SC sets aside dismissal of two women judicial officers

SC sets aside dismissal of two women judicial officers

Sub: Polity

Sec: Judiciary

Context:

• The Supreme Court ruled on February 28, 2025, that the judiciary must be more sensitive to the well-being of women judges.
• The case involved two women judicial officers from Madhya Pradesh who were dismissed despite one facing personal trauma, including a miscarriage.
• Justice B.V. Nagarathna emphasized the need for a supportive work environment for women in the judiciary.

Supreme Court’s Observations

• The judiciary must ensure a sensitive and inclusive workplace for women judges.
• Gender cannot excuse inefficiency but must be considered in workplace policies.
• More women in the judiciary can break stereotypes and promote gender equality.
• Women’s visibility in courts can encourage more women to seek justice.
• The Supreme Court reinstated the dismissed judges and termed their removal “punitive, arbitrary, and illegal.”

Legal Provisions for Women’s Workplace Protection

• Article 10 of the International Covenant on Economic, Social, and Cultural Rights: Provides special protection to mothers before and after childbirth.
• Article 11 of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW): Requires states to prevent workplace discrimination against women.
• The court acknowledged that issues like miscarriage could be physically and mentally exhausting for women judges.

Workplace Challenges for Women in Judiciary

• Long working hours and heavy caseloads create stress for women judges.
• Women often work through menstrual pain, sometimes relying on medication.
• Justice Nagarathna remarked that men would understand the difficulty if they experienced menstruation.
• Lack of institutional support can impact women’s performance and career growth.

Appointment and Removal of District Judges

Appointment:

• Governed by Article 233 of the Indian Constitution.
• District judges are appointed by the Governor in consultation with the High Court.
• Candidates must have at least seven years of experience as an advocate and be recommended by the High Court.

Removal:

• Governed by Article 235, which gives the High Court control over district judiciary administration.
• District judges can be removed by the Governor based on the High Court’s recommendation.
• They can be dismissed for inefficiency, misconduct, or failure to perform duties.
• The Supreme Court can intervene in cases of arbitrary or unfair dismissal.