Gender Gap in Justice System

Rahul Meghwar

Judiciary; a place dedicated to uplifting justice and equality, is also a place where there is no equal representation of male and female counterparts. In Pakistan from the times of the first courts established, to this day, after 75 years of Independence, we observe no difference in encouraging the participation of women in upholding Justice. After Independence, the right-wing woman stepped forward to take charge in many areas; from a pilot to military generals, from UNO to civil services, but only judiciary has always been left in the dark.

Right To Equality, Is It In-Practice In All Places?

Where Pakistani citizens were privileged that Equality before law and equal protection of law were being provided by our constitution under article 25 regardless of gender, cast, creed, place of birth; which was all because of the high ideals of the constitution makers. But even after 75 years of pakistani Independence, our country still suffers from the lack of sufficient representation from both sex at different positions throughout nation, one of them being Judiciary, whose main purpose is: “To protect rule of law and ensure supremacy of law. It safeguards rights of the individual, settles disputes in accordance with the law and ensures that democracy does not give way to individual or group dictatorship.”

But the irony lies that the place that conducts justice does not have equal representation of women, in itself. With 49 percent of Pakistan’s population comprising women, their representation in judiciary, is not reflective of their numbers. Of the 3,005 Pakistani judges in the lower and higher courts, only 519 or 17 percent are women.

Of the 114 judges in Sindh (33), Lahore (50), Peshawar (15), Balochistan (10) and Islamabad (six), only five are women (two each in the high courts of Sindh and Lahore, and one in Peshawar). This comes to 4.38pc female judges, less than the 5.3pc reported by the HRCP in 2016.  For nearly 65 years since Pakistan’s Supreme Court was established, justice was meted out at the highest court by men only and no one really noticed, It means huge absence of women professionals in the field of law and justice & rarely women are elevated to superme court.

There are many reasons for this; one being legislature being male dominate as well and their resistance in allowing more women in making laws. At higher job positions sexual discrimination and nepotism plays an integral role, each and every person has experienced this and has become indifferent to it. Secondly, education plays a vital role, as a higher position such as judiciary, various examinations are conducted for which the scores are taken into consideration rather than the gender. Thirdly;  women judges are also at the receiving end of sexism. There have been instances of losing male lawyers foul-mouthing them.

The solution for overcoming this gender inequality include the wide spread awareness through education of gender equality and the need of more female participation in judiciary. It is important for people to know that when there is equal representation in the judiciary, then only we will able to make more landmark judgements towards women protection, equality, humanitarian laws etc. We need to psychologically develop the mentality of respect and equal position of women even in higher levels of job. Politically, new laws have to be made to increase female literacy, more female employment and equal participation of women in legislature, executive and judiciary as well.

When women are affected by crimes like rape, sexual harassment, eve-teasing, and other related offences it is important that women step up take their position in not only prohibiting these happening to them but also set guidelines and protect other women from being a victim as well. Male officers are mostly occupying high posts in Government institutions and they cannot deal women issues without prejudice, which is emphasized by rule of law.

In the conclusion, it is important that there is equal representation in different sections of society as it shows the strength and vitality of a nation. And it is time to show that women are not only the backbone to a family but to a country as well. Equal representation and reducing gender insensitivity will not only show that our country is progressing but also, that India is a step ahead in being a developed country in the world.

Thankyou.

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