NEW DELHI: The Supreme Court on Friday said it is not enough to find comfort solely in growing number of female judicial officers until a sensitive environment is provided to them as it set aside Madhya Pradesh High Court's 2023 decisions to terminate services of two woman judicial officers finding the action taken against them was punitive, arbitrary and illegal.
A bench of Justices B V Nagarathna and N Kotiswar Singh held the High Court erred in acting agnostic to claims of insubordination of petitioner-Sarita Chaudhary and acute medical and emotional conditions battled by petitioner-Aditi Kumar Sharma.
SC Slams MP HC for Arbitrary Termination of Women Judges, Orders Reinstatement
The court directed for reinstatement of Sarita Choudhary and Aditi Kumar Sharma in service with all consequential benefits.
Advocating for greater representation of women in judiciary, the bench said, "It is not enough to find comfort solely in the growing number of female judicial officers if we are unable to secure for them a sensitive work environment and guidance."
Supreme Court Upholds Women’s Rights in Judiciary, Calls for Sensitive Work Environment
The bench noted the terminations were by way of punishment, also founded on the allegations of the complaints of misconduct and “inefficiency” and were, thus, stigmatic in nature.
It noted Sharma suffered from Covid-19 and a miscarriage, still her annual confidential report was downgraded only considering ‘pendency and disposal’.
"While gender is not a rescue for poor performance, it is a critical consideration which must weigh for holistic decision-making at certain times and stages of a woman judicial officer," the bench said.
Justice Nagarathna, who authored 125-page judgment in case of two officers, stressed on freedom from discrimination or equal protection of the laws during pregnancy and maternity of a woman are precious rights for women workforce.
On July 23, 2024, the top court, in a suo motu proceedings, asked the Full Court of the MP High Court to reconsider the termination of the six women judicial officers.
On August 01, 2024, four officers, namely, Jyoti Varkade, Sonakshi Joshi, Priya Sharma, and Rachna Atulkar Joshi were considered for reinstatement, making two others to approach the apex court.
In reinstating these two women judicial officers, the court noted that one of judges, during the period of assessment, had got married, contracted Covid-19, had a miscarriage, and her brother was diagnosed with cancer. "We hold that the termination was in the form of punishment. The termination was stigmatic in nature. These could not have been the basis of the termination. Thus orders of full court, administrative report and the government order are set aside," the bench said.
