Senior Advocate Indira Jaising reveals shocking instances of sexual harassment and hierarchical abuse in the Indian judiciary. She calls it the “dark secret of the judiciary” and urges reforms for transparency, diversity, and accountability.
New Delhi: In a candid interview with the popular YouTube channel ‘The Lallantop’, Senior Advocate Indira Jaising has raised serious concerns about the inner functioning of the Indian judiciary.
Speaking on the program ‘Kitabwala’, she highlighted major issues including the sexual harassment of women judges, lack of transparency and accountability, and the hierarchical culture within the judiciary.
Jaising, known for her outspoken views, described the sexual harassment of female judges as the “dark secret of the judiciary” and urged for a more democratic and less hierarchical environment in judicial institutions.
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The discussion was part of a panel that also featured former Chief Justice of the Orissa High Court, Justice S. Muralidhar, and Senior Advocate Raju Ramachandran, who analyzed the Supreme Court and the broader challenges faced by India’s judicial system.
The panel was discussing the book “Incomplete Justice: The Supreme Court at 75,” edited by Justice Muralidhar.
During the interview, Ms. Jaising highlighted several alarming issues regarding the judiciary:
Ms. Jaising said that sexual harassment of women judges is a “very big issue” and described it as a “dirty secret of the judiciary.”
She revealed that she has personally handled four cases involving female judges who were sexually harassed by High Court judges. She recounted a particularly shocking incident where a High Court judge allegedly asked a woman judge to perform a “Bollywood item number” at his wedding anniversary party.
According to her, such harassment is rooted in the hierarchical structure of the judiciary, where High Court judges have control over the careers of district judges, including their ACRs, promotions, and transfers. This power, she said, creates dependency and vulnerability among lower-ranking judges.
Jaising criticized the deeply ingrained “haan ji, haan ji ka culture” in the legal profession and judiciary. She explained that this culture discourages lawyers from challenging judges and fosters a relationship of unquestioning obedience rather than independent thought.
On the issue of judicial transfers, Ms. Jaising said that the “power of transfer” has become an “arbitrary power.”
She criticized the collegium system, pointing out the lack of transparency in how judges are transferred. She stated that judges are often moved without any explanation, which she said violates the principles of natural justice.
Ms. Jaising raised concerns about the lack of diversity in the Supreme Court. She pointed out that in the last 28 appointments, “not a single woman was appointed,” leaving only one woman judge on the apex court bench.
She questioned the absence of adequate representation for Scheduled Castes, Scheduled Tribes, and other marginalized groups, arguing that the Supreme Court bench does not reflect India’s diverse population.
Ms. Jaising also highlighted the double standards in the application of contempt laws. She stated that “small people” are often penalized for contempt, while powerful individuals can make serious allegations against the judiciary without facing consequences.
She cited the Home Minister’s remarks against a former Supreme Court judge, describing them as a “very serious matter.”
Concluding her remarks, Ms. Jaising emphasized the importance of a “scientific temperament” within the judiciary, a principle enshrined in the Indian Constitution. She stressed that rational and critical inquiry should not be lost within judicial institutions.
The interview has sparked significant debate among legal professionals, policymakers, and the public. Jaising’s observations shed light on some of the systemic challenges facing the judiciary and have reignited discussions on reforms to make the system more transparent, accountable, and inclusive.
Disclaimer:
The views and opinions expressed in this article are those of the individual speakers (Justice S. Muralidhar, Senior Advocate Indira Jaising, and Senior Advocate Raju Ramachandran) and do not necessarily reflect the official policy or position of “Lawchakra” or its affiliates.
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