Farhan Khalid
Access to justice is fundamental in a democratic society, yet Pakistan faces major challenges in ensuring gender equality within its judiciary. The 2024 Global Gender Gap Report ranks Pakistan 145th out of 146 countries, reflecting deep-rooted societal norms that limit women’s advancement in key legal positions. This analysis explores the historical development of women in Pakistan’s judiciary, current representation trends, areas of progress, and ongoing barriers to equality.
Historically, Pakistan’s judiciary has been male-dominated since the country’s founding in 1947. A significant turning point came in 1994 with the appointment of Justice Majida Rizvi as the first female judge in the Sindh High Court, marking the beginning of a gradual increase in women’s representation in the legal field. Yet, major milestones were sparse until 2018 when Justice Tahira Safdar became the first female Chief Justice of any High Court. The appointment of Justice Ayesha Malik to the Supreme Court in 2022 marked a landmark achievement, celebrated as the “Day of Women’s Representation in the Supreme Court of Pakistan.” Despite this progress, women’s representation in Pakistan’s superior courts remains minimal.
Female judges constitute just 5.5% of superior court judges, with only two women serving on the Supreme Court out of fourteen judges. In the Lahore and Islamabad High Courts, there is only one female judge each out of 40 and 8 judges, respectively. The Sindh High Court fares slightly better with three female judges out of 30. However, both the Peshawar and Balochistan High Courts currently lack any female judges, underscoring a trend of exclusion that challenges the ideals of gender equality and justice.
These low representation numbers reflect broader systemic barriers. A report titled The State of Women’s Representation in Law 2020-21 found that while women hold 18% of judicial roles across Pakistan’s courts, this figure is primarily due to the relatively higher representation of female judges in lower courts. Between 2020 and 2023, there was a notable increase of 11.5% in female judges within subordinate courts, yet the number of women in superior courts grew minimally, from eleven to twelve during this time. This stagnation is largely due to the nomination-based appointment process in superior courts, which contrasts with the competitive examination system in lower courts and often disadvantages female candidates.
Comparing Pakistan’s judicial gender diversity with neighboring India highlights this disparity further. India appointed its first female Supreme Court justice in 1989 and has since made modest progress in increasing women’s representation. Although challenges remain in India, its judiciary is relatively more gender-diverse than Pakistan’s. Women’s underrepresentation in Pakistan’s judiciary mirrors trends in other societal sectors, such as politics and academia. Women account for approximately 21% of seats in Pakistan’s National Assembly, and the 2024 elections saw the election of the country’s first female Chief Minister. In academia, women make up around 40% of university faculty, with an even greater presence in primary, middle, and secondary education. These gains in politics and academia underscore the potential for similar progress in the judiciary, where women’s perspectives could enrich the justice system.
Increased female representation in the judiciary would have far-reaching effects beyond numbers. Women judges bring unique experiences and insights to their work, allowing for a more nuanced approach to cases, especially those involving gender-based issues. The UN Office on Drugs and Crime (UNODC) advocates for a gender-inclusive judicial approach, arguing that it not only makes women more visible in legal proceedings but also enhances the judiciary’s capacity to deliver equitable, empathetic decisions that align with the experiences of marginalized communities.
Achieving meaningful change requires strategic, long-term reforms to promote women’s advancement to senior judicial positions. Reforms could include mentorship programs, targeted recruitment, and adjustments to the nomination process in superior courts. While dismantling entrenched patriarchal structures will take time, a commitment to these reforms would ensure that Pakistan’s High Courts and Supreme Court reflect the diversity of the population they serve, creating a more just and representative judiciary.
The Author is an experienced development professional with a strong interest in gender issues and the justice system
