The elevation of Ms Indira Banerjee, present Chief Justice of Madras High Court (to be replaced by Ms. Justice Tahilramani another woman Chief Justice) to adorn the bench of the Supreme Court of India,
(8th woman) is a truly historical and epochal event in the 68-year-old judicial history of the institution. From gender composition, her joining the ranks of two puisne judges —Justices R. Banumathi and Indu Malhotra to make it a threesone, is a first. Hope, it is a sign of things to come and a blow to gender justice, where it truly matters.
Today, there are three Associate Justices Ruth Bader Ginsberg, Sonia Sotomayor and Elena Kagan, among The Nine on the US Supreme Court (SCOTUS) (now 8, upon retirement of Justice Anthony Kennedy, awaiting confirmation hearings for Brett Kavanaugh - Trump’s nominee) and that truly is remarkable. Remember, it was not long ago, after 192 years, that the first woman Judge of the SCOTUS, was appointed in Sandra Day O’Connor, in 1981, since 1789.
The three women Justices have brought a ‘breath of fresh air to the nation’s discourse’. Recent judgments of these three Justices, even in dissent, have been so distinct that they have enhanced the ‘quality of the opinions’. Sonia Sotomayor’s - a Latino- elevation has been a trailblazer that the ‘ law schools are now inundated by coloured immigrants like never before’. The coloured are adding colour to inclusiveness, and the 3 women have had a huge impact on parenthood, marriage, abortion, crimes, property rights et al causes, with their gender perspective.
Why a woman Judge? In United Kingdom Supreme Court, there is but a single woman Judge in Lady Hale, out of 12 Justices. Do women on the bench make a difference? Is law gender sensitive? or rather is gender, law sensitive? Read what Nani Palkhivala said in 1973.
“Lord Gifford, QC, said last year that British judges were ignorant and biased, the bias being the product of their education and social position. In his book, ‘Where’s the Justice?’ Lord Gifford observes that a male-dominated judiciary, is unable to understand the problems of women. Personally, I think the remark was justified in view of some of the amazingly lenient sentences handed down in England in cases of rape where the rapist was let off lightly on the ground that his career would otherwise be ruined, while the judge thought nothing of the cruel and wicked crime”.
Closer home, it took a woman judge in Justice Prabha Sridevan to eulogise the role of a homemaker in evaluating her ‘unpaid services’ for grant of compensation, in Minor Dipikha Vs National Insurance Co Ltd (2008). Hitherto missing.The decision was so transformational that our Supreme Court readily approved it in Arun Kumar Agrawal (2009) in double quick time.
Ms. Padmini Jesudurai (1986-93) became the first woman Judge of Madras High Court- a 150 year old court. And Ms. Fateema Beevi (1989-92) opened the account before at the Supreme Court. Presently, Madras High Court boasts the highest number of women judges, 12, among the sanctioned strength of 75. Nothing to genuinely crow over, considering women constitute 40% among the lakhs of practitioners.
While we may pat ourselves on the back for this seminal event, we need to bear in mind that our politicians are still engaged in verbal warfare over 33% reservations to women in Parliament. Consensus continues to elude, disclosing a mindset steeped in near misogyny. Nothing less.
Consider this. Indira Gandhi, Golda Meir, Benazir Bhutto, Julian Gillard, and failed attempt of Hilary Rodham Clinton-are unlikely to be replicated in the near future. They were first and last and not pioneers but symbols of tokenism. And the testing times Hilary and Julian Gillard faced from the barbs and taunts are too fresh to forget. Julian Gillard’s famous speech in the Australian Parliament against blatant misogyny is no tribute to a sporting nation. Jacinda Adern, the present New Zealand Prime Minister, attaining motherhood in 2018, as CEO has gone viral.
Yes, CEOs of many companies and banks today are women, and they have earned their place by sheer dint of competence and hardwork-and despite being women--and yet the glass ceiling is not even cracked, leave alone breached for good.
We have a long way to go. From a society’s perspective, education and health issues are the key. We are still groping there (no pun intended). And burgeoning sexual crimes are a blot on the nation’s soul. Yet, 3 women as Supreme Court Judges, first time ever, is no ordinary occurrence .We need to celebrate for sure, but hope that it is the start of a gender revolution of sorts- at least in Judiciary- and not tokenism, to be a precursor of change everywhere else.
(Author is practising Advocate in the Madras High Court)
