Justice Indira Banerjee speaks on her journey, systemic challenges, and the road ahead for gender diversity in courts.
Published Mar 09, 2025 | 10:01 AM ⚊ Updated Mar 09, 2025 | 3:24 PM
Former supreme court Judge Indira Banerjee on gender disparity in Indian judiciary. (Supplied)
Synopsis: Justice Indira Banerjee reflects on the slow progress of Indian judicial services towards gender inclusion and called for systemic changes to ensure equal representation. When Justice Banerjee was appointed as a Supreme Court of India judge in 2018, she was only the eighth woman to hold the position in the country’s history.
At a recent discussion on gender diversity in the judiciary, former Supreme Court Justice Indira Banerjee delivered a powerful critique of the gender disparity in India’s higher judiciary.
When Justice Banerjee was appointed as a Supreme Court of India judge in 2018, she was only the eighth woman to hold the position in the country’s history.
Her journey — from her initial days at the Bar to serving as the Chief Justice of the Madras High Court — stands as a testament to the resilience and determination of women in the legal profession.
However, despite progress, the underrepresentation of women in higher judiciary remains a stark reality.
In conversation with senior advocate Jayna Kothari, she reflected on the slow progress of Indian judicial services towards gender inclusion and called for systemic changes to ensure equal representation.
Justice Banerjee’s words resonated with the audience, shedding light on the deep-seated gender imbalance in India’s judicial services.
The numbers reflect this disparity. Since India’s independence, out of the hundreds of judges appointed to the Supreme Court, only a handful have been women. At the high court level, the percentage of women judges remains disproportionately low.
“Women constitute half the population, yet their presence in the higher judiciary is marginal,” she remarked.
Despite discussions on diversity, there has been little substantive action to address the structural and cultural barriers preventing women from rising to leadership positions in the judiciary.
Banerjee pointed out that while there is increasing awareness, real change has been slow.
Justice Banerjee stressed the need for policy reforms to ensure fair representation of women in the judiciary.
She spoke about the need for gender-sensitive policies that create an enabling environment for women judges. “Meritocracy cannot exist in a vacuum when structural disadvantages persist,” she stated.
She also emphasised that women’s entry into the judicial services should not be viewed as token representation but as a necessary step towards fairness in the legal system.
“The judiciary must reflect the society it serves,” she said, highlighting the importance of diversity in shaping progressive legal discourse.
Reflecting on her time at the Supreme Court, she acknowledged that progress has been made but warned against complacency.
“There has been an increase in women’s representation in the judiciary, but unless we actively push for structural changes — such as better maternity policies, flexible work conditions, and fair representation in judicial appointments — we will continue to see gender disparity.”
One of the significant hurdles women face in the judicial services is the weight of stereotypes. Justice Banerjee spoke about the biases women encounter, including the assumption that they are less capable of handling complex legal matters.
She recalled instances in her career when she had to work twice as hard to prove her capabilities.
“Many believe that women judges are more emotional in their judgements, which is not only untrue but also a deeply ingrained bias that undermines our work,” she said.
She urged for a shift in mindset, where women judges are evaluated on their judicial acumen rather than gendered expectations.
Banerjee pointed out that while the appointment of women judges is often celebrated, it should not be seen as a rare achievement but a norm.
She shared a striking thought: “A bit of Excel, and I hope very soon we’ll stop celebrating Women’s Day or observing Women’s Day.”
This remark underscored her belief that true equality would be reached when women’s presence in leadership positions becomes unremarkable.
The discussion concluded with Banerjee advocating for institutional changes, mentorship programs for young women in law, and active measures to dismantle gender biases. “We cannot afford to wait for change to happen organically. It must be intentional and urgent,” she asserted.
She credited her own rise to the encouragement she received from senior colleagues but acknowledged that many women are not as fortunate. “We must institutionalise support so that it does not remain dependent on individual goodwill.”
Her words left a lasting impact, prompting conversations on what more needs to be done to make the judiciary truly representative.
As India grapples with the challenges of gender disparity in its legal system, voices like Justice Indira Banerjee’s serve as a crucial reminder that change is both necessary and long overdue.
(Edited by Muhammed Fazil.)
