Litigants feel more comfortable before women judges: CJP

Chief Justice of Pakistan Asif Saeed Khan Khosa has said that litigants feel more comfortable in the courts of female judges because of their kindness.

"You are compassionate, you are kind, you are considerate and when litigants will see you in court, they will feel that they can be in safe hands, very kind hands," said the CJP while addressing the concluding session of "Women Judges Conference" here on Sunday. "They should be relaxed and be themselves," he advised the female judges.

"When women become judges, we have noticed that a 'she judge' has to behave like a 'he judge' so that she is taken seriously because the whole atmosphere is male-dominated," he said, adding that this is one thing that we have noticed, that she does not even smile in the courtroom at least anyone else may get some impression.

"Male judges do not have that problem. They would cut jokes, be comfortable with everybody appearing in the court. But the female judge somehow has to change her personality. She has to become an iron lady so that nobody messes with her," he added. He however added: "Just because you are women judges, you do not have to impose yourself upon everybody and try to put on a show and to represent yourself as something which you are not.

Be relaxed and be yourself. Don't put on a show," he continued. He said he has seen women judges that have a very stern look but advised them to be relaxed, adding that "people will respect you, people will be very considerate towards you".

However, the top judge noted that there have been multiple instances when people have submitted applications to shift their cases from women judges' courts. "They are just not comfortable, they cannot see a lady sitting there as a judge," he said, attributing such attitude to "social taboos". He added that people are now getting comfortable with the idea of women.

Expressing his displeasure over the title of the moot "Women Judges Conference", Khosa said that some other phrase should have been used for it and distinction should not be based on gender. He said: "This is a contradiction in terms. We have been told that we have to change the vocabulary, you haven't, please walk the talk. Act on what you tell us."

According to the CJ, female judges too need to "shed this image" of themselves. "Just behave like normal judges and dispense justice according to the law and then people themselves will stop noticing whether they are appearing before a woman or a male judge."

But at the same time, you have to be firm in the court. Don't allow anybody to browbeat you, don't allow anybody to undermine your authority," he said, adding: "Be courteous but firm. Now you will say I am contradicting myself, I'm not. I'm not saying that just change yourself and relax but at the same time, firmness is something different."

The CJ also noted that women are becoming a part of normal life. "Earlier, it was confined to four walls for many centuries. Now, this gender is becoming a regular part of almost every walk of life and we are very fortunate that even in this Third World country of ours, we are making an effort and we are taking strides in that direction."

He said there were nearly 300 women judges in district judiciary and soon there could be a couple of female judges in the Supreme Court as well.

He recalled that he had the opportunity to propose two judges' names for the apex court and during the selection process, some female candidates were being "actively considered".

Speaking about the rights of women, the CJ said: "You will find that for the last about 50 years, the courts have been trying to go an extra mile to take care of the areas where women were deprived of their rights."

Citing the example of inheritance matters about which the Supreme Court had taken an initiative, the CJ said that if a woman was denied her inheritance even hundreds of years ago, she could still establish her rights today. He added that the period of limitation will not be considered and she will be given her rights so that justice prevails.