Retired Supreme Court judge Justice Hima Kohli has emphasized the importance of increasing the representation of women in the judiciary, highlighting the challenges posed by a limited pool of female practitioners. Speaking on the issue, Justice Kohli explained that the smaller number of women lawyers naturally results in fewer choices for collegiums in state high courts when selecting candidates for judicial positions.
Justice Kohli pointed out that even as recently as the 1990s, the number of women practitioners in law was significantly low. She attributed this to various factors, including the need for many women lawyers to take career breaks to care for children. As a result, their contemporaries who continued uninterrupted often advanced more quickly in their careers. While some women manage to return to their practice due to strong family support, others struggle to retain clients after relocating following marriage.
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“Many women sacrifice their careers for family and married life,” Justice Kohli noted. However, she observed a positive shift since 2000, with many women choosing to marry later in life to focus on establishing their careers first. This trend has enabled them to work harder and strive for equal standing alongside their male counterparts.
Justice Kohli also shared her experiences regarding the practical challenges women face in the legal profession, such as inadequate restroom facilities for female lawyers. Recalling her early days in the profession, she mentioned that in the Delhi High Court, there was only one restroom for women in the bar room. The situation was even more challenging in district courts, where facilities were extremely limited.
In discussing the judicial system, Justice Kohli addressed the pressing need for more judges to manage the increasing volume of litigation. She pointed out that new statutes introduced by the legislature often lead to a surge in cases, complicating the judiciary’s ability to function effectively.
“We need more judges, but simply increasing their numbers isn’t enough,” she said. “We also require adequate courtrooms, supporting staff, and infrastructure.” Justice Kohli highlighted that many young judicial officers currently lack courtrooms to conduct their hearings, making it challenging for them to dispense justice effectively.
In conclusion, Justice Kohli’s insights underline the critical need for systemic changes to promote gender equality in the judiciary and ensure that the legal system can handle the growing demands placed upon it.
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