Barrister Sultan Zahoor

Despite growing participation in public life, women remain vastly outnumbered in leadership positions within the justice system, particularly at the highest levels. This lack of representation has severe consequences for the fairness and legitimacy of the courts.

Judges are critical in upholding the law and ensuring justice for all. When women are included in the judiciary, courts better reflect the societies they serve. Women judges bring diverse perspectives and experiences to the table, leading to more well-rounded judgments that consider the entire population’s needs.

The presence of women on the bench also enhances public trust in the justice system. It sends a powerful message that courts are open and accessible to everyone seeking fair legal treatment. Historically excluded from these positions, women’s increasing presence in the judiciary is a positive step towards a more transparent, inclusive, and representative legal system.

The global community is taking action to address the gender imbalance in the justice system. The United Nations General Assembly declared March 10th the International Day of Women Judges. This day reminds us of the importance of promoting women’s participation in the judiciary at all levels, from leadership positions to management and other critical roles.

The “Women in Justice, Women for Justice” campaign is a testament to the progress made in ensuring women’s full and equal participation in the judiciary. By celebrating the achievements of women judges, the campaign inspires hope and raises awareness about the challenges that remain. Initiatives like the Global Judicial Integrity Network, established by the United Nations Office on Drugs and Crime (UNODC), provide a platform for female judges to connect, share experiences, and build solidarity, furthering the cause of gender equality in the justice system.

Women judges bring more than just diversity to the justice system. Studies have shown that a more significant presence of women in law enforcement and judicial institutions leads to more effective responses to crime, with a focus on the needs of victims. Women in leadership roles can also act as agents of change, promoting greater accountability and reducing corruption within the legal system. Investing in the advancement of women in the justice system benefits everyone. It ensures fairer treatment for all, promotes equality before the law, and contributes to a more just and peaceful society. Achieving sustainable development, peace, and democracy requires the active participation of women on equal footing with men, including within the crucial decision-making structures of the justice system.

While historical inequalities persist, positive steps are being taken to ensure a more balanced judiciary. The International Day of Women Judges and initiatives like the Global Judicial Integrity Network are testaments to this progress. These efforts are aligned with the broader goals of gender equality, as championed by UNODC and the Global Programme for the Implementation of the Doha Declaration. By promoting a culture of lawfulness and full participation of women in all professional spheres, we can build a more just and equitable world for all. Your support and involvement in these initiatives are crucial for their success and advancing gender equality in the justice system.

Pakistan, like many countries, has a long way to go in achieving gender equality within its judiciary. While women’s participation in public life has increased, their presence in judicial leadership positions remains significantly lower. This lack of representation has a ripple effect, impacting the fairness, legitimacy, and effectiveness of the justice system for all Pakistanis. A diverse judiciary is a strong judiciary. Women judges bring unique perspectives and experiences to the table, fostering a more comprehensive understanding of the issues at hand. This can lead to more inclusive rulings that consider the entire population’s needs.

Furthermore, a judiciary that reflects the demographics of the society it serves inspires greater public trust. When women see themselves represented on the bench, they are more likely to believe in the fairness and accessibility of the justice system. This is particularly important in Pakistan, where cultural norms may sometimes discourage women from seeking legal recourse.

There have been positive developments. The first woman judge was appointed in Pakistan in 1974, and the number of female judges has grown steadily since then. Notably, Justice Ayesha Malik became the first woman to be elevated to the Supreme Court in 2022. However, women remain vastly underrepresented, especially in higher courts.

One of the main hurdles is the appointment process. Currently, appointments to the superior courts are often based on seniority and recommendations from existing judges, a system that can perpetuate the dominance of men. Additionally, societal biases and a lack of support structures for female lawyers pursuing judicial careers can further hinder their advancement.

To create a truly balanced judiciary, Pakistan’s legal system needs a multi-pronged approach:

• Merit-based Appointments: A transparent and merit-based selection process that evaluates candidates based on their qualifications and experience, not just seniority or gender, is crucial.
• Quotas and Affirmative Action: Implementing temporary quotas for women in judicial appointments can help accelerate progress toward a more balanced judiciary.
• Mentorship and Training Programs: Providing targeted mentorship and training programs for women lawyers interested in pursuing judicial careers can equip them with the necessary skills and knowledge.
• Addressing Societal Bias: Tackling societal biases that discourage women from pursuing careers in law is essential. Educational initiatives and awareness campaigns can play a vital role in this process.

Investing in women judges is not just about fairness; it’s about creating a more effective legal system for all Pakistanis. Studies have shown that courts with a greater presence of women are more likely to deliver victim-centered responses to crimes, especially those impacting women and children. Additionally, women judges can be instrumental in promoting accountability within the legal system itself.

A judiciary that reflects the diversity of Pakistan’s population is not just a dream; it’s a necessity. By taking concrete steps to ensure the proper representation of women judges, Pakistan can build a stronger, fairer, and more just legal system for generations to come. This, in turn, will contribute to a more inclusive and equitable society where everyone has access to justice.