The Solicitor General Tushar Mehta criticized the approach of viewing women as mere statistics in the quest for gender equality. Mehta voiced his concerns against the mere numerical increase of women in legal positions, emphasizing the importance of merit over tokenism.
Solicitor General Tushar Mehta voiced his concerns against the mere numerical increase of women in legal positions, emphasizing the importance of merit over tokenism. This perspective sheds light on the ongoing debate regarding gender equality within the legal profession and the judiciary’s approach to ensuring fairness and competence.
SG Tushar Mehta articulated a compelling viewpoint on the matter, stating,
“Are all of you successful because or despite being ladies? This tokenism in the long run would be against the interest of ladies itself. Justice Sujata Manohar is great not because of being a lady. I would appeal to all to not go for tokenism. You will get what you deserve. Designating certain seats in the judiciary will be an insult. Ladies are competent.”
His words underscore the belief that women in the legal field have proven their mettle not merely because of their gender but despite the numerous challenges they face.
The Solicitor General further criticized the approach of viewing women as mere statistics in the quest for gender equality. He highlighted the example of former Prime Minister Indira Gandhi, remembered as one of the country’s most powerful leaders, to illustrate that success should not be measured in numbers alone. He remarked,
“Success of any man or woman cannot be judged by statistical figures. It is often cited nowadays (that there are) so few numbers of lawyers, judges. Do we just want statistics? If you look at our history of powerful Prime Ministers, starting from Jawaharlal Nehru, and Indira Gandhi, for us one was enough. Do we need to say 33 per cent Prime Ministers are women, or is it needed in the judiciary as tokenism and in legislature. It is insulting to the ladies to count success in statistics.”
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In his discourse, SG Mehta also touched upon the broader implications of gender diversity beyond the legal sector. He pointed out,
“Gender equality and diversity also bring about economics and business case. Diverse teams are considered to be better decision-makers. In one of the studies, it was found that diverse teams have a 60% improvement in decision-making.”
This statement highlights the inherent value of diversity in enhancing the quality of decisions and outcomes, not just in the judiciary but across various sectors.
The conversation around gender representation in the judiciary is complex and multifaceted. While the push for more women in legal and judicial positions is a step towards equality, the emphasis must remain on merit and competence. SG Tushar Mehta’s comments bring to the forefront the critical balance between achieving gender representation and maintaining the integrity and effectiveness of the judiciary. As society continues to evolve, the legal profession and its governing bodies must navigate these challenges thoughtfully, ensuring that the pursuit of equality complements the overarching goal of justice and fairness.
