Top court judge laments delay in women quota roll-out

Supreme Court judge justice BV Nagarathna on Saturday lamented the delay in implementing the 33% reservation for women in Parliament and state assemblies despite the law being enacted in 2023.

Delivering an address at the centenary celebrations of Cornelia Sorabji — the first woman to practise law in India, at the University of Mumbai — the judge emphasised that women must be given sufficient opportunities to demonstrate their talent in the realm of policymaking and leadership.

“Parliament has enacted a law to give 33% reservation for women in Parliament, but the same has not been given effect to till date,” justice Nagarathna pointed out. She noted that even in 2024, women held only 14% of Lok Sabha seats and 15% of Rajya Sabha seats, with less than 7% occupying ministerial positions.

Notified in September 2023, the constitutional amendment for women’s quota reserves one-third of seats in the Lok Sabha, state legislative assemblies and the Delhi assembly for women, including reserved seats for Scheduled Castes and Scheduled Tribes. Implementation hinges on the publication of the next census, projected around 2027, and the reservation will be valid for 15 years, subject to parliamentary extension. Constituency boundaries will also be adjusted after the census.

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In her address, justice Nagarathna, highlighting the systemic barriers that hinder women’s progress, called for immediate action to ensure greater representation. “A century of experience has shown that celebrating individual accomplishments is insufficient to trickle down the true and material benefits of gender justice, a solemn constitutional goal,” she said.

The judge underscored the importance of women’s participation not only in politics but also in the legal profession. “At least 30% of the law officers representing the Central or state governments must be women. Further, at least 30% of all public sector empanelments of legal advisors must be women, so also in all state instrumentalities and agencies,” she stated. Justice Nagarathna also called for greater representation of competent women advocates in high courts, arguing that if male advocates under 45 could be appointed, the same opportunity must be extended to women.

Justice Nagarathna’s address also reflected on the deeper societal constructs that perpetuate gender biases. Referencing Cornelia Sorabji’s “Indian Tales of the Great Ones”, she noted how history itself has often reinforced patriarchal shackles. “Razia Sultan, a great monarch, lost her throne because she was a woman who ruled as a man. We must unpack this assertion,” she said, challenging traditional gendered perceptions of leadership.

Drawing upon an assertion by Simone de Beauvoir (a French existentialist philosopher and writer) that “one is not born but becomes a woman,” she stressed that society must break free from outdated gender roles.

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“There is no virtue for success that is exclusive to men and lacks in women. Sternness, strength, and tact are virtues intrinsic to women just as they are to men,” she asserted.

Justice Nagarathna highlighted that inclusivity in leadership does not come at the cost of meritocracy. “Any attempt at inclusivity does not prioritise inclusivity over meritocracy but only challenges entrenched stereotypes,” she maintained. She cited the Companies Act, 2013, which mandates greater representation of women on corporate boards, as an example of a successful intervention that led to a significant rise in women’s leadership roles.

The judge also called for mentorship programs to support women in their careers, stating, “Mentors can provide invaluable advice, encouragement, and connections that help women navigate workplace challenges. We need to create more opportunities for women to mentor and be mentored.”

Justice Nagarathna’s speech went beyond professional achievements, urging recognition of the vital role women play in shaping families and communities. “The rich interior lives of ordinary women—mothers, wives, caregivers—must also be recognised. Their importance is not always visible, but in many ways, these are the women who hold the fort for their family members to conquer the world outside,” she said.

She called for the stories of such women to be acknowledged as part of women’s collective histories. “We should acknowledge that women’s labour in shaping families and communities is as significant as achievements in the professional or political sphere,” she said, stressing that contributions to the private sphere have ripple effects in the public domain.

Emphasising the critical need for gender diversity in the judiciary, justice Nagarathna said: “The judiciary, at every level, must be sensitive, independent, and free from biases. By promoting gender diversity on the Bench, we ensure that multiple perspectives are weighed and balanced in arriving at judicial decisions,” she said.

She argued that systemic discrimination hampers women’s upward mobility in the legal profession. “While the number of women graduating from top law schools is nearly equal to their male counterparts, this does not translate to equal representation at the workplace or at higher positions,” she observed.

Concluding her address, Justice Nagarathna called for a concerted effort from institutions and individuals to dismantle gender barriers. “Every member of the fraternity and every institution has a role to play in the three-pronged objective of entry, retention, and advancement of women in the legal profession,” she said.

She expressed optimism that, with conscious efforts, the glass ceiling could one day become a relic of the past. “The glass ceiling will become a thing of the past only through acknowledgment and community learning,” she said.