In 2027, we are bound to witness a historic and much-awaited milestone - the swearing-in of the first woman Chief Justice of India. Though only for a short span of a month-and-a-half, the symbolic significance of this moment cannot be overstated.
The ever-persisting issue as to why it took 75 years has been dwelled upon by many of us. However, the absence of any concrete and effective steps on the ground keeps it a burning issue as on date.
In a country that prides itself on being the world’s largest democracy, one would expect equitable representation in all arms of governance, especially the judiciary, which is the custodian of fundamental and constitutional rights.
Guarded voices do admit of deeply embedded, invisible prejudicial mannerisms in discourse and dispensation, and the systemic barriers that persist within courtrooms, corridors and chambers. The professional journey of a woman lawyer is not just defined/shaped by merit; there is a constant fight against the complex web of societal expectations, class privilege and patriarchal attitudes.
When a woman leads from the front, she has to constantly answer to the skeptical and cosmetic behavior of her male counterparts in performing her duties and obligations. Assertiveness in a man is leadership; in a woman, it is labelled as aggression. The very qualities to excel in law - including independence, courage, clarity and decisiveness - are too often discouraged and termed as overpowering. In contrast, those with inherited professional advantages often bypass these hurdles smoothly.
Empowerment and representation cannot be reduced to ceremonial appointments or symbolic tokenism. The empowerment requires conscious effort and cultural change, from the Bar to the Bench. It means creating a safe space for women to speak their minds without fear of being labelled as “aggressive”. It means understanding that equality isn’t about giving a seat at the table, it’s about recognising the right to be there in the first place. If the system continues to reward conformity and discourage dissent, then the best minds, regardless of gender, are kept from rising to their full potential. Lawyers are meant to defend justice, not to earn favours through silence. So, if we really want women to reach where we want them to, then we must first refrain from categorising and judging them for what they do professionally and/or what stand up for.
The recently introduced Women’s Reservation Bill promised a future of equitable political participation. Yet, its delayed implementation speaks volumes about our national hesitation to embrace structural change on the representation of women. Announced with great fanfare around elections, it risks becoming yet another political tool rather than a catalyst for transformation.
This is not simply an outcry for feminism and women empowerment. Women face systemic inequality in their daily lives; something that is often overlooked by society at large. We cannot claim to be truly independent until every citizen regardless of gender, caste, class or community can aspire to the highest office without barriers or biases.
Have no doubt - women discharge their professional obligations as responsibly and efficiently as they do within the four corners of their homes, whether living single or otherwise.
The lack of representation extends beyond gender. Since the retirement of Justice JS Khehar, we have not even seen another Sikh judge on the apex court’s bench, highlighting the broader lack of diversity in India’s highest Judicial forum.
78 years is far too long to still be asking for equality. The judicial institutions meant to uphold the spirit of the Constitution must lead the charge to move beyond symbolic representation. They must commit not only to realistically effective and systemic change, but also working towards changing the not-so-visible mindset that may run contrary to the objective of empowerment.
Kaveeta Wadia is a Senior Advocate. Advocate Chhavi Jain assisted her in writing this piece.