The observation by Chief Justice D.Y. Chandrachud at the ‘National Conference of the District Judiciary’ regarding the abysmal state of female-friendly infrastructure in district courts across the country is both a stark reminder and a call to action. The revelation that only 6.7 percent of court infrastructure at the district level is female-friendly is nothing short of alarming. In a nation that prides itself on its progressive strides towards gender equality, such a statistic is unacceptable and demands urgent correction. The judiciary in India, like many other sectors, has historically been male-dominated. However, in recent years, there has been a significant increase in the number of women entering the legal profession. In some states, women make up over 60 to 70 percent of new recruits at the basic level. This influx of women into the judiciary highlights the urgent need for courts to adapt and ensure that their infrastructure is conducive to the needs of female professionals and litigants.
Despite the increase in female representation, the judicial environment remains largely unaccommodating to women. The lack of female-friendly infrastructure is symptomatic of a broader issue of gender insensitivity within the legal system. This is not just about physical infrastructure but also about the cultural and systemic biases that continue to pervade the judiciary. As the CJI rightly pointed out, these biases must be confronted head-on if we are to create a truly equitable judicial system.
The term “female-friendly infrastructure” encompasses a wide range of facilities and considerations. At its most basic level, it includes the provision of clean and safe restroom facilities for women, something that is often taken for granted but is sorely lacking in many district courts. Additionally, it involves the establishment of facilities such as crèches, which are crucial for female professionals who are also mothers. The absence of such facilities not only makes it difficult for women to work in the judiciary but also sends a message that their needs are secondary. Moreover, female-friendly infrastructure also includes measures to ensure the safety and security of women within court premises. This is particularly important given the nature of the cases that are often heard in courts, including those related to domestic violence, sexual harassment and other gender-based crimes. The presence of adequate security measures, well-lit corridors and separate waiting areas for female litigants can go a long way in making courts a safer space for women.
The CJI’s emphasis on creating a safe and accommodating environment for all members of society is commendable. The judiciary must be a place where everyone, regardless of their gender, socio-economic background, or physical ability, feels safe and respected. This requires not just infrastructural changes but also a shift in the mindset of those who work within the judiciary. In this context, the CJI’s call for infrastructure audits is a step in the right direction. Such audits can help identify the gaps in existing infrastructure and provide a roadmap for improvements. Additionally, the introduction of technological projects like e-Seva Kendras and video conferencing devices, as an alternative, can help bridge the accessibility gap. Furthermore, there must be a concerted effort to ensure that women are represented at all levels of the judiciary, including in leadership positions. The presence of women in such roles can help to challenge and change the prevailing norms and practices within the judiciary, creating a more inclusive and equitable environment for all.
The responsibility for creating female-friendly court infrastructure does not rest solely with the judiciary. The Government has to provide funding for the construction of new facilities as well as the renovation and upgrading of existing ones. By working together, the judiciary, Government, and civil society can create a legal system that truly reflects the principles of equality and justice for all. Creating female-friendly court infrastructure is not just a matter of convenience; it is a matter of justice.
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