he nomination of Justice Aalia Neelum as chief justice of the Lahore High Court marks a historic moment for the judiciary in Pakistan. This milestone not only reflects a significant shift towards gender equality but also brings to the forefront the longstanding issues of judicial diversity and female inclusion.

The judiciary has traditionally been male-dominated, reflecting the societal attitudes and cultural barriers that have long limited women’s participation in public life. A patriarchal structure rooted in recent cultural interpretation has relegated women to subordinate roles, making it difficult for them to ascend to positions of power in the judiciary. In addition to societal barriers, legal and institutional challenges have played a significant role in the under-representation of women in the superior courts. The process of judicial appointments, often criticised for its lack of transparency, has not favoured female candidates either. The Judicial Commission of Pakistan, which recommends people for appointment to superior courts, has been slow to embrace gender diversity.

Despite these challenges, some recent developments have signalled progress. The appointment of Justice Majida Rizvi as the first female judge of the Sindh High Court in 1994 and the subsequent appointment of other female judges have paved the way for greater female representation. However, these instances have been few and far between, and the overall progress has been slow. Justice Aalia Neelum’s nomination as chief justice of the Lahore High Court is a groundbreaking achievement that breaks the proverbial glass ceiling. Her elevation to this prestigious position not only acknowledges her professional qualities but also serves as an inspiration for aspiring female lawyers and judges in Pakistan.

The nomination carries both symbolic and practical implications. Symbolically, it represents a commitment to gender equality and an acknowledgment of the need for diversity in the superior judiciary. Practically, having a female chief justice can bring a new perspective to the Bench, potentially influencing the development of jurisprudence in ways that promote gender-sensitive interpretations of the law. Diversity in the judiciary at all levels can enhance public confidence in the judicial system. When the judiciary reflects the society it serves, it is more likely to be perceived as fair and impartial. Justice Neelum’s appointment can thus contribute to building trust in Pakistan’s judicial system.

The situation in some other Muslim majority countries is similar. For instance, Malaysia appointed its first female chief justice, Tengku Maimun Tuan Mat, in 2019. Malaysia has a number of female judges as the government has actively promoted gender diversity in public institutions. The progress in Malaysia can be attributed to a combination of legal reforms and a societal shift towards recognising the importance of female inclusion. Indonesia, too, has seen progress in judicial diversity. The country’s Constitutional Court and Supreme Court have female judges, and efforts have been made to ensure that women are represented at various levels of the judiciary. Indonesia’s approach to this effort includes training programmes and initiatives aimed at empowering female legal professionals.

The nomination carries both symbolic and practical implications. Symbolically, it represents a commitment to greater gender equality and an acknowledgment of the need for diversity in the superior judiciary. Practically, having a female chief justice can bring a different perspective to the Bench, potentially influencing the development of jurisprudence in ways that promote gender-sensitive interpretations of the law.

The situation in Egypt is more complex. Several female judges have been appointed in recent decades, including the historic appointment of Tahani al-Gebali to the Supreme Constitutional Court in 2003. However, the progress has been uneven. Cultural and institutional barriers continue to pose challenges, and female judges remain underrepresented in higher judicial positions. Saudi Arabia has recently appointed female judges in the Personal Status Courts, marking a significant shift. However, women still face significant barriers in reaching higher judicial positions. Saudi Arabia’s progress reflects broader societal changes and government initiatives aimed at enhancing women’s participation in public life.

For Pakistan to further enhance judicial diversity, institutional reforms are essential. This includes making the appointment process more transparent and ensuring that merit-based criteria are applied uniformly. The Judicial Commission of Pakistan should actively promote gender diversity by identifying and encouraging qualified female candidates. Investing in legal education and training for women is crucial. Scholarships, mentorship programmes and professional development opportunities can help establish a pipeline of qualified female legal professionals ready to ascend to higher judicial positions. Changing societal attitudes towards women in leadership roles is the most challenging but also the most necessary step. Public awareness campaigns and educational initiatives that promote gender equality can help shift cultural norms and reduce resistance to female inclusion in the judiciary.

Pakistan can learn from the experiences of other Islamic countries. Malaysia’s legal reforms and Indonesia’s training programs offer valuable insights into strategies that can be adapted to the Pakistani context. These examples demonstrate that progress is possible when there is a concerted effort to promote diversity and inclusion.

Judicial diversity is both a challenge and an opportunity. With the right reforms and societal support, Pakistan can continue to build a more inclusive and representative judiciary that serves all its citizens. Justice Neelum’s appointment is not just a personal triumph but also a beacon of hope for other Pakistani women in the legal profession. In the words of Sonia Sotomayor, Associate Justice of the Supreme Court of the United States “A judiciary that reflects the diverse experiences and perspectives of the community it serves is more likely to earn the trust of the public and administer justice fairly.”

The writer is an advocate of the high court, a founding partner at Lex Mercatoria and a visiting teacher at Bahria University’s Law Department. She can be reached at minahil.ali12@yahoo.com