The Gavel Gap

“In a perfect world, when the men and women who deliver justice look more like the communities they serve, there is greater confidence in our justice system overall.” – Christopher Kang.

It’s not a particularly surprising fact that there are significantly more men in the judicial system as lawyers, advocates, consultants, and judges than women. The same can be said for a majority of professions. But what really is surprising is the statistics – more women than men enter into and graduate from law schools than men in the United States. But still, law is a male-dominated profession in the USA, so much so that there have been cases where cabinets of only male lawyers have been consulted for the preparation of pro-choice and pro-life bills, which is ironic considering how this topic affects mainly women and trans-men.

Women comprise of half the population but less than a third of state judges. Women have entered law schools and the legal profession in large numbers for the last forty years and they are doing significantly well in their professions, but are severely under-represented in state courts.

The international courts and arbitration centers show a little less disparity when it comes to gender-based discrimination, but it is still hard to deny the blatant truth that though women are equally qualified to become judges, their male counterparts are constantly seen as a better fit for the same position.

Lack of representation of women in law-making and law-enforcing bodies leads to unbalanced laws that the whole population (half of which is female) have to follow. Most of the judges upholding and deciding on healthcare bills or hearing on pro-choice cases are male. They are inherently deciding on fundamental factors that are never going to actually affect them.

In India, there is a very wide gap between male and female judges and consequently India’s justice system often fails to deliver adequate hearings on sexual assault and abortion cases and those cases that are primarily concerned with the welfare of women. It becomes increasingly hard to break antiquated notions that prevent women from getting comprehensive healthcare and work-field protection when those implementing and formulating these legislations are predominantly male.

We need more women in courts as judges and senior judges to make sure that our voices are heard when it comes to legislations that directly affect us. We need to close the gavel gap.

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