SC Reinstates Two Women Judicial Officers, Emphasizes Need for Gender Sensitivity in Judiciary
Supreme Court Reinstates Women Judicial Officers in Madhya Pradesh
NEW DELHI: In a landmark decision, the Supreme Court of India reinstated two women judicial officers from Madhya Pradesh, quashing their “punitive, arbitrary and illegal” termination by the High Court. The court emphasized the need for a safe and gender-sensitive work environment in the judicial system, highlighting that mere numeric representation of women in judicial services is insufficient without such an environment.
Reinstatement and Legal Principles
On a recent Friday, Justices B V Nagarathna and N Kotiswar Singh ordered the High Court and the state government to reinstate Sarita Choudhary and Aditi K Sharma without allowing their termination period to impact their careers. The May 13, 2023 resolution and subsequent termination order were deemed illegal and set aside.
Justice Nagarathna articulated the significance of increasing diversity within the judiciary, asserting that greater representation of women enhances judicial decision-making, particularly in cases involving women.
Impact of Gender Sensitivity
The High Court had previously terminated six women judicial officers. While the Supreme Court took suo motu cognizance of the matter, four women had their terminations revoked. Choudhary and Sharma, however, challenged their terminations before the Supreme Court.
The bench noted the psychological impact on one of the officers, who had suffered a miscarriage during the scrutiny of her work. The judges called for heightened sensitivity from administrative committees towards the health and well-being of women judicial officers.
Conclusion
The Supreme Court directed the reinstatement of the petitioners within 15 days, with the understanding that while they would not receive salary during the termination period, their monetary benefits would be calculated for pension purposes. This ruling reinforces the importance of gender sensitivity in the judiciary.
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