How the courts changed for women in 2022 and improvements we hope to see in the near future

Supreme Court judge Justice Hima Kohli recently spoke about the extra effort women in the legal profession have to make in order to shatter the glass ceiling and excel in the field..While speaking at an event held earlier this month, the judge said that there has been a running gender disparity between men and women in the legal profession, both in litigation practice and in law firm jobs..Women judges, lawyers and litigants have, since India’s independence, faced hurdles in accessing our court system, and shattering the proverbial glass ceiling has been a herculean task.Several district courts continue to operate without so much as washrooms for women to this day.However, with the efforts of vocal women who campaign for their rights, and strong allies in men holding leadership positions, the justice system has begun its evolution into a more gender-inclusive institution.In this article, we take a closer look at how the courts have changed for women in 2022 and how things can get even better for women in the legal profession in 2023..A feminist Chief Justice of India.The country saw its first openly feminist Chief Justice of India (CJI) take office in November this year. CJI DY Chandrachud has been a big votary for an inclusive judiciary and a feminist approach to the law..The CJI has taken this approach both outside courtroom walls and inside them. This year, we witnessed a watershed moment in Indian jurisprudence when CJI Chandrachud authored a judgment that defended women's right to bodily autonomy. The landmark decision held that allowing termination of pregnancy beyond 20 weeks and up to 24 weeks cannot be denied to a woman merely because she is unmarried. Interestingly, this decision came within a few months of the United States Supreme Court's decision to overturn Roe v Wade, stripping women of the right to safe abortion. .Apart from protecting the right of women across the country to access a safe abortion, the judgment also touched on issues integral to their personal liberty. The Court held that for the purposes of the Medical Termination of Pregnancy Act, marital rape has to be considered as falling within the meaning of 'rape' in order to save women from forceful pregnancy.Through this judgment, the CJI also reflected an inclusive approach towards gender minorities by clarifying that the decision was applicable to women, as well those who identify as any other gender but require access to safe reproductive healthcare. .Better infrastructure.Over the course of 2022, various stakeholders called for improvement of infrastructure for women in courts and judicial fora across the country.In September, the Delhi High Court ordered the State government to make facilities including separate toilets for women available to lawyers and litigants in consumer forums located in the capital.The order was passed in light of the petitioner placing on record some photographs which revealed the abysmal conditions of the district consumer forums in Delhi-NCR..In a significant move, the Delhi High Court also set up a creche facility within its premises this April. Speaking on the importance of this move, former Supreme Court judge Justice Indira Banerjee said that it was a big leap towards equality and equal opportunity to women..Pro-woman judgments.The Kerala High Court stressed on the need for men to change their attitude, particularly when it comes to the outlook towards crimes against women. The Court, while hearing a plea for anticipatory bail by a rape accused, recorded that crimes against women were continuing to increase, but the patriarchal mindset of society was changing..Highlighting the importance of women’s safety, the Delhi High Court called for zero tolerance to anybody who intimidates a girl, woman or child. The Court opined that society should ensure that women do not have to fear when they step out of their homes. Setting a strong precedent against those who make public spaces unsafe for women, the Court refused to grant bail to a man who had been sentenced to life for the murder of a 21-year-old woman who had snubbed his advances..In a decision that tackled systemic improvements for creating a more effective justice delivery mechanism for women, the Allahabad High Court said that a socially sensitised judge is a better armour in cases of crime against women than long clauses of penal provisions. It underscored that courts are expected to try and decide cases of sexual crime against women with utmost sensitivity..The Supreme Court held that any person found conducting the archaic and unscientific two-finger test on a victim of rape or penetrative sexual assault will be guilty of misconduct. While doing so, the top court bemoaned that such tests continued to be conducted, and said that the test does not have any scientific basis but only retraumatises victims of sexual assault..The Kerala High Court in July made a significant leap towards protecting sexual assault survivors by directing the State to set up a victim protection protocol. The Court passed the directions with the aim to ensure that survivors, irrespective of gender, are empowered and supported to work through their trauma and approach law enforcement agencies as comfortably as possible..However, in what can be seen as a loss for young Muslim girls, the Hijab row which originated in the State of Karnataka remains undecided. In March, the Karnataka High Court upheld a Karnataka government order effectively empowering college development committees of government colleges in the State to ban the wearing of the Islamic headscarf on campuses.While this decision was challenged before the top court, a two-judge bench delivered a split verdict. As this issue remains pending, waiting to be decided by a larger bench, school girls will lose precious years before they can see the insides of a classroom again. .Hopes and expectations from 2023.Gender-sensitive practices.Our courts must hasten to incorporate more gender-inclusive practices in their day-to-day functioning. It is essential that courts begin recognising challenges faced by not only those who identify as women, but also trans and non-binary lawyers.In this regard, a cue may be taken from the recent representation made by a queer lawyer to the CJI requesting a modification in Supreme Court appearance slips so as to include an additional column where lawyers' pronouns can be added.For Advocate Rohin Bhatt, this step, if implemented, would "herald in a new era of a queer-friendly judiciary" that supports a shift in professional practice towards asking all people how they should be respectfully addressed, an aspect that should not be assumed based on name, appearance or voice..More women on the bench.A truly gender-aware court system will remain a pipe dream until the bench sees a proportionate representation of women judges.As per official data from the Government of India, only a mere 9 per cent of High Court judges across the country are women. In fact, five High Courts - those of Manipur, Meghalaya, Patna, Tripura and Uttarakhand - do not even have one woman on the bench. The High Courts of Delhi and Gauhati see the highest representation, though it continues to be woefully low at 17 per cent.However, the number of women judicial officers at the district level does paint a better picture, with 35.56 percent of district judges across the country being women..The Supreme Court this year also hosted a special programme to commemorate the first ever ‘International Day of Women Judges’. All women judges of the Constitutional courts and all women judicial officers from across the country were invited to join the programme online.While women are being increasingly celebrated for their achievements across the board, their proportionate participation in the judiciary still leaves much to be desired..This need has been echoed by the Bar and the Bench alike, with Supreme Court judge Justice Bela M Trivedi recently calling for more representation while citing an example of the Ardh Narishwar form of Lord Shiva.Speaking on why equal representation of women in the judiciary is essential, Justice Trivedi said,"It is only to balance the scales of justice. It is said that the whole world is nothing but the cosmic dance of Lord Shiva, and one of the forms of Shiva is Ardh Narishwar, which is the lord who is half-woman.”.And given the fact that there are many competent women legal professionals waiting in the wings to join the judiciary, it is not a question of token representation.Interestingly, Justice Vipin Sanghi in April this year said that since a large number of competent women lawyers are into serious law practice these days, it is not difficult to pick women candidates for elevation as judges.Justice Sanghi said that it is not difficult to put into action the words of then Chief Justice of India NV Ramana, who had strongly advocated for more women on the Bench."There are so many very serious women who are practicing. In fact when CJI said we must have more women on the Bench, it was not very difficult to pick up names to consider," Justice Sanghi said..Sensitisation of judges, judicial officers.The only way that women, particularly those from conservative backgrounds and marginalised communities, will be able to participate in our justice system effectively is if we ensure that courtrooms are safe spaces for them. If women are subjected to incessant casual sexism and implicit bias, adequate representation will remain a distant dream..In October, a Pune district court issued a bizarre notice which asked women lawyers not to "arrange" their hair in open court since the same disturbs its functioning.“It is repeatedly noticed that women advocates are arranging their hair in open court which is disturbing functioning of the court. Hence, women advocates are hereby notified to refrain from such act," the notice said.While this notice was reportedly withdrawn after objections were raised, it reflects a deep-seated and damaging trend of viewing women in public spaces as “distractions” rather than recognising their complete personhood..Another incident that further highlighted the need for sensitisation of judges was witnessed in Kerala, when a sessions court in an order said that a case of sexual harassment would not prima facie stand if the woman was wearing a "sexually provocative dress”. Shortly after this decision, the Kerala High Court expunged those observations..And these are just the incidents that came to light. Several such instances continue to deter women from approaching the courts for justice, and call into question the training judicial officers receive. It is inarguably one of the most essential aspects of judgeship to ensure that the courtroom is a protected space where women and gender minorities can express themselves freely without fear of prejudice. To achieve this objective, targeted and up-to-date sensitisation of judges and judicial officers is essential..Former Supreme Court judge Justice Indira Banerjee spoke to Bar & Bench about the way forward and stressed that sensitisation was absolutely necessary. "How can you do justice unless you are sensitised? The judicial academy at Bhopal, as also various state judicial academies, conduct sensitisation programs for judges. It is not as if it is not done," she said.She added that while many judges have been sensitised, some still carry their social baggage. Regardless, judges must be completely objective, she emphasised. .Speaking on the abysmally low representation of women on the bench, Justice Banerjee said that she was hopeful that the numbers would soon increase. "People have to change their attitude about women...This concept of a man being the breadwinner and the woman being the perfect mother has to change. The woman is a parent, just as a man is," she added.