Women, the Bar and the Bench: the Case for a Gender-Inclusive Justice System in India
- Raghvendra Pandey
- Aug 1
- 4 min read
Updated: Aug 3
India’s Constitutional framework has placed equality at the heart of our democratic order. Under Articles 14, 15, and 16, the Indian Constitution embodies equality before the law, which prohibits discrimination and guarantees equality of opportunity. Yet, when we examine the institution entrusted with enforcing constitutional promises, an important question remains:
“How inclusive is India’s justice system for women?”
The answer cannot be found merely by counting the women judges. Women engage with the justice system in different capacities, as advocates, judges and litigants. Gender inclusion should not be measured merely by the number of women judges. It should also mean greater participation of women as advocates, adequate representation on the Bench, and a justice system that is accessible, respectful, and dignified for every woman who seeks to enforce her rights.
Recent developments, particularly the Hon’ble Supreme Court directions mandating 30% representation of women in the Bar Association governing bodies, have brought the question of institutional representation into renewed focus. At the same time, the increasing number of the women entering the district judiciary and the recent appointments to the constitutional courts show progress. However, representation must ultimately translate into meaningful participation, leadership, and lasting institutional reforms.
Women on the Bench: Progress and the Representation Gap
The history of women in the Indian judiciary predates many comparable developments internationally. Justice Anna Chandy was India's first woman High Court judge when she was appointed to the Kerala High Court. Three decades later, Justice M. Fatima Beevi broke another barrier. After serving in the Kerala subordinate judiciary and later the Hon’ble Kerala High Court, she was elevated to the Hon’ble Supreme Court on 06 October 1989, becoming the first woman judge of India’s Apex Court.
As of February 2026, women constituted 116 of 813 working High Court judges i.e. approximately 14.27%. Recently, development nevertheless offers important signs of progress. Justice V. Mohana’s elevation as judge of the Supreme Court in June 2026 directly from the Bar demonstrates the importance of sustaining women in Litigation. Justice B.V. Nagarathna, under the seniority convention, is expected to become India’s first woman Chief Justice of India in 2027.
Former Chief Justice of India, Dr. D.Y. Chandrachud repeatedly drew attention to the growing numbers of women succeeding in the judicial service recruitment. Referring to the recruitment trends, Justice Chandrachud has described the increasing presence of women in the District Judiciary as part of a generation shift.
Women at the Bar : Representation and Opportunity
Women today are entering law schools in significant numbers and are making their presence felt across diverse fields of legal practice, including constitutional, commercial, criminal, family, taxation and intellectual property law. However, the challenge lies not in entering the profession but in building and sustaining a career in litigation. Establishing a successful litigation practice often takes decades, requiring continuous professional growth, resilience and access to opportunities.
The formative years of litigation often involve uncertain income, long working hours, dependence on professional networks, chamber opportunities, client development and mentorship. For many women, these years coincide with the social expectations surrounding marriage, motherhood and caregiving.
The Hon’ble Supreme Court’s intervention concerning the women’s representation in bar associations represents a significant structural development. In the case of Deeksha N. Amruthesh V. State of Karnataka 2026 SCC OnLine SC 472, and connected matters, the Court addressed 30% representation of women advocates as office-bearers or the executive members of the Bar Associations.
Oudh Bar Association: A Local Development with National Relevance
The Oudh Bar Association, representing advocates practising before the Lucknow Bench of the Allahabad High Court, is one of India's historic bar institutions. Having marked its 125th Foundation Year in 2025, the Association represents a long institutional tradition of the Bar’s participation in the administration of justice.
The present governing structure of the Oudh Bar Association already includes women among its Senior and Junior Executive Members. Following the Supreme Court’s directions mandating 30% representation of women in Bar Association governing bodies, the Association has already begun considering the implementation. In June 2026, it also informed the Allahabad High Court that it was taking steps to comply with the Supreme Court’s directions.
For Bar Associations across India, this development offers an opportunity to look beyond electoral compliance. Mentorship for young women advocates, childcare support, appropriate court infrastructure, professional training and effective grievance mechanisms can help to transform numerical representation into meaningful inclusion.
Women as Litigants: Making Justice Accessible
The judiciary frequently focuses on women judges and advocates. Yet, the gender-inclusive justice system must equally examine the experience of women who enter the court seeking justice.
For women pursuing maintenance, protection from domestic violence, custody, matrimonial remedies or property rights, litigation may coincide with their financial dependence and the caregiving responsibilities. Repeated adjournments can often mean loss of wages, additional travel expenses and prolonged uncertainty.
These are not peripheral welfare concerns. They are components of effective access to justice. Accessibility must similarly include creches and childcare facilities, hygienic infrastructure, safe waiting spaces, legal-aid assistance, e-filing support and appropriate use of hybrid hearings. A creche in the court or mediation complex may appear to be a small infrastructural intervention, but it reflects the larger principle, justice institutions should be designed around the practical realities of those who use them.
Conclusion
India’s journey from Justice Anna Chandy in 1959 to Justice M. Fathima Beevi in 1989 and from increasing participation in the district judiciary to the Supreme Court’s 30% representation initiative, India’s judicial system has travelled a considerable distance.
The next step must be from mere representation to meaningful participation. A gender-inclusive justice system will be achieved not merely when more women enter the courtrooms, but when women can enter them, as advocates, judges, and litigants with equal opportunity, dignity, institutional support and an equal voice in the administration of justice.
Adv. Raghvendra Pandey is a first-generation lawyer and is a practicing advocate at the Lucknow Bench of the Allahabad High Court and currently serves as the Vice President of the Oudh Bar Association, Lucknow for the term 2025-2026. He is also a Government Counsel and has over 10 years of legal experience, with a primary focus on criminal law, cyber crime, and Armed Forces Tribunal matters. A former President of the Student Union, he is known for his active role in the legal fraternity and his commitment to justice and public service.
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