The Leaky Pipeline

Addressing Gender Exclusion in India’s Cadre of Justice

Abstract

The Supreme Court of India, often referred to as the Temple of Justice, has failed considerably in ensuring gender equality within its ranks despite its splendid achievements in many sectors. This article examines the underrepresentation of women in the Court, which is the guardian of the Constitution. It explores the structural, institutional, economic, cultural, and patriarchal factors contributing to this underrepresentation. Very little focus is given to the pipeline for women from lower courts to the Supreme Court being a leaky one, and to the gender inclusion that can help and has helped in many judicial rulings. Using Collegium records and available data, including the recent dissent by Justice B.V Nagarathna against the  appointment of two judges to the Supreme Court, surpassing many senior judges, this paper traces the reasons behind this lacuna in the higher judiciary. Case studies of terminated women judges and collegial selections substantiate the gender exclusion in the upper court. It’s paradoxical that a body meant to uphold gender inclusion has become a gender exclusionary body, warranting attention and reform.