International Journal of Human Rights Law Review

International Open Access Double Blind Peer Reviewed, Referred Journal

ISSN No. : 2583-7095

Representation of Women in the Indian Legal System: Barriers, Progress, and Pathways for Gender Parity

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Ayushi Pandey & Dr. Sheeba Khalid (2026). Representation of Women in the Indian Legal System: Barriers, Progress, and Pathways for Gender Parity. International Journal of Human Rights Law Review, Volume 5(Issue 1). Retrieved from https://humanrightlawreview.in/journal/representation-of-women-in-the-indian-legal-system-barriers-progress-and-pathways-for-gender-parity/

Abstract

The Indian Judiciary & Legal Bar display grave discrepancies in gender parity, where women account for merely 2.9 -3.1% of Judges in the Supreme Court, 14% of Judges in the High Courts, and 15% of the legal bar, whereas the Indian Constitution, through Articles 14, 15, and 16, guarantees equality. Through this doctrinal & empirical analysis, the paper will examine how women were historically excluded, current data through the Indian Justice Report 2025 & NCRB figures, historic judgments such as Vishaka v. State of Rajasthan, & system-level barriers such as opaque collegium processes & inadequate infrastructural facilities. Major findings indicate the presence of a "glass ceiling," where the lower echelons of judges account for 35%, plummeting further ahead, where conviction rates for crimes against women remain abysmally low at 27.8% in rapes in 2022, reflecting varying levels of sensitivity. By doctrinal analysis of Articles 124 & 217, bias at the collegium levels comes to the fore, whereas through non-doctrinal findings based on Bar Council figures, women account for a paltry 2% of top State Bar leaderships. By making necessary changes through reservations (notably, the Supreme Court's requirement of 30% reservation in each bar council by 2025, & transparent nomination procedures, infrastructural improvements ensuring further substantive equality, greater women's participation ends up ensuring disparate outcomes, enhanced conviction rates in gender violence offenses, & achievement of Goal-5 of Sustainable Development Agenda, ensuring gender equality, requiring immediate legislative interventions to make the Indian Judicial system representative.

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International Journal of Human Rights Law Review
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2583-7095
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