Why is it in the News?

The latest India Justice Report (IJR) points out that the gender gap remains wide in each of the subsystems that make up the justice delivery system — police, judiciary, prisons, legal aid, and human rights commissions.

Background:

• Diversity stands as a fundamental cornerstone of institutional efficacy globally, with gender inclusivity serving as a pivotal measure of dedication to this principle.
• As International Women’s Day is celebrated today (8th March), it becomes imperative to assess the status of gender diversity within India's justice delivery system, as underscored in the recent findings of the India Justice Report (IJR).
• The data underscores a stark gender disparity within different subsystems, prompting inquiries into the extent of justice institutions' dedication to cultivating inclusivity.

Gender Disparities in India's Justice Delivery System as Revealed by the India Justice Report (IJR):

• Systemic Inequities: The IJR underscores pervasive gender gaps within every facet of the justice delivery system, encompassing the police, judiciary, prisons, legal aid, and human rights commissions.
  • This comprehensive analysis illuminates the systemic nature of the issue, indicating that gender disparities are not isolated incidents but rather entrenched throughout the justice system.
• Quotas and Limited Progress: While quotas have aided in women's inclusion, their impact appears concentrated in lower-level positions within the justice system.
  • Despite affirmative action measures, women's representation in higher-ranking roles remains disproportionately low.
• Numerical Underrepresentation: The IJR's analysis reveals a stark reality, with only approximately three lakh women active in the justice delivery system.
  • This numerical underrepresentation not only indicates inadequate representation but also suggests underlying structural barriers hindering women's full participation.
• Gender Disparity in the Judiciary: Within the judiciary, data indicates a concerning trend where women's presence diminishes significantly as one ascends the hierarchy.
  • While women comprise 35% of subordinate judges, this percentage drastically declines to 13% in high courts, with a notable lack of women in the Supreme Court.
• Leadership Void: The absence of a female Chief Justice of India, despite decades of existence, underscores persistent barriers preventing women from ascending to the highest echelons of the judiciary.
  • Similarly, women's representation in chief justice positions in high courts remains disproportionately low.
• NHRC's Gender Imbalance and Limited Women Representation: The NHRC, entrusted with upholding fairness and justice, demonstrates a glaring lack of gender diversity, having never had a female commissioner.
  • This absence of women in decision-making roles within a human rights commission highlights institutional disregard for gender representation.
• Similar gender imbalances extend to state commissions, with few women serving as members or holding leadership positions, emphasizing the systemic nature of gender disparity within these crucial institutions.

What are the Potential Factors Contributing to Disparity?

• Institutional Apathy and Lack of Initiative: The absence of women in pivotal roles within these commissions reflects not only a numerical deficit but also a lack of proactive efforts to address and rectify this imbalance.
  • Findings from the IJR suggest a notable apathy within these institutions, where fostering gender diversity is often overlooked or relegated to a secondary concern.
• Complacency: State commissions, akin to the NHRC's shortcomings, fail to exemplify gender inclusivity.
  • The IJR's data paints a discouraging picture, with only a few commissions demonstrating a willingness to appoint women to decision-making positions.
  • The absence of proactive measures perpetuates an institutional culture indifferent to the value of diverse perspectives and experiences.
• Deflection of Responsibility: Decision-makers within these institutions often deflect responsibility instead of addressing the root causes of gender disparity.
  • Excuses citing "difficulties" in "accommodating" more women serve as common deflection tactics, diverting attention from the urgent need to challenge existing institutional structures and cultures hindering women's entry and retention.

What are the Possible Benefits of Diversity Within the Justice Delivery System?

• Global Research Insights: Research worldwide consistently highlights the positive outcomes of diverse and inclusive work environments.
  • The IJR echoes this global perspective, emphasizing that the integration of women and other diversities can reshape institutional culture within the justice system.
  • It challenges conventional practices by introducing fresh perspectives, experiences, and methodologies that contribute to a more comprehensive understanding of complex issues.
• Internal Cultural Transformation: Incorporating women into traditionally male-dominated institutions disrupts established norms and cultivates a culture of openness.
  • This transformation extends beyond numerical representation, fostering the integration of diverse viewpoints, communication styles, and problem-solving approaches.
  • Women, as essential contributors, can drive a shift towards more collaborative, empathetic, and innovative decision-making processes.
• Improved Public Perception: Inclusive institutions not only benefit internally but also enhance public trust and perception.
  • A justice delivery system that mirrors the diverse population it serves becomes more responsive, credible, and reflective of societal values.
  • This alignment between the institution and the public fosters trust and inclusivity, strengthening the legitimacy and effectiveness of the justice system.

Way Forward:

• Institutional Readiness: Initiating institutional change necessitates preparedness. Justice administrators are urged to proactively tackle systemic obstacles impeding women's inclusion.
  • This entails conducting a thorough assessment of current structures, policies, and practices to identify and dismantle barriers obstructing women's full and equitable participation at all levels of the justice system.
• Leading Through Example: The absence of a female Chief Justice of India and the scarcity of women in judiciary leadership roles underscore the imperative for a transformative shift.
  • Institutions must actively advocate for and facilitate women's ascension to leadership positions, challenging entrenched biases and breaking the glass ceiling that historically hindered their advancement.
• Reassessing Recruitment and Retention Strategies: There is a pressing need to critically reassess recruitment and retention practices within the justice delivery system.
  • This entails a comprehensive review of hiring procedures, promotion criteria, and initiatives to ensure gender-equitable treatment throughout individuals' careers.

Conclusion

To achieve justice, barriers must be dismantled, equal opportunities ensured, and the institutional biases perpetuating gender disparities acknowledged. Upholding equality mandates justice institutions to address systemic impediments hindering women's inclusion, transcending superficial measures. Decision-makers must lead by example, reassess practices, and implement strategies fostering gender balance and inclusivity within the justice system.