2022 In Numbers : Is the Presence of Women Essential for the Legitimacy of the Judiciary?

By : Dr. Najadha Abdulla

Public confidence in the judicial system and integrity of the judiciary are crucial in a modern democratic society. The success of the judicial system depends on the trust and public perception of the justice professional’s integrity. To ensure a positive public perception, judicial professionals must comply with the code of professional conduct. However, ethical dilemmas often arise because of the occurrence of extraordinary power. The complexity of the judiciary is resolute by its scope of values, sensitivity, and diversity. Over the years, with the changes in society’s expectations, the role of judges has evolved. It could no longer be defined as “the mouthpiece of the law” .Today, to a certain extent, judges are also involved in shaping the law. Hence their responsibilities and codes of ethics should be consistent with these evolutionary changes. This article looks at the figures of judicial human resources in the Maldives in 2022.

As of December 2022, there is a total of 170 judges. Compared to figures of the previous year, 2021, it shows a decline of 7.6% in the total number of judges. Some of the reasons for the decrease in the total number of judges are; retirement (12 judges), resignation (7 judges), and termination (1 judge). However, the figures show 11 newly appointed judges in 2022, i.e., three high court judges, two superior court judges, and six magistrate court judges. Five of the new appointees are female, and six judges are male. Almost equal proportion indicates a substantial increase in women choosing legal education and legal professions. The public will trust the judiciary if it is conscious of the changes in society and the needs of the most vulnerable. Indeed, public will find it hard to accept the judiciary as the guarantor of law and human rights if judges themselves act in a discriminatory manner. Therefore to achieve trust and acceptance, the presence of women is essential to the legitimacy of the judiciary.

In the past three years, there has been a decline in the total number of judges in the Maldives. However, statics shows an increase of 2.7% of female judges in 2022 (fig 2). It indicates the culture in the judiciary and the legal profession has evolved. Although it was viewed as a male-dominant profession, over the years, the share of women in the legal profession has risen in the Maldives. In recent years, there has been an increase in the number of newly appointed women judges and justices.

In addition, in 2022, for the first time in the history of the High Court of Maldives, it constituted a bench compromising only female judges. This change shows the potential of even a more ‘feminized’ judiciary in the future. In 2022, it was interesting to see almost an equal percentage decline (2.72%) in the number of complaints (fig 3). It raises the question of whether the growing share of women judges has played a role in the declining number of complaints. Could it be an impact of welcoming feminization on the legal profession? Further studies are required to identify the reasons for the decline in the number of complaints to increase the judicial system’s effectiveness and overcome the challenges successfully.

Reference: https://twitter.com/MaldivesJSC/status/1609979180359520257?s=20&t=pMxuhiyaME2xM42sO6nb6g