In a significant judgment delivered on May 22, the Supreme Court of India emphasized the pressing need for greater representation of women in the judiciary. The court underlined that including more women in judicial roles is not only necessary for gender equality but also crucial for improving the quality of judicial decision-making.
“Many have stressed that increased diversity within a judiciary, and ensuring judges are representative of society, enables the judiciary as a whole to better respond to diverse social and individual contexts and experiences," the court observed.
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This remark came from a bench comprising Justices BV Nagarathna and SC Sharma while reinstating a female judicial officer from the Scheduled Tribe (ST) category. She had been dismissed for allegedly failing to disclose her past employment in a government post.
The Court pointed out that to understand women’s participation in the judiciary, three critical areas must be considered:
- Entry of women into the legal profession.
- Retention and growth of women in legal roles.
- Promotion of women to senior positions within the judiciary.
The Court noted that while the judicial officer had not disclosed her previous job, she had resigned before joining the judicial services. Considering this, the bench ruled that her dismissal was not justified.
The judgment, authored by Justice SC Sharma, provided important insights into how the presence of women in the judiciary contributes to wider societal benefits:
“Female judicial appointments, particularly at senior levels, can shift gender stereotypes, thereby changing attitudes and perceptions as to appropriate roles of men and women.”
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The court further highlighted:
- Visibility of women in courts can encourage others to enter the legal field and seek justice.
- Higher numbers of women judges can boost public confidence among women seeking justice.
- Diverse perspectives lead to better and more holistic decisions in court.
The bench appreciated the resilience of the appellant, who had overcome social stigma to achieve academic and professional success. The Court recognized that such individuals bring valuable perspectives to the judiciary and contribute meaningfully to the democratic fabric of the country.
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“The country will greatly benefit from a judicial force that is competent, committed and most importantly, diverse. The appellant has shown great perseverance by fighting societal stigmas and gaining a rich education that will ultimately benefit the judicial system and the democratic project.”
Considering the facts of the case, the Supreme Court concluded that the show-cause notice and the dismissal order were unjust. Therefore, it set both aside, reinstating the officer.
“This Court is of the opinion in the peculiar facts and circumstances of the case that the impugned show cause notice as well as the order of discharge deserve to be set aside and are accordingly set aside.”
Case Title: Pinky Meena v. The High Court of Judicature for Rajasthan at Jodhpur & Anr., SLP(C) No. 23529/2023
