Diversity is central to a just judicial system

Last week, Supreme Court judge justice BV Nagarathna, while speaking to law graduates in Delhi about the significant challenges facing the legal profession, described the state of affairs as “disturbing”, and lamented the gender imbalance in the legal profession. In her lecture at NLU Delhi, she noted that out of 788 judges in high courts, only 107, or just 13%, are women, decrying the systemic barriers preventing women from advancing in their careers.

The judge is right. Problems of diversity are old and endemic in India’s legal system. Her argument was made in the context of gender but can be equally applied to questions of diversity across caste, faith, tribes, classes and opportunities. The presence of judges from diverse backgrounds and walks of life is not only a social good that ensures equality of opportunity in courts but also enriches the judicial system with valuable perspectives. It makes the criminal justice system more empathetic, helping marginalised groups to access justice. As Chief Justice of India Dhananjaya Y Chandrachud has noted, such a focus on diversity doesn’t detract from the pursuit of merit but instead enriches it, broadens the spectrum of perspectives, and leads to more comprehensive and equitable decisions.

Ensuring such diversity, though, is a demanding and painstaking task. The legal profession is historically plagued by access barriers, and while strides have been made, concerted efforts are needed to tear down legacy hurdles. Attention must be paid to structural issues. Justice Nagarathna noted that women account for only 15% of enrolled lawyers in India, and many drop out in the prime of their careers because of the lack of work-life balance. Diversity efforts can bear rich fruits — a just judicial system that mirrors the diversity of the society it serves.

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