The Hindu : National : Need for more women judges in High Courts, says Lahoti

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Sunday, Dec 12, 2004

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National

Need for more women judges in High Courts, says Lahoti

By Our Staff Correspondent

NEW DELHI, DEC.11. The Chief Justice of India, R.C. Lahoti, has advocated the need for appointing more women judges to High Courts, also as Chief Justices to ensure speedy delivery of justice to women.

Departing from the prepared text at the inauguration of the "All-India Meeting of Chief Justices of High Courts on Women's Empowerment vis-à-vis Legislation and Judicial Decisions," organised by the National Commission for Women (NCW), Mr. Justice Lahoti said that encouraging women into the judiciary and promoting them as judges was necessary, though he could not do it officially. "Be on the look-out for brilliant women lawyers who have the potential for delivering good justice, though they may not have enough experience.''

"The female members of the Bar may be encouraged in the profession, may be given assignments as Court Commissioners for inspections and recording statements of witnesses. Preference may be given to female lawyers in the matter of assigning legal aid work or amicus curiae briefs so that they have more and more effective appearances in courts,'' he said.

`Treat women with courtesy'

Asking the judges and lawyers to treat women with courtesy and dignity while appearing in the court, Mr. Justice Lahoti said that any comment, gesture or other action on the part of anyone around had to be curbed with a heavy hand. Any gender bias had to be carefully guarded against in the court room and this protection should be extended to any women present or appearing in the court either as a member of the staff, party, witness of member of legal profession. Directing the lawyers to begin court proceedings involving women on time and proceed with in an orderly manner so that it concludes expeditiously, the Chief Justice said it was necessary to prevent the need for repeated appearance of women. "Make efforts to render a woman victim quick, speedy, cheaper and effective justice," he added.

Mr. Justice Lahoti suggested that examination and cross-examination of women witnesses must be conducted by the court itself or under the direct supervision of the presiding judge.

"Judges too have their own philosophy and their own convictions depending on the background they come from, but then, there is a collective qualitative philosophy of justice dispensation in which personal inhibitions and predilections have no place,'' he said. Landmark decisions delivered by the Indian judiciary in the past two decades bore testimony to the fact that judges could not be accused of gender injustice but such sensitivity was individual and needed to be institutionalised.

Admitting that despite international conventions, gender equality enshrined in the Constitution and a plethora of laws, widespread violations of women's rights continued to persist. The forces of globalisation and extremism and the unwillingness of other segments of humanity continue to pose a threat to women's human rights.

"Structural inequalities and power imbalances facilitate such violations as do the urge for easy money which make women more susceptible to exploitation and violence.'' A judge could make a correct and realistic evaluation of the laws and find out authoritatively the difficulties in implementation of or lacuna in legislation or while administering the laws, if deprived of requisite sensitivity, may frustrate the objectives sought to be achieved by the best of the laws, he said.

In her opening remarks, the NCW chairperson, Poornima Advani, sought a ban or curtailment of trial by media and televised re-creation of crime that often hampered investigations. Ms. Advani also suggested amendments in women-related laws to make them more women-friendly.

Mr. Justice R.C. Lahoti also released a book "Search for a Vision Statement on Women Empowerment vis-à-vis Legislation and Judicial Decisions,'' written by Padma Seth, former chairperson and adviser to the NCW.

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