Women in Judiciary

Publishing date: 12 July 2024

Published in: The Nation

For the first time in the Lahore High Court, a woman judge has been sworn in as the Chief Justice. This is remarkable for a judicial system where women remain underrepresented. Speaking of the superior judiciary in Pakistan, women justices only make up a meager 5.5%. The multitude of reasons for this can certainly be discussed, but first, the appointment of Justice Aalia Neelum as the Chief Justice of the Lahore High Court is a welcome development— one that needs to be celebrated and highlighted. Prior to this, the appointment of Justice Syeda Tahira Safdar as the Chief Justice of Balochistan High Court in 2018 marked the first time a woman became the Chief Justice of a High Court in the country.

The need for more women as lawyers and judges is no different from the need for female doctors in hospitals. Women constitute half the population, and lawsuits where women are a party require a gender- sensitive and gender-inclusive approach to the resolution of the matter by a court verdict. This specifically applies to cases of genderbased violence, sexual harassment, rape, femicide, child custody, separation, and divorce. The legal system is somewhat averse to women’s inclusion, more so because the profession is deemed too masculine for women. For the courageous ones who choose the profession nevertheless, gender bias confronts them in their practice as well. So, it becomes a two-way struggle—fighting for clients and fighting for one’s own agency; to be accepted as a credible and reliable part of the legal fraternity, just as good as male counterparts.

The appointment of Justice Aalia, the presence of Justice Ayesha A. Malik on the Supreme Court bench, and the legacy of Justice Tahira are all reasons that will motivate female lawyers and judges to stand their ground, move up the ladder, and make history. Justice Aalia Neelum brings with her the reputation of an extraordinary judge and assumes her new role by becoming a role model for women in law, who for now make up only 17% of the legal community.