LAHORE: Women’s poor representation in Pakistan’s judiciary, especially the higher one, is a reflection of their overall treatment in society and the issue could be addressed through an assertive action that requires a strong will to address it at all levels.

This was a consensus among the panelists at a session at the Asma Jahangir Conference, entitled ‘Mainstreaming Gender Equality in the Judiciary’ held at a local hotel here on Sunday.

The moderator, Barrister Waqqas Mir, opened the session by asking senior lawyer and a member of the Judicial Commission of Pakistan Advocate Akhtar Hussain that was it even a priority of the state to address the issue? Replying to the question, Advocate Hussain said gender equality was a larger issue that was not confined to the judiciary and it had roots in the feudal traditions. He regretted that women were also nor properly represented in the bars.

International Commission of Jurists’ legal adviser for South Asia Reema Omer said women’s near absence in the judiciary was a crisis for the country’s democracy as well. She said it was an issue of a particular mindset that there were no women judges in the higher judiciary.

Citing example of South Africa, she said the country introduced radical changes to its constitution in 1996 by including the principle in it that ‘Diversity is part of the merit’. “Women bring their own approach and experience to an institution that changes its character,” Ms Omer said, adding that because of 1996 constitutional amendments, the women’s representation had reached 30 percent in South Africa’s judiciary.

She said to improve women’s representation in the higher judiciary there should be transparency in the criteria for appointment of judges. She regretted that the Judicial Commission comprises all male judges who might have a tendency to favour their gender while making appointments.

She also agreed that besides constitutional and legal amendments, there was a dire need for massive social change to address the issue.

Sindh High Court Bar Association president Salahuddin Ahmed said there was a systematic discrimination against women in society that needed to be eliminated. He said the problem started at the entry level as a lesser number of women entered the legal profession that was largely considered not suitable for women. He said this discrimination was also reflected in the culture of bars. He said there was a ‘locker room’ type environment in barrooms where women lawyers felt uncomfortable. He also stressed the need for ethnic and class diversity in the judiciary that should reflect the entire population. Mr Ahmed said the arbitrariness in the criteria for the judges’ appointment system should be ended.

Nida Usman Chaudhry, the founder of Women in Law and Learn. pk, regretted that usually the onus for their poor participation in different fields is shifted to women themselves, without addressing the issues that hamper their growth. Condemning the bias prevalent against women candidates in bar elections, she mentioned no woman got elected to the Punjab Bar Council in 2020 poll.

To a question by the moderator regarding his role as a member of Judicial Commission, Advocate Akhtar Hussain deplored that bar council’s voice was not heard there and it was dominated by the judges. He also rapped the role played by biradari (caste and clan) in the bars politics and even in the judges appointment.

Published in Dawn, November 22nd, 2021