Judicial Hierarchy and Feudalistic Practices Fuel Sexual Harassment Within Legal System, States Senior Counsel Indira Jaising

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Systemic Gender Misconduct Within Judicial Structures

The Indian judiciary continues to face serious concerns over internal misconduct. Judicial System Sexual Harassment has emerged as a major concern, particularly for female judicial officers. Several women have reported sexual harassment and inappropriate conduct by male colleagues. Senior Advocate Indira Jaising described sexual harassment within the institution as a “dirty secret” that rarely enters public discussion.

According to Jaising, unequal power structures make women more vulnerable to such misconduct. Moreover, rigid judicial hierarchies can discourage victims from speaking openly. She referred to the case of a female District Court judge who allegedly lost her position after resisting inappropriate personal demands from a superior officer.

Therefore, the issue extends beyond individual incidents. It also raises questions about institutional accountability and the protection available to women working within the judiciary.

Feudal Practices and Vulnerability of Subordinate Judges

Jaising also criticised the feudal culture that continues within parts of the judicial system. According to her, subordinate judges often face practices that reinforce hierarchy rather than professional equality.

For instance, institutional protocols can require District Court judges to perform highly deferential acts when senior judges visit or during official transitions. Such practices, she argued, create an environment where authority becomes concentrated at the top.

Former High Court Judge and Senior Advocate Dr. S. Muralidhar supported these concerns. He highlighted instances of verbal misconduct directed at subordinate judicial officers. In particular, female judges can face intense professional and psychological pressure from senior personnel.

As a result, hierarchical practices may create conditions in which misconduct becomes difficult to challenge. Addressing Judicial System Sexual Harassment, therefore, also requires institutions to examine these deeper power structures.

Unequal Allocation of Court Time

The speakers also raised concerns about how courts distribute their time and resources. Ordinary litigants often wait for long periods while financially powerful parties can pursue extensive litigation.

Meanwhile, large corporate disputes may consume substantial judicial time. This imbalance can reduce access to timely justice for ordinary citizens.

Therefore, improving judicial efficiency requires more than simply increasing the number of hearings. Courts must also examine whether existing systems distribute judicial resources fairly.

Concerns Over India’s Constitutional Framework

The discussion extended beyond internal judicial administration. The speakers also examined developments that could affect India’s constitutional and federal structure.

Among the issues discussed were delimitation, proposals for simultaneous national and state elections, and disputes concerning the allocation of political party symbols. These developments, they argued, require careful constitutional scrutiny.

Furthermore, changes affecting political representation can influence the balance of power between the Union and the states. Any major reform must therefore respect constitutional safeguards and India’s federal structure.

Need for Institutional Reform

The concerns raised at the 29th D.S. Borker Memorial Lecture point to broader structural challenges within the legal system. Gender inequality, rigid hierarchy, professional vulnerability, and unequal access to judicial resources remain closely connected.

Consequently, meaningful reform must address institutional culture as well as individual misconduct. Greater transparency, stronger accountability, and professional equality can help create a safer judicial environment.

At the same time, protecting constitutional principles remains essential. A judicial system committed to equality must ensure dignity within its own institutions while safeguarding the rights of the citizens it serves.

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