SC reinstates two women judicial officers from Madhya Pradesh

In her judgment, Justice Nagarathna details the distress that women judges undergo.
| Photo Credit: K Bhagya Prakash

Supreme Court has reinstated two women judicial officers from Madhya Pradesh who were terminated for “misconduct” and “inefficiency”.

One of the two judicial officers was dismissed from service despite her explanation that she had gotten suddenly married, suffered COVID-19 followed by a miscarriage and her brother was diagnosed with blood cancer.

‘If men menstruated, they would understand’: SC slams Madhya Pradesh HC for sacking women judges

In a significant judgment, a Bench headed by Justice B.V. Nagarathna detailed the distress that women judges undergo, “sometimes taking tablets to ease the monthly pain”.

The judgment discussed extensively about how judiciary should not just boast about the growing number of women in judicial service, but must also provide an inclusive and sensitive atmosphere, taking into consideration the mental health of the judges who are battling tremendous workload, pendency and long hours.

Justice Nagarathna, who authored the judgment, said the woman judicial officer’s explanation about her health problems and loss, fell on deaf ears.

Miscarriage, Justice Nagarathna said, could lead to anxiety, depression and psychological trauma, to say nothing of social stigma in some cases. “This case was an opportunity for us to talk about women in district judiciary,” Justice Nagarathna said.

The apex court ordered the two women to be reinstated within 15 days according to their seniority. Senior advocate Indira Jaising, who appeared for the two women judicial officers, said the verdict may help to provide an “enabling environment” for women in judiciary.

The judgment was based on petitions filed by Savita Choudhary and Aditi Kumar Sharma challenging their termination from the subordinate judicial service of Madhya Pradesh. There were four other women judicial officers originally. These four judicial officers were reinstated after the Supreme Court requested the High Court reconsider their dismissal.

The judgment on Friday set aside the termination orders of Ms. Sharma and Ms. Chaudhary, terming them “punitive, arbitrary and illegal”.

During the hearing of the case, Justice Nagarathna had remarked how she wished men would also experience menstruation to understand what women underwent.

Justice Nagarathna said judges were representatives of the society. Equal gender representation in the legal profession and on the Bench would only improve the overall quality of the judiciary. Freedom from discrimination was necessary for a healthy work atmosphere.

Justice Nagarathna said while ‘gender’ cannot be an excuse for poor work performance, critical interventions for bringing equality has to be made, the court noted.