CJI B.R. Gavai’s candid admission highlights how India’s judicial interpretations have long overlooked the lived experiences of women. His powerful speech urges renewed commitment to gender equality, accountability and inclusive legal reform across the country.
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NEW DELHI: At the 30th Justice Sunanda Bhandare Memorial Lecture held in Delhi, Chief Justice of India B.R. Gavai made a rare and candid admission: judicial interpretations in India have often failed to capture the lived realities of women. Speaking before a packed audience at the India International Centre, the CJI highlighted that the vigilance of civil society, women’s movements, and ordinary citizens has played a crucial role in keeping the judiciary accountable and pushing it toward gender justice.
The event, held just days before CJI Gavai’s retirement on 23 November, drew a full house of legal luminaries, MPs, senior advocates, young lawyers, and students. Hosted by Advocate Shreya Singhal, known for the landmark Shreya Singhal vs Union of India judgment, the lecture resonated strongly with a younger audience eager for reform in India’s legal and judicial systems.
Justice Sunanda Bhandare, in whose honour the lecture series is organized, was remembered as a pioneering judge who shaped the early discourse around women’s legal rights in India.
CJI Gavai divided the evolution of women’s rights in India into three major phases, each roughly spanning 25 years.
The first period laid the foundation of gender equality in independent India. The framers of the Constitution were acutely aware of entrenched social inequalities and enshrined strong guarantees in the chapter on Fundamental Rights.
Article 14, which declares that every person is equal before the law, became the cornerstone of this early vision. Alongside this constitutional commitment, significant legislative reforms emerged. The Special Marriage Act of 1954 and the Hindu Marriage Act of 1955 modernised marriage laws and targeted discriminatory practices. The Dowry Prohibition Act of 1961 marked a strong statutory step against the pervasive social evil of dowry.
These early laws addressed issues such as polygamy and child marriage, practices that deeply affected women’s lives. Although enforcement remained weak in many parts of the country, these measures collectively formed the basis for future advancements in the protection and expansion of women’s rights.
The second period marked the emergence of dignity as a core component of equality. The CJI highlighted the notorious Mathura rape case (Tukaram vs State of Maharashtra), calling it:
“The most troubling moment in India’s constitutional and judicial history and a moment of institutional embarrassment.”
The Supreme Court’s controversial acquittal of the accused policemen sparked nationwide protests and led to critical amendments redefining consent and strengthening laws on custodial rape.
This phase demonstrated how public activism directly shaped legal reform.
In the last 25 years, the judiciary has increasingly focused on expanding women’s rights and addressing new forms of discrimination. In the contemporary era, the judiciary has broadened its understanding of gender justice by addressing a wider range of issues, encompassing not only violence and discrimination, but also autonomy and equal participation.
Domestic violence is now understood more comprehensively, encompassing not only physical harm but also sexual, verbal, emotional and economic abuse. Legal protections have been expanded to cover a wider circle of women, including mothers, sisters and women in live-in relationships.
The courts have also reaffirmed reproductive autonomy as an essential component of personal liberty, strengthening women’s rights over their own bodies and choices. Policies supporting working mothers have evolved significantly, as maternity leave has been increased from twelve to twenty-six weeks for the first two surviving children, with adoptive and commissioning mothers receiving twelve weeks of leave.
The idea of gender equality has also grown to include queer and transgender communities, reflecting a more inclusive vision of rights and representation.
The lecture also sparked discussion about women’s representation in the judiciary, an issue highlighted by the fact that Justice B.V. Nagarathna remains the only woman judge currently in the Supreme Court.
Justice D.K. Upadhyaya emphasized how Justice Bhandare’s courtroom was affectionately known as “The Mother Bench”, symbolizing her nurturing, corrective approach in an era when women judges were rare.
CJI Gavai concluded with a reminder that gender justice is a continuous journey, not a destination:
“The march towards gender equality is not a destination reached but a commitment constantly renewed.”
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