SATV kathmandu Sept 14: The Chief Justice of India, Bhushan Ramkrishna Gavai, was on an official visit to Nepal from September 4 to 7, 2025, at the invitation of the Chief Justice of Nepal, Prakash Man Singh Raut. He participated in the Nepal Judicial Dialogue, which focused on the evolving role of the judiciary, recent jurisprudence, and judicial sector reforms. In his keynote address, he highlighted several decisions of the Supreme Courts of Nepal and India on gender justice and gender-based equality, and also cited important precedents from both courts. He commended the appointment of Nepal’s first woman Chief Justice in 2016, noting that while Nepal would soon have had two women Chief Justices, India is set to appoint its first only in 2027.
In the Indian Supreme Court, the first female justice, Fatima Beevi, was appointed in 1989. Since then, 11 women have served as justices. Currently, there is only one sitting woman justice, B.V. Nagarathna, who is expected to become the first female Chief Justice of India. According to a 2025 report, women comprise about 13.4% of judges in India’s High Courts, and their number is gradually increasing.
In 2009, when I was appointed as an ad-hoc judge in the Supreme Court of Nepal, there were only seven women judges in the entire judiciary. At that time, appointments offered to women were largely nominal, and the few who were appointed were seen mainly as symbols of gender representation. Before being appointed as a judge, I had practiced law for thirty-one years in various courts across Nepal. During that period, I was offered judicial positions ranging from the district court to the then appeal court. However, I preferred to continue my legal practice rather than join the bench. A few decades ago, the number of practicing women lawyers in Nepal was so small it could be counted on one’s fingers, and the number of women law graduates was only a handful. Many women were reluctant to pursue careers as lawyers or judges because of the demanding nature of the profession. As a result, most women law graduates chose careers in the civil service, NGOs, or INGOs instead. The low participation of women in the Nepalese judiciary stems from male domination within the Judicial Council—the body responsible for appointments—as well as direct political interference. The Constitution of Nepal (2015) envisions proportional representation and gender equality in all state appointments. Article 38(4) guarantees women the right to access and participate in all state structures and bodies on the basis of proportional inclusion. The number of women judges has been gradually increasing. At present, three women justices are serving in the Supreme Court, and the total number of women judges across district courts, high courts, the Supreme Court, and tribunals has exceeded fifty—representing nearly 11% of the judiciary, a significant improvement.
The number of women officers in court services is also increasing. Data from 2024 shows that more than 200 women were working in the courts. Similarly, the number of female students pursuing law degrees has risen sharply, surpassing the number of male students. Recently, in the Public Service Commission’s competitive examination, 80% of the successful candidates for judicial officer posts were women. This clearly indicates that women’s participation in the Nepalese judiciary will expand significantly in the near future.
Delivering justice is a demanding responsibility, though in some ways particularly suited to women, I believe. A judge sits in one place and need not travel frequently. Still, the work is not easy: one must carefully study case files, patiently listen to arguments from lawyers, grasp the issues at hand, and deliver bold and just decisions. A judge should possess six essential qualities: fairness, impartiality, patience, wisdom, efficiency, and intelligence. Women are often considered more sympathetic and empathetic, as well as affectionate and compassionate. However, in decision-making, a judge cannot allow compassion or sympathy to override the spirit and letter of the law. The condition, background, or personality of the accused cannot form the basis for judgment. The law applies equally to all, regardless of wealth, education, age, or gender. That said, a judge may sometimes show empathy in the process of justice delivery, and women judges are often believed to demonstrate greater empathy than their male counterparts.
It is encouraging that women’s interest in the judiciary is growing steadily in Nepal. Today, working women do not differentiate between “hard” and “easy” work. They are willing to take on risks and challenges and accept postings away from home. The most demanding aspect of judicial service is the need for continuous study of legal literature, decisions, precedents, theories of law, and legal systems both nationally and internationally. There is no end to this process of learning. Women judges, however, may also carry family responsibilities—towards husbands, children, and elderly in-laws—which must be balanced alongside their judicial work. Traditionally, women have been expected to manage household duties, especially in the kitchen. Transfers between courts, particularly in the district and high courts, often separate women judges from their families, creating additional personal challenges. Women lawyers face similar difficulties, often struggling with financial independence while also raising children and managing family responsibilities. Balancing legal practice with domestic work can be exhausting and detrimental to their health. Unlike in Singapore, where senior relatives often support young working mothers, such cultural practices are not yet widespread in Nepal.
The judiciary is an independent body, and no external influence should compromise its impartiality. Its fundamental role is to deliver fair, impartial, and reasonable judgments to the people. In many developing countries, however, politicians tend to treat the judiciary as subordinate to the executive, often attempting to control its functions through threats such as impeachment. Notably, the first female Chief Justice of the Philippines (2018), the first female Chief Justice of Sri Lanka (2013), and the first female Chief Justice of Nepal (2017) all faced impeachment proceedings during their tenure. Delivering justice requires meticulous effort—it can neither be rushed nor indefinitely delayed. A judge must be intelligent, honest, ethical, pragmatic, neutral, and bold, while remaining accountable to the public. Yet in many developing countries, politicians expect biased support from the judiciary—the so-called “third branch of government”—instead of fair and impartial judgments.
Safeguarding judicial independence is essential. It depends on the ethical values and competence of judges. These qualities develop partly through the hard work and study of young judges and judicial officers, but mostly through the guidance of senior judges, who groom their successors, foster environments of mutual learning, and build exemplary court cultures. Nepal must work collectively to maintain gender parity in the judiciary and to nurture capable and high-quality women justices in the future.
(Note: This article was received on September 7, 2025 from Former Chief Justice of Supreme Court Sushila Karki, who is now the Prime Minister of Nepal’s interim government.)
