Book contents
- Women and the Judiciary in the Asia-Pacific
- Women and the Judiciary in the Asia-Pacific
- Copyright page
- Contents
- Figures
- Tables
- Preface
- Contributors
- Abbreviations
- 1 The Feminisation of the Judiciary in the Asia-Pacific
- 2 ‘To Join the Bench and Be Decision-Makers’
- 3 Reframing Feminist Imperatives in Adjudication through a Reading of Sri Lankan Jurisprudence
- 4 Women in the Thai Judiciary
- 5 The Promise and Paradox of Women Judges in the Judiciary in Indonesia
- 6 Filipino Women Judges and Their Role in Advancing Judicial Independence in the Philippines
- 7 One Decade of Female Judges in the Malaysian Shariah Judiciary
- 8 Gender on the Bench Matters for Sustainable Development
- 9 Feminising the Indian Judiciary
- 10 Concluding Remarks
- Index
- References
9 - Feminising the Indian Judiciary
The Gender Gap and the Possibilities of Objectivity
Published online by Cambridge University Press: 21 October 2021
Edited by
Book contents
- Women and the Judiciary in the Asia-Pacific
- Women and the Judiciary in the Asia-Pacific
- Copyright page
- Contents
- Figures
- Tables
- Preface
- Contributors
- Abbreviations
- 1 The Feminisation of the Judiciary in the Asia-Pacific
- 2 ‘To Join the Bench and Be Decision-Makers’
- 3 Reframing Feminist Imperatives in Adjudication through a Reading of Sri Lankan Jurisprudence
- 4 Women in the Thai Judiciary
- 5 The Promise and Paradox of Women Judges in the Judiciary in Indonesia
- 6 Filipino Women Judges and Their Role in Advancing Judicial Independence in the Philippines
- 7 One Decade of Female Judges in the Malaysian Shariah Judiciary
- 8 Gender on the Bench Matters for Sustainable Development
- 9 Feminising the Indian Judiciary
- 10 Concluding Remarks
- Index
- References
Summary
This chapter looks at the nuances of gender dynamics in the Indian judiciary since independence. The Supreme Court has only eight female judges, or 11 per cent and there has never been a female chief justice of India. The gender gap in the judiciary is therefore complex and its possible impact on the discourse of legal tradition in India. The immobility of women in the highest court of law compels us to relook at hierarchy, representation and the institutional processes involved in the judiciary. The chapter will also look at the idea of gendered objectivity and its interconnectedness with the process of maneuvering gender discourse within the system. The chapter will look at the historical representation of women in the judicial system, followed by a consideration of what gender ‘objectivity’ denotes in the course of judgments. With recent path-breaking judgments pertaining to gender discrimination and equal rights, the third section will highlight the overall impact of women’s representation in the judiciary and the possibilities for change in addressing issues of women.
- Type
- Chapter
- Information
- Women and the Judiciary in the Asia-Pacific , pp. 261 - 290Publisher: Cambridge University PressPrint publication year: 2021
References
Agnes, Flavia. 1999. Law and Gender Inequality: The Politics of Women’s Rights in India. New Delhi: Oxford University Press.Google Scholar
Ballakrishnen, Swethaa. 2013. ‘Why Is Gender a Form of Diversity: Rising Advantages for Women in Global Indian Law Firms’. Indiana Journal of Global Legal Studies, Vol. 20, Issue 2, pp. 1261–1289.Google Scholar
Berns, Sandra S. and Baron, Paula. 1994. ‘Bloody Bones: A Legal Ghost Story and Entertainment in Two Voices to Speak as a Judge’. Australian Feminist Law Journal, Vol. 2, Issue 1, pp. 125–149.Google Scholar
Bourdieu, P. 1986. The Forms of Capital. In Richardson, J. (ed.) Handbook of Theory and Research for Sociology of Education. New York: Greenwood. pp. 241–258.Google Scholar
Calkins, P. B. 1968–1969. ‘A Note on Lawyers in Muslim India’. Law and Society Review, Vol. 3, Issues 2/3, pp. 403–406.Google Scholar
Chanda, Sangita. 2014. Women and Legal Profession: In Reference to Indian Context. New Delhi: Satyam Law International.Google Scholar
Chandrachud, Abhinav. 2015. An Independent, Colonial Judiciary: A History of the Bombay High Court During the British Raj, 1862–1947. New Delhi: Oxford University Press.Google Scholar
Chandrachud, Abhinav. 2018. Supreme Whispers: Conversations with Judges of the Supreme Court of India, 1980–1989. Gurgaon: Penguin Books India.Google Scholar
Chandrashekaran, Sumathi, Sanyal, Diksha, Tripathy, Shreya andJain, Tarika. 2020. ‘Breaking through the Old Boys’ Club: The Rise of Women in the Lower Judiciary’. Economic and Political Weekly, Vol. LV, Issue 4, pp. 33–40.Google Scholar
Damodaran, A. K. and Visvanathan, Susan. 1995. ‘Cultural Pluralism’. India International Centre Quarterly, Vol. 22, Issues 2/3, pp. 1–15.Google Scholar
Devika, J. 2005. Her-Self: Gender and Early Writings of Malayalee Women. New Delhi: Popular Prakashan.Google Scholar
Devika, J. and Sukumar, Mini. 2006. ‘Making Space for Feminist Social Critique in Contemporary Kerala’. Economic and Political Weekly, Vol. 41, Issue 42, pp. 4469–4475.Google Scholar
Elman, Philip, ed. 1956. Of Law and Men: Papers and Addresses of Felix Frankfurter, 1939–1956. New York: Harcourt Brace.Google Scholar
Gadbois, George Harold. 2011. Judges of the Supreme Court of India: 1950–1989. New Delhi: Oxford University Press.Google Scholar
Gandhi, J. S.(ed.) 1994. Professions, Law and Social Change. New Delhi: Har –Anand Publications.Google Scholar
Gosh, Arijeet, Sanyal, Diksha, Khaitan, Nitika and Reddy, Sandeep. 2018. ‘Tilting the Scale: Gender Imbalance in the Lower Judiciary’. New Delhi: Vidhi Centre for Legal Policy.Google Scholar
Gooptu, Suparna. 2010. Cornelia Sorabji: India’s Pioneer Woman Lawyer: A Biography. New Delhi: Oxford University Press.Google Scholar
Hale, Baroness. 2006. The Appointment and Removal of Judges: Independence and Diversity. International Association of Women Judges Conference 8th Biennial, 3–7 May 2006, Sydney.Google Scholar
Kirkup, Gill and Keller, Laurie Smith, eds.1992. Inventing Women: Science, Technology and Gender. Cambridge: Polity.Google Scholar
Kumar, Alok Prasanna. 2016. ‘Absence of Diversity in the Higher Judiciary’. Economic and Political Weekly, Vol. 51, Issue 8, pp. 10–11.Google Scholar
Malinowski, Bronislaw. 1922. Argonauts of the Western Pacific: An Account of Native Enterprise and Adventure in the Archipelagoes of Melanessian New Guinea. London: Routledge and Kegan & Paul.Google Scholar
McDowell, Linda. 1997. Capital Culture: Gender at Work in the City. Oxford: Blackwell.CrossRefGoogle Scholar
Mitchell, J. Clyde, ed. 1969. Social Networks in Urban Situations. Manchester: Manchester University Press.Google Scholar
Mossman, Mary Jane. 2006. The First Women Lawyers: A Comparative Study of Gender Law and the Legal Professions. Oxford: Hart Publishing.Google Scholar
Oommen, T. K. 1986. ‘The Legal Profession in Independent India: A Sociological Overview’. Indian Bar Review, Vol. 13, Issues 3/4, p. 377.Google Scholar
Raksht, Nirmalendu B. 2004. ‘Judicial Appointments’. Economic and Political Weekly, Vol. 39, Issue 27, pp. 2959–2961.Google Scholar
Sharma, K. L. 1984. Sociology of Law and Legal Profession (A Study of Relation between Lawyers and Their Clients). Jaipur: Rawat Publications.Google Scholar
Sharma, S. L. 2010. ‘Status of Research on Legal Profession in India’. In Verma, S. K. and Wani (eds.), M. Afzal, Legal Research and Methodology (2nd edition). New Delhi: Indian Law Institute, pp. 184–195.Google Scholar
Singh, Prakhar and Roy, Pragya. 2018. ‘Questioning the Dissenting Voice in the Sabarimala Verdict’. Economic and Political Weekly, Vol. 53, Issue 44.Google Scholar
Singh, Yogendra. 1978. ‘Legal System, Legitimation and Social Change’. In Essays on Modernization in India. Delhi: Manohar Book Service, pp. 137–157.Google Scholar
Sorabji, Cornelia. 1934. India Calling: The Memories of Cornelia Sorabji. London: Nisbet, reprint. Oxford University Press, Delhi, 2001, Trent editions, Nottingham 2004.Google Scholar
Sorabji, Richard. 2010. Opening Door: The Untold Stories of Cornelia Sorabji, Reformer, Lawyer and Champion of Women’s Right in India. London: I. B. Tauris & Co. Ltd.Google Scholar
Vatuk, Sylvia. 2013. ‘The “Women’s Court” in India: An Alternative Dispute Resolution Body for Women in Distress’. The Journal of Legal Pluralism and Unofficial Law, Vol. 45, Issue 1, pp. 76–103.Google Scholar