ROLE OF WOMEN IN JUSTICE DELIVERY

1.     WOMEN AS LAWYERS  - the first lady lawyer in India – not many lawyers were women around the world. The predominant perception in a patriarchal society is that women lawyers are meak, submissive and do not have a voice loud enough to be taken seriously. She is often taken as an amusing object who gives a “delightful” argument in the case by her opponents. A lady lawyer is predominantly engaged by litigants who have lost faith in their male advocates, in the system. A lady lawyer till date holds the privilege and honour of being perceived as an honest, sincere and hardworking lawyer. She is not perceived as a corrupt, overtly greedy and unscrupulous element. How is the role of a lady lawyer different from that of her male colleague in justice delivery system ?  A lady lawyer is more sensitive to the needs of the client. She perceives things differently than her male counterpart. Her approach is more balanced to issues of domestic violence, rape, property rights of women, etc. Often, the clients are relieved to find a person who is not prejudiced or judgmental towards the life situation of the client. She understands the needs and emotions of the father, mother, brother of a dowry death victim. The common perception of the clients and male advocates is that lady lawyers are not bold enough to put out a good argument in criminal cases. However, this has changed tremendously in past few decades. There are many distinguished women lawyers excelling in criminal jurisprudence. And more often they are the pioneers who mold the thoughts of the courts in landmark judgments which concern rights of women in property matters, matrimonial – household laws. Women are innately reserved and feel most comfortable in sharing their problems and reservations with lady lawyers. 

2.     WOMEN AS JUDGES -  the first lady judge in India, Unfortunately, our country is still behind having an all woman’s bench in the High Courts, district courts, Supreme Courts. This is not about women versus men or us versus them. It is about how women who are qualified, very experienced in service still not being equally represented in the society. The disparity in the ratio of female and male judges is shockingly high. Our country has seen women judges from the lowest and farthest courts uptill the apex court. There was a time when male judges used to be weary, skeptical and anti the concept of sharing the bench space with lady judges but over time the lady judges have shown that they are not women but judges. Women judges are more honest and straightforward since unlike their male counterparts they do not socialize with many colleagues and judges or clients. They are mostly concerned with family – home and work spheres. This makes them impartial and fearless judges. They are most sensitive to the needs of a rape victim. She does not presume consent or an affair unlike her male counterparts. She is sensitive to the crimes committed against children and the needs of children. More often the offense under section 354 is taken more seriously by a lady judge than her male counterpart. They take section 506 also with the same seriousness and make sure the victim feels safeguarded in the interim. Once there was tremendous personal and professional pressure on the lady judge to pass a judgment in a political case which involved election and counting of votes in a high profile case, she started counting the votes within the locked court from 9am and finally finished it diligently by 9pm. This shows her honesty, integrity and determination to mete out justice at all costs.

In cases of Maintenance of women it has been seen that lady judges are more generous in awarding maintenance. Where the maintenance of only the wife is concerned and the man has no other major liability of his parents sometimes compensation to the extent of one third of the total salary of the husband is awarded. When the maintenance is of wife and children sometimes women judges award even more than 50 % of the husband's salary as maintenance. The male judges however are seen to award maintenance in a very grudging manner, it is mostly limited to the extent of one tenth of the husband;s salary. They believe that the husband should not be burdened by maintaining a former wife. It is also very apparent that more and more women have entered the field of law, policy administration and it is no more a taboo for a lady to be a lawyer or police officer. 

3.    WOMEN AS POLICE OFFICERS – first policewoman in India – Once a 10 year old girl was raped and rushed to the police station. The Lady SHO rushed the little girl to the hospital got her MLC done. Asked the raiding party to switch off their cellphones as she did hers. Nabbed the sons of MLAs Sarpanch and businessmen who raped that little girl. The lady judge appreciated the courage of the lady SHO to nab the perpetrators of such crime. Most policemen take offences under section 354/506/376 in a trivial manner. Important evidence and time is lost in this attitude. This is how the need of having women helpline, women choukis, women police stations arrived and was met. It has been observed consistently that women officers are vigilant in discouraging fraudulent and false cruelty, dowry cases often lodged by women litigants. This safeguards the rights of men when they have been wrongfully and falsely blackmailed into a litigation. Women police officers have diligently strived to uphold the law of our country.

4.    WOMEN AS LITIGANTS  -  Mother of Nitish Kataria and sister of Jessica Lal are two examples of strong women litigants who fought against the high and mighty so that justice could see the light of the day. Women mostly don’t have the decision making power at home. Therefore, even women from upper class families seldom join the courtroom proceedings because they don’t have financial power and also in a patriarchal Indian society like ours it is against  the honour of the family if the lady of the house has to see the courtroom corridors. When it comes to fighting for rights and justice women litigants are as zealous, determined and hardworking as any other litigant.

5.    WOMEN AS PARLIAMENTARIANS -  Mrs. Sushma Swaraj, the present foreign affairs Minister has left the country awestruck by making realtime difference in providing relief to both India and foreign nationals all around the world. She is a qualified lawyer and an ace politician. Indian women have contributed immensely in making laws as more women friendly. WE take pride in having several lady Parliamentarians and a lady Prime Minister whereas the most powerful democracy in the world has still not voted for a well qualified and highly experienced lawyer – politician like Hillary Clinton as POTUS. We have an inspiring Animals rights activist minister in charge of Ministry of women and Child who has tried to make realtime difference in lives of women across india. When the Nirbhaya case outraged the conscience of our nation it wasn’t the first time that such grave and heinous crimes happened in our country but the lawmakers brought out landmark criminal law amendment in 2013. Women lawmakers from Punjab, Rajasthan have defied customs and rituals to make remarkable difference in their constituencies. Opposition leaders like Brinda Karat, Mamta Bannerji, Jayalalitha so and so forth are few women who formulate the public opinion and in doing so influence the law of our land.

6.    WOMEN AS ADMINISTRATORS – there are women like Durga Shakti who took on the mafia of politicians and businessmen and defied norms and conventions in the name of integrity, justice and making our country corruption free.  We have so many examples of IAS, IRS, IFS officers who are contributing in the field of law, policy and administration differently than their male counterparts and inspiring generations of women to excel and march on boldly.