Gender Diversity in Indian Judiciary: SCWLA writes to CJI SA Bobde to appoint experienced women SC Lawyers as High Court Judges

 Advocating voice for Gender Diversity in Indian Judiciary, the Supreme Court Women Lawyers Association has penned a letter to the Chief Justice of India asking him to consider on an immediate basis elevation of experience Supreme Court women Lawyers from Supreme Court to the High Courts as Judges, as a measure to increase the number of women judges.

The letter follow close to the recent suggenstion made by the Attorney General of India, KK Venugopal who opined that an increase in the number of Woman Judges in the Country's judiciary could help in correcting the non-empathetic approach of judges in cases of sexual violence.

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Pointing that no new names have been suggested to fill up the vacancies arising out of the recent retirement of the three Supreme Court Judges, Senior Advocate and President of SCWLA, Mahalakshmi Pavani called for the consideration of experienced Woman Lawyers to acquire places in all High Courts.

The letter to this regard read:

"Experienced, integrity driven and tenacious women practicing in the Supreme Court of India should be considered for appointment to all High Courts," 

In the letter she further asked to overlook any sort of objection which could be raised by the Bar of the concerned High Courts if and when such recommendations are made. 

She said:

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"Such consideration for sending reputed advocates as judges should be irrespective of any objection made by the different High Court Bar Associations once Supreme Court Collegium is satisfied about their merit and integrity."

Inter alia, she also proposed to make it mandatory for every Law college having over 200 students per batch to provide coaching and guidance for taking Judicial Exams in the 4th and 5th year to Women Law Students, preferably free of cost or with a minimum fee-cap.

Furthermore, in relation to the present situation, suggestions have been made that District Courts need to have a reasonably equipped infirmary, a creche, digitalization of records, new computers, desktops and software equipment conversant with the latest quandary of the post-Covid-19 world.

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The letter also bats for the introduction of a mandatory new course in all Law Schools called as “Judicial Assistance”. The course would make it necessary for each Law Student of the 4th /5th year to assist a Judge of the Lower Court for a total of 50 credit hours per year.

"Such a subject would be graded like any other credit subject and the grade can be partly predicated on the kind of assistance that was provided to the Judge," reads the letter.

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Objection and concern has been raised regarding the patriarchial approch of Judges in handling of issues/cases related to women. Taking a cue from a case filed by the nine women Lawyers seeking to sensitize Judges against passing bail orders objectifying women, the letter requests that there is a need for externally and internally sensitize presiding Judges of High Courts and District Courts to use temperate & neutral language.

The letter to this regard read:

"Judges should avoid histrionics and to eschew making personal comments on the bodily characteristic or personal character (not professional integrity) about parties appearing before them.

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