1238 and 1264) of the Eastern Ganga dynasty built the temple in 1250.
- It was designated a UNESCO World Heritage Site in 1984.
- Features:
- It is a classic example of the Odisha style of architecture or Kalinga architecture.
- The temple complex has the appearance of a 100-foot-high solar chariot, with 24 wheels and pulled by six horses, all carved from stone.
- It is oriented towards the east so that the first rays of the sunrise strike the main entrance.
- The wheels of the temple are sundials, which can be used to calculate time accurately to a minute.
- Around the base of the temple, there are images of animals, foliage, warriors on horses, and other interesting structures.
- The temple also features elaborate stone carvings depicting scenes from Hindu mythology.
- The temple, built from Khondalite rocks, is also known as 'BLACK PAGODA' due to its dark colour.
- The temple remains a site of contemporary worship for Hindus, during the annual Chandrabhaga Festival, around the month of February.
Art and Culture
Current Affairs
Oct. 29, 2024
Mount Fuji
Japan's Mount Fuji remained snow-less recently, the latest date that its majestic slopes have been bare since records began 130 years ago.
About Mount Fuji:
- Mount Fuji, also known as Fuji-san, is the highest mountain in Japan, standing at 3,776 meters.
- It is situated close to the Pacific coast in the Yamanashi and Shizuoka prefectures in the heart of the large island of Honshu, about 100km to the southwest of the Tokyo-Yokohama metropolitan area.
- Unlike other famous high-elevation mountains in the world, Mt. Fuji is not part of a large mountain range.
- It is a stratovolcanothat has been dormant since its last eruption in 1707 but is still generally classified as active by geologists.
- It has a prominent summit craterand is constructed from innumerable basaltic lava flows, each a few meters thick.
- It has a smooth slope and a wide, spreading base, creating a beautiful skyline as it narrows to a magnificent peak.
- It is said that the main cause of Mt. Fuji's volcanic activity is the Pacific Plate sinking under the bottom of the Philippine Plate.
- On the northern slopes of Mount Fuji lie the Fuji Five Lakes (Fuji Goko), comprising, east to west, Lake Yamanaka, Lake Kawaguchi, Lake Sai, Lake Shōji, and Lake Motosu, all formed by the damming effects of lava flows.
- Despite its active volcanic nature, Fuji’s summit is covered in snow most times of the year.
- The mountain is the major feature of Fuji-Hakone-Izu National Park, and it is at the centre of a UNESCO World Heritage site designated in 2013.
Geography
Current Affairs
Oct. 29, 2024
Key Facts about Koel River
In a tragic incident, three students, who were studying XI standard, went to take a bath in the Koel River in the Lohardaga district of Jharkhand, and drowned in deep waters.
About Koel River:
- Koel River originates from the Palamau Tiger Reserve, Jharkhand, and flows in the western part of Palamu District.
- The river divides into two - the North Koel River and the South Koel River.
- The former river is tapped near Kutku for irrigation reasons and finally joins with the Son River.
- The latter one flows across the Indian state of Orissa near Rourkela, before merging with the Brahmani River.
- Flowing through the hilly terrain of Jharkhand and Odisha, the Koel River is part of the larger Damodar Valley region, known for its mineral-rich landscape.
- It is prone to seasonal flooding, particularly during the monsoon months.
- Hydropower Potential: The North Koel Dam, also known as the Mandal Dam, was constructed on the North Koel River in Jharkhand, intended to generate hydroelectric power and supply irrigation water.
Geography
Current Affairs
Oct. 29, 2024
Marapi Volcano
One of Indonesia's most active volcanoes, Marapi Volcano, erupted recently, spewing thick columns of ash at least three times and blanketing villages with debris, but no casualties were reported.
About Marapi Volcano:
- It is an active volcanolocated in the Padang Highlands of western Sumatra, Indonesia.
- The mountain is part of the Ring of Fire—a long, horseshoe-shaped, seismically active belt that rings the Pacific Ocean.
- The highest peak among several volcanoes in the highlands, Mount Marapi rises to 9,485 feet (2,891 meters) above sea level.
- It has steep slopes with dense vegetation on its lower flanks.
- Its summit contains the Bancah caldera, which has a diameter of 0.9 miles (1.4 km) and is characterized by a series of overlapping craters.
- Mount Marapi is often confused with a similar active volcano called Mount Merapi, which is located near the center of the island of Java, Indonesia.
- It has erupted 11 times during the early 21st century, with its deadliest single event having killed 60 people in 1979.
Geography
Current Affairs
Oct. 29, 2024
Indian Cyber Crime Coordination Centre (I4C)
The Indian Cyber Crime Coordination Centre (I4C) recently issued an alert against illegal payment gateways created using mule bank accounts by transnational organised cyber criminals facilitating money laundering as a service.
About Indian Cybercrime Coordination Centre (I4C):
- I4C has been established under the Ministry of Home Affairs (MHA) to deal with cybercrime in the country in a coordinated and comprehensive manner.
- The I4C focuses on tackling issues related to cybercrime for citizens, including improving coordination between variousLaw Enforcement Agencies (LEAs) and stakeholders.
- The centre is located in New Delhi.
- Functions:
- To act as a nodal point in the fight against cybercrime.
- Identify the research problemsand needs of LEAs and take up R&D activities in developing new technologies and forensic tools in collaboration with academia/research institutes within India and abroad.
- To prevent misuse of cyberspace for furthering the cause of extremist and terrorist groups.
- Suggest amendments, if required, in cyber lawsto keep pace with fast changing technologies and international cooperation.
- To coordinate all activitiesrelated to the implementation of Mutual Legal Assistance Treaties (MLAT) with other countries related to cybercrimes in consultation with the concerned nodal authority in MHA.
- Components of I4C:
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- National Cybercrime Threat Analytics Unit (TAU):For reporting threats pertaining to cybercrimes at regular intervals.
- National Cybercrime Reporting Portal (NCRP):To report various cybercrime complaints by citizens at all India levels on a common platform on a 24x7 basis from “anywhere, anytime”.
- National Cybercrime Training Centre (NCTC):To impart training to government officials, especially state law enforcement agencies.
- National Cybercrime Research and Innovation Centre:To carry out research for the development of indigenous tools for the prevention of cybercrimes.
- Platform for Joint Cyber Crime Coordination Team:For coordination, sharing of modus operandi of cybercrimes, data/information among states/UTs LEAs.
- Cybercrime Ecosystem Management Unit: For creating mass awareness in cyber hygiene for prevention of cybercrimes.
- National Cybercrime Forensic Laboratory (Investigation) Ecosystem: For helping LEAs in cyber forensics investigation.
- I4C brings together academia, industry, public and government in the prevention, detection, investigation, and prosecution of cybercrimes.
- I4C has envisaged the Cyber Crime Volunteers Program to bring together citizens with passion to serve the nation on a single platform and contribute in fight against cybercrime in the country.
- Other Initiatives:
- Citizen Financial Cyber Fraud Reporting and Management System: For immediate reporting of financial cyber frauds and preventing the siphoning of funds by cyber criminals on a near-real-time basis.
- National Toll-Free Helpline number ‘1930’ has been operationalized to provide citizen assistance in lodging online cyber complaints.
- CyberDost handle on various social media platforms to generate cyber awareness among citizens.
Science & Tech
Current Affairs
Oct. 29, 2024
Land Port Authority of India
Recently, the Union Minister of Home Affairs inaugurated a new Passenger Terminal Building and a Maitri Dwar in Petrapole, West Bengal built at a cost of Rs. 487 crore by the Land Port Authority of India (LPAI).
About Land Port Authority of India:
- It is an authority constituted under the Land Ports Authority Act, 2010.
- It was constituted for development and management of facilities for cross border movement of passengers and goods at designated points along the international borders of India.
- Mandate:It is responsible for creating, upgrading, maintaining and managing border infrastructure in India. It manages several Integrated Check Posts (ICPs) all across Borders of India.
- Composition
- Chairperson and Members are appointed by the Central Government.
- Tenure:Both Chairperson and Members have tenure for a period of five years from the date on which he assumes office and till he attains the age of sixty years, whichever is earlier.
- Functions:It is mandated to develop, sanitize and manage the facilities for cross border movement of passengers and goods at designated points along the international borders of India.
- Nodal ministry:Ministry of Home Affairs.
Key points about Petrapole
- Petrapole is the largest land port in South Asia and it is a vital gateway for trade and commerce between India and Bangladesh.
- It is also the eighth largest international immigration port of India, and facilitates the movement of over 23.5 lakh passengers annually between India and Bangladesh.
Polity & Governance
Current Affairs
Oct. 29, 2024
Dyslexia
Recently, as part of the nation-wide ‘Act4Dyslexia’ campaign, key monuments in Delhi, including Rashtrapati Bhawan, Parliament House, North and South Blocks, and India Gate, have been illuminated in red, the colour for Dyslexia Awareness.
About Dyslexia:
- It is a learning disorder that involves difficulty reading due to problems identifying speech sounds and learning how they relate to letters and words (decoding).
- It is also called a reading disability, dyslexia is a result of individual differences in areas of the brain that process language.
- It is not due to problems with intelligence, hearing or vision.
- It is often misunderstood as the ‘slow-learner syndrome’.
- The exact cause of dyslexia isn’t clear. However, several clues hint at how and why most cases happen.
- Genetics: It is highly genetic and runs in families. A child with one parent with dyslexia has a 30% to 50% chance of inheriting it.
- Differences in brain development and function: Research shows people with dyslexia have differences in brain structure, function and chemistry.
- Disruptions in brain development and function: Infections, toxic exposures and other events can disrupt fetal development and increase the odds of later development of dyslexia.
- Specific Learning Disabilities, including dyslexia, were officially recognized under the Rights of Persons with Disabilities Act of 2016, which mandates equal opportunities in education, employment, and other aspects of life.
- The National Education Policy 2020 reinforces this mandate, emphasizing inclusive education from foundational to higher education levels. NEP 2020 reforms focus on early identification, teacher capacity building, and providing necessary support and accommodations to students.
Science & Tech
Current Affairs
Oct. 29, 2024
Pradhan Mantri Vanbandhu Kalyan Yojana
The Pradhan Mantri Vanbandhu Kalyan Yojana (PMVKY) is a landmark initiative which has been conceived as a comprehensive strategy to address the unique challenges faced by tribal communities in India.
About Pradhan Mantri Vanbandhu Kalyan Yojana:
- It was launched on October 28, 2014.
- It aims to empower tribal communities in India, recognizing their historical neglect. The initiative not only provides financial assistance but also establishes a framework for sustainable development.
Six Key Steps Under PMVKY
- Pradhan Mantri Adi Adarsh Gram Yojana
- It revamps the existing Special Central Assistance to Tribal Sub-Plan, which focuses on integrated village development in 36,428 villages with significant tribal populations.
- It targets critical sectors such as road and telecom connectivity, education, health services, and sanitation, all of which aim to raise the living standards of tribal communities.
- Development of Particularly Vulnerable Tribal Groups (PVTGs)
- It is designed to ensure the socio-economic upliftment of the most marginalized tribal communities (PVTC families) while preserving their cultural heritage.
- The initiative provides financial support to state governments for tailored developmental activities in housing, health, and education sectors.
- The Pradhan Mantri PVTG Development Mission has been launched to enhance further living conditions and provide PVTG families with access to basic facilities.
- Under this mission 15,000 crore will be allocated over three years for essential amenities like secure housing, clean drinking water, sanitation, education, health, nutrition, and enhanced connectivity.
- Support to Tribal Research Institutes (TRI): It facilitates research and documentation efforts related to tribal communities. Financial assistance is allocated to state governments and UTs based on their proposals to strengthen the knowledge base concerning tribal cultures and challenges.
- Pre-Matric Scholarships: It caters to students in grades IX and X, the scholarship is available for students with a parental income of up to ₹2.50 lakhs, ensuring that financial constraints do not hinder educational advancement.
- Post-Matric Scholarships: It follows similar terms and conditions as the Pre-Matric scheme but caters to Scheduled Tribe students studying beyond class 10.
- Administrative Assistance for Project Management Units: The PMVKY also allocates funds to establish project management units within state governments, ensuring that schemes related to the welfare of Scheduled Tribes are effectively monitored and implemented.
Polity & Governance
Current Affairs
Oct. 29, 2024
FCI Grievance Redressal System App
Recently, the Union Minister of Consumer Affairs, Food & Public Distribution launched the Mobile Application of FCI Grievance Redressal System (FCI GRS) for Rice Millers in New Delhi.
About FCI Grievance Redressal System App:
- It will facilitate rice millers in addressing their grievances with the FCI in an efficient and transparent manner.
- It is part of the Government’s ongoing efforts to harness technology for good governance.
- It aims to improve responsiveness and accountability by providing rice millers with a convenient platform to lodge complaints, monitor its status and receive responses on their mobile device in end-to-end digitized manner.
- Key Features of the App
- User-Friendly Grievance Submission: Millers can easily register their grievances on their mobile through a user-friendly interface, simplifying communication with FCI. They have to register only once and thereafter any number of grievances can be lodged wherein each grievance will have Unique Grievance ID.
- Real –Time Tracking: It offers real-time updates on grievance status, keeping millers informed and ensuring transparency.
- Automatic Assignment & Fast Resolution: Within FCI, once grievance is received, it will be automatically assigned to concerned Nodal Officers for further action. The App provides facility to Nodal Officer to either get grievance investigated by Quick Response Team or get feedback from the concerned Division.
- Geo-Fencing for Quick Response Teams (QRTs): Where grievance redressal involves visit to site by QRT team, the mobile application will capture the physical visit by the team members through the geo-fencing tool.
Polity & Governance