THE CONTEXT: The Supreme Court of India, on February 28, 2025, reinstated two women judicial officers, Sarita Choudhary and Aditi Kumar Sharma, who the Madhya Pradesh High Court arbitrarily terminated in May 2023. The judgment, delivered by Justices B.V. Nagarathna and N. Kotiswar Singh, emphasized the need for a gender-sensitive work environment in the judiciary and ordered the reinstatement of the officers within 15 days, deeming their termination “punitive, arbitrary, and illegal”.
LEGAL & CONSTITUTIONAL DIMENSIONS
1. Constitutional Safeguards:
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- Article 14, 15, 21: The SC judgment reaffirmed that arbitrary termination violates equality (Article 14) and dignity (Article 21). Pregnancy discrimination infringes Article 15(3), which allows affirmative action for women.
- Article 311(2): The Court highlighted procedural fairness in civil service dismissals, stressing that termination without inquiry undermines due process.
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2. Judicial Precedents:
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- Vishaka Guidelines (1997): The judgment aligns with SC’s mandate for gender-sensitive workplaces, expanding it to include maternal health.
- Suchita Srivastava v. Chandigarh Administration (2009): Recognized reproductive autonomy as part of personal liberty under Article 21.
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3. Global Benchmarks:
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- ILO Maternity Protection Convention (C183): India’s Maternity Benefit Act (2017) aligns with global standards but lacks robust enforcement.
- CEDAW (Article 11): Obliges states to prevent workplace discrimination against women, including during pregnancy.
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SYSTEMIC & INSTITUTIONAL CHALLENGES
1. Judiciary’s Gender Gap:
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- Only 11% of High Court judges and 34% of lower judiciary judges are women (India Justice Report, 2022).
- Structural Barriers: Lack of childcare facilities, gender-neutral parental leave, and safe transportation in courts.
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2. Tokenism vs. Inclusion:
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- Global Gender Gap Report 2023: India ranks 127/146, reflecting poor workplace inclusivity despite rising female labor force participation (32.8% in 2023, PLFS).
- Critical Insight (Dr. Nivedita Menon): “Token representation without institutional empathy perpetuates exclusion.”
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3. Accountability Mechanisms:
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- Sexual Harassment at Workplace Act, 2013: Only 30% of Indian workplaces have Internal Committees (Oxfam, 2023).
- Judicial Infrastructure: 22% of district courts lack separate restrooms for women (Law Commission, 2023).
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SOCIOCULTURAL & ECONOMIC DIMENSIONS
1. Patriarchal Norms:
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- NFHS-5 (2023): 42% of women face workplace discrimination, with 29% citing maternity as a career barrier.
- Case Study: The #MeToo movement exposed how power imbalances in institutions silence women.
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2. Economic Cost of Exclusion:
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- World Bank (2023): Closing gender gaps in India could boost GDP by 27%.
- NITI Aayog’s 2023 Report: Women’s unpaid care work (9.8 hours/day) limits formal employment.
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3. Mental Health & Well-being:
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- AIIMS Study (2023): 68% of working women with miscarriages reported workplace stigma.
- Expert View (Dr. Soumitra Pathare): “Institutional apathy toward maternal health perpetuates psychological trauma.”
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Global Best Practices
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- Rwanda’s Gender Quotas: 61% women in parliament ensured pro-women policies (e.g., paid miscarriage leave).
- Sweden’s Parental Leave: 480 days of gender-neutral leave reduced career gaps for women by 40%.
- Canada’s Feminist Judiciary: 50% women in Supreme Court led to landmark rulings on workplace equality.
THE WAY FORWARD:
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- Tech-Driven Gender Audits & AI Accountability: Integrate AI tools (e.g., IBM’s Fairness 360) into government recruitment portals to audit hiring biases, mandated under the Digital India Act. Pilot this in public sector banks (SBI, 2022: 24% female managers) to address promotion gaps, leveraging existing IT infrastructure. Align with SDG 5 monitoring frameworks for transparency.
- Universal Maternity Protections: Amend the Maternity Benefit Act to cover ASHA/anganwadi workers via the National Health Mission’s budget, modeled on Kerala’s She Lodges. Use CSR funds (Companies Act, 2013) to build creches in 500 districts by 2025, prioritizing states with low female LFPR (Bihar: 4%, PLFS 2023).
- Gender-Neutral Parental Leave: Revise the Labour Codes to mandate 180 days’ gender-neutral leave in public sector jobs, phased over 3 years. Launch awareness campaigns via Beti Bachao Beti Padhao, citing Sweden’s success (40% male uptake). Link compliance to corporate tax rebates under Section 135.
- Blockchain Grievance Redressal: Scale Andhra’s blockchain model via the Nirbhaya Fund, integrating it with the MHA’s cybercrime portal. Train 50,000 Mahila Police Volunteers (MPVs) by 2026 to handle complaints, reducing ICC non-compliance (Oxfam: 70% gaps). Use NIC’s existing blockchain pilots for rapid rollout.
- Quotas with Capacity Building: Reserve 33% district judge promotions for women, paired with NJA’s Leadership Training Modules (2023 syllabus). Replicate Rwanda’s mentorship model via NITI Aayog’s Women Entrepreneurship Platform, targeting 10,000 female judicial officers by 2030.
- Intersectional Gender Budgeting: Allocate 10% of the ₹2.23 lakh crore gender budget (2023-24) to SC/ST-women schemes, monitored by a Dalit Women’s Commission. Adopt Canada’s FIAP model in NREGA, ensuring 50% worksite supervisors are marginalized women, backed by SC’s Jarnail Singh v. Lachhmi (2018) on caste-sensitive quotas.
THE CONCLUSION:
To realize India’s constitutional vision of transformative equality (Articles 14, 15, 21), institutions must adopt algorithmic justice (AI audits for bias) and care infrastructure (universal creches, paid miscarriage leave), embedding empathy into governance. As Rwanda’s 61% women MPs and Sweden’s gender-neutral policies prove, equality isn’t idealism—it’s strategic economics: closing gender gaps could add $770 billion to India’s GDP by 2025 (McKinsey), forging a future where justice isn’t delivered but designed into systems.
UPSC PAST YEAR QUESTION:
Q. Discuss the desirability of greater representation to women in the higher judiciary to ensure diversity, equity and inclusiveness. 2021
MAINS PRACTICE QUESTION:
Q. “Despite progress in gender equality, the Indian judiciary remains predominantly male-dominated, particularly in higher courts.” In light of this statement, critically examine the reasons for underrepresentation of women in the higher judiciary and suggest measures to address this issue.
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