Political representation and judicial outcomes: evidence from India

Datta T

The economic impact of electing members of minority groups into positions of political power is well-established. However, the impact of political representation on broader civil rights and liberties, and particularly access to justice, remains unexplored. This paper employs a close-election regression discontinuity design to explore whether female political representation can explain judicial outcomes in the Indian context, focusing on crimes against women. Despite politicians having no formal influence over the judiciary, I find that the election of a female politician generates a large and statistically significant increase in the likelihood of conviction for crimes against women, relative to the election of a male politician. I do not find similar differences in the likelihood of conviction for gender-neutral crimes, suggesting that female politicians shape judicial outcomes within issue areas that align with gendered spheres of influence and interest. Additional analysis - on whether female politicians cater to gendered preferences in public goods and whether the effect of female representation on the likelihood of conviction varies with local gender bias - points to two potentially important mechanisms. These include a policy channel, whereby female politicians actively attempt to act in women’s interests, and an exposure channel, whereby observing female representatives positively informs citizens’ views on women’s competencies. This study emphasises the importance of political representation in expanding vulnerable groups’ access to justice.

Keywords:

India

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political economy

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gender

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political representation

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close elections

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law