Speaking at the 28th Justice Sunanda Bhandare memorial lecture, Justice Nagarathna, who is poised to become the first woman Chief Justice of India in 2027.
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Justice B V Nagarathna of the Supreme Court of India, in her address today on 5th Jan 2024, emphasized the judiciary’s pivotal role in advancing gender equality and the need for affirmative action to enhance women’s representation in all public spheres. Speaking at the 28th Justice Sunanda Bhandare memorial lecture, Justice Nagarathna, who is poised to become the first woman Chief Justice of India in 2027, highlighted the judiciary’s contributions to gender equality and the empowerment of Indian women.
Justice Nagarathna remarked,
“The Indian judiciary has played a yeoman’s role in the noble national endeavour for gender equality.” She referred to her judgments, wherein she interpreted the term “individual” to include “woman,” notably in a case involving a provision under the Income Tax law that excluded women from a tax exemption granted to individual Sikkimese.
Reflecting on the broader societal context, she stated,
“The freedom movement and our founders imagined a new Indian woman with complete individuality and self-sufficiency. Yet, we are yet to see who the new Indian woman is.”
She underscored the judiciary’s role in scrutinizing gender-biased laws, policies, and norms, ensuring that non-discrimination and fairness are central to state policy in all public life aspects.
Justice Nagarathna also addressed the issue of women’s participation in the judiciary, asserting,
“The participation of women in the judiciary is not only a constitutional imperative but also a necessary step to achieve the goal of a robust, transparent, inclusive, effective, and credible judicial process.”
She lauded the late Justice Sunanda Bhandare’s contributions to the Indian judiciary and emphasized the importance of laws and policies for women’s empowerment and protection against violence and exploitation.
Highlighting the need for affirmative action, she said,
“Equality would be reduced to a mere slogan in the absence of persistent and targeted state action for the empowerment of women.”
She pointed out that despite social reform and progress, social structures remain biased against women, affecting them from “womb to tomb.”
In her lecture, Justice Nagarathna stressed the importance of equal property rights in promoting social equality between men and women and reducing harmful gender norms. She remarked,
“Both women and men must realize that they are the pillars of the institution of marriage. Different pillars serve different but equally important purposes. No family can subsist without a healthy balance of economic or care work. A condescending attitude towards women in the family is the cause of the cracks, and domestic violence and infidelity are the outcome of the emerging cracks.”
She further added,
Men must shed their condescending attitude. Institute of family and marriage must be sustained and based on happiness and well-being of family and women. Erosion of identity of women in families in whatever capacity is eventually going to lead to breakdown of marriage. Behind every successful man, there has to be a family…There cannot be subordination of women in a marriage.”
She also highlighted the challenges women face in the workforce, particularly in the legal profession, due to the unequal division of household work and domestic chores. Justice Nagarathna called for institutions to help make the judiciary more inclusive and diverse, stating, “It will build credibility and legitimacy of courts, help with the language and ensure courts become more gender-neutral spaces.”
She further said,
“Women are asked when her last period was to know if she is pregnant, and women in the private sector, on returning from maternity leave, find someone else in their place, losing their job after child. This cannot be allowed, it has been said in judgments,”
She highlighted that marital discord greatly affects children and that it was high time men facilitate the empowerment of women. At the same time, she added,
“Empowerment should not lead to women overpowering the men or anyone looking down on others. Respect and humility would go a long way in sustaining marriages and families. Being humble is antithetical to anger.”
Justice Nagarathna flagged the urgent need for institutions to help make the judiciary more inclusive and diverse.
“…It will build credibility and legitimacy of courts, help with the language and ensure courts become more gender neutral spades. It is my urgent plea to Justice Viswanathan, who will also become Chief Justice of India (in 2031), to make the judiciary more inclusive. In many ways, it would be the best tribute to Justice Bhandare,” the top court judge said.
Justice Nagarathna’s address underscores the judiciary’s critical role in shaping a more equitable society and the ongoing efforts to ensure gender equality and empowerment in India.