Gendering of Indian judiciary as a roadmap towards an equitable legal system and progressive gender-sensitive jurisprudence

Given that women constitute 50% of the global population, it is imperative that all professions that influence social progress, including the judiciary, acknowledge and include this demographic. Their inclusion in all professions is not only essential for paving the path to a just and gender-equal society but is also imperative for the true social progress of a Nation. This holds good for the Judiciary as well where in the inclusion of women judges not only brings in diverse perspectives leading to more legitimate and comprehensive judgments, but also reflects broader societal changes toward creating a more equitable legal system. It is noteworthy that Indian courts have continually progressed toward ensuring the involvement of women in the administration of justice, and indeed, the engagement of women judges within India's criminal justice system in recent years has played a crucial role in facilitating the necessary societal changes through their landmark decisions consistently advancing constitutional values and norms. However, a significant gap still remains which requires more affirmative actions to achieve a balanced and an inclusive judiciary that upholds the rule of law and the principles of equality enshrined in the Constitution of India. Consequently, this research paper, while providing an insight into the current gender ratio in India's judicial system, though primarily highlights the importance of having enough women on the bench, both as a constitutional requirement and as a critical step toward creating a trustworthy justice system however, it also emphasis on the need to appoint gender-variant persons in the Judicial institutions laying down the foundation for a truly inclusive and equitable society.

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Publication Details

Journal
Frontiers in Sociology
Published
2025-03-26
DOI
https://doi.org/10.3389/fsoc.2025.1475043
Citations
1
Primary Topic
Gender, Security, and Conflict
Type
article
Field-Weighted Citation Impact
3.87
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article

Gendering of Indian judiciary as a roadmap towards an equitable legal system and progressive gender-sensitive jurisprudence

Harleen Kaur
1 citations
Frontiers in Sociology
Gender, Security, and Conflict
3.87
article

Gendering of Indian judiciary as a roadmap towards an equitable legal system and progressive gender-sensitive jurisprudence

Harleen Kaur
article en
1 citations

Abstract

Given that women constitute 50% of the global population, it is imperative that all professions that influence social progress, including the judiciary, acknowledge and include this demographic. Their inclusion in all professions is not only essential for paving the path to a just and gender-equal society but is also imperative for the true social progress of a Nation. This holds good for the Judiciary as well where in the inclusion of women judges not only brings in diverse perspectives leading to more legitimate and comprehensive judgments, but also reflects broader societal changes toward creating a more equitable legal system. It is noteworthy that Indian courts have continually progressed toward ensuring the involvement of women in the administration of justice, and indeed, the engagement of women judges within India's criminal justice system in recent years has played a crucial role in facilitating the necessary societal changes through their landmark decisions consistently advancing constitutional values and norms. However, a significant gap still remains which requires more affirmative actions to achieve a balanced and an inclusive judiciary that upholds the rule of law and the principles of equality enshrined in the Constitution of India. Consequently, this research paper, while providing an insight into the current gender ratio in India's judicial system, though primarily highlights the importance of having enough women on the bench, both as a constitutional requirement and as a critical step toward creating a trustworthy justice system however, it also emphasis on the need to appoint gender-variant persons in the Judicial institutions laying down the foundation for a truly inclusive and equitable society.

Frontiers in SociologyVol. 10
University of Delhi (IN)
Openalex Percentile: Top 10%
Gender, Security, and Conflict
3.87
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Gendering of Indian judiciary as a roadmap towards an equitable legal system and progressive gender-sensitive jurisprudence — Harleen Kaur · Frontiers in Sociology (2025) | TGRS Research Map | TGRS