The 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, right-wing women rose to positions of power in a variety of fields, from pilots to military generals, the United Nations to civil services, but only the judiciary has been kept in the dark.
Is the right to equality practiced everywhere?
Where Pakistani citizens were privileged, equality before the law and equal protection of the law were provided by our constitution under Article 25 regardless of gender, caste, creed, or place of birth, all because of the constitution’s high ideals. But even after 75 years of Pakistani Independence, our country still suffers from the lack of sufficient representation from both sexes at different positions throughout the nation, one of them being the judiciary, whose main purpose is:
“To protect the rule of law and ensure the supremacy of law,” It safeguards the rights of the individual, settles disputes following 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 per cent of Pakistan’s population being women, their representation in the judiciary is not reflective of their numbers. Of the 3,005 Pakistani judges in the lower and higher courts, only 519 or 17pc are women.
Politically, new laws have to be made to increase female literacy, female employment, and equal participation of women in the legislature, executive branch, and judiciary as well.
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 noticed. This means a huge absence of women professionals in the field of law and justice, and women are rarely elevated to the supreme court.
There are several reasons for this, including the legislature’s male dominance and their opposition to allowing more women to make laws. At higher job positions, sexual discrimination and nepotism play an integral role; every person has experienced this and has become indifferent to it.
Secondly, education plays a vital role, as a higher position, such as the judiciary, various examinations are conducted for which the scores are taken into consideration rather than gender. “Thirdly, women judges are also at the receiving end of sexism. There have been instances of losing male lawyers foul-mouthing them.
Spreading gender equality awareness through education and increasing female participation in the judiciary are two solutions to this gender inequality. People need to know that when there is equal representation in the judiciary, then only we will be able to make more landmark judgments towards women’s protection, equality, humanitarian laws, etc. We must psychologically develop the mindset of respect and equality for women at all levels of employment.
Politically, new laws have to be made to increase female literacy, female employment, and equal participation of women in the legislature, executive branch, and judiciary as well.
When women are affected by crimes like rape, sexual harassment, eve-teasing, and other related offenses, women must step up and take their position in not only prohibiting these from happening to them but also setting guidelines and protecting other women from becoming victims as well.
“Male officers are mostly occupying high posts in government institutions, and they cannot deal with women’s issues without prejudice, which is emphasized by the rule of law.” In conclusion, there must be 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 of a family but of 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.
The writer is a freelance columnist.