On Friday(30th Aug), Chief Justice of India D Y Chandrachud commended Justice Hima Kohli as a fierce protector of women’s rights during her retirement ceremony. Justice Kohli, retiring on September 1, will leave the Supreme Court with only two women judges remaining.
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NEW DELHI: Justice Hima Kohli, who has been a pivotal figure in the Indian judiciary, is set to retire from the Supreme Court on September 1, 2024. Her retirement marks the end of a three-year tenure in the Supreme Court, where she made significant contributions to women’s rights and the broader landscape of Indian law.
A Journey of Firsts and Achievements
Justice Kohli was elevated to the Supreme Court on August 21, 2021, following a distinguished career that saw her rise as the first woman Chief Justice of the Telangana High Court. Before her elevation to the Telangana High Court, she served with distinction in the Delhi High Court.
Reflecting on her impactful career, Chief Justice of India DY Chandrachud paid a heartfelt tribute to Justice Kohli.
“It has been a pleasure working with Justice Kohli. We have shared many profound ideas and thoughts, and there were times when she supported me. Hima, you are not only a distinguished woman judge but also a staunch defender of women’s rights.”
-he stated, underscoring her commitment to justice and women’s rights.
With Justice Kohli’s retirement, the Supreme Court will be left with only two women judges—Justices BV Nagarathna and Bela M Trivedi—out of its sanctioned strength of 34 judges, including the Chief Justice of India.
Early Life and Education
Born and raised in Delhi, Justice Kohli received her education at St Thomas School and later graduated with a degree in History (Hons) from St Stephens College, University of Delhi. Her academic journey continued with a Master’s in History, followed by a degree in Law, which she completed in 1984 from Delhi University. Her education laid a strong foundation for her illustrious career in the legal field.
Legal Career: From Delhi High Court to the Supreme Court
Justice Hima Kohli began her legal career in 1984 when she enrolled as an advocate with the Bar Council of Delhi. She practiced law in various courts across the national capital, gaining experience and honing her skills. Her initial legal career was shaped under the mentorship of prominent legal minds, including Sunanda Bhandare, who later became a Delhi High Court Judge. She also worked with YK Sabharwal and Vijendra Jain, both of whom eventually became High Court judges.
In 2006, Justice Kohli was appointed as an additional judge of the Delhi High Court, and she became a permanent judge the following year. Her tenure in the Delhi High Court was marked by several landmark judgments that highlighted her commitment to upholding justice, particularly in cases involving women’s rights and equality.
Landmark Judgments in the Supreme Court
During her tenure at the Supreme Court, Justice Hima Kohli authored 37 judgments out of the 81 pronounced, showcasing her deep understanding of the law and her dedication to justice. She was part of a five-judge Constitution Bench that delivered a significant ruling regarding LGBTQI rights in India, holding that LGBTQI persons do not have a fundamental right to marry.
“The Court cannot force the state to establish social or legal status for marriage.”
– she observed in this landmark judgment.
Another notable decision involved a split verdict where Justice Kohli did not allow a married woman to undergo an abortion. She relied on an email from a medical board doctor stating that the fetus had a healthy chance of survival. The case was referred to a larger bench, which eventually agreed with Justice Kohli’s stance, resulting in the denial of the abortion.
Justice Kohli also played a crucial role in a unanimous decision by a five-judge Constitution Bench that upheld the powers of the Delhi government to control civil servants and manage the day-to-day administration of the National Capital Territory of Delhi. This judgment had far-reaching implications for the governance and administration of Delhi.
Advocacy for Women’s Rights
Throughout her career, Justice Kohli has been a staunch advocate for women’s rights. Her judgments often reflected her commitment to gender equality and the protection of women’s rights in the workplace. One of her significant contributions was her direction for the implementation of the (Prevention, Prohibition and Redressal) Act, 2013, commonly known as the PoSH Act.
She emphasized the importance of strict enforcement and a proactive approach by both state and non-state actors, stating-
“Despite the benefits of this enactment, it will not fully ensure the dignity and respect women deserve in the workplace unless there is strict enforcement and a proactive approach from both State and non-State actors.”
During her tenure at the Delhi High Court, Justice Kohli also ruled that seeking maternity leave could not be a legitimate ground for denying an extension of tenure.
She famously stated-
“Requiring a woman to take leave due to pregnancy and confinement would penalize her for choosing motherhood while employed, effectively equating motherhood with job loss. This violates the principle of equality before the law and undermines her rights under Article 21 of the Indian Constitution, which protects employment and reproductive rights. Such a measure is unacceptable and contradicts the equality principles enshrined in Articles 14 and 16.”
In another judgment, she addressed the serious issue of dowry deaths, stating-
“There must be a direct and current link between the effect of cruelty due to dowry demands and the death in question. If the alleged cruelty is too distant in time and no longer affects the woman’s mental state, it would be irrelevant.”
Her stance in this case reinforced the legal framework protecting women from domestic violence and dowry-related cruelty.
