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Stop tiptoeing around this: Why the wait for the first woman Chief Justice of India carries on April 20, 2021, 7:32 AM IST
The writer is Research Director; Vidhi Centre for Legal Policy.
Sultan Iltutmish has the distinction of being the only ruler of medieval Delhi to be succeeded by a woman. During his lifetime, he had declared his daughter Razia as his heir, impressed by her ability to administer Delhi in his absence. But patriarchy and intrigue both ran deep in the Delhi Sultanate. Its power brokers ensured the succession of the king’s son Rukn-al-din instead. When Razia was ultimately crowned, she was quickly deposed in favour of another son, Bahram. The deep state of the Sultanate conspired to deny Razia her due.
Chief Justice of India S.A. Bobde on Thursday said the time had come for a woman to be appointed as the Chief Justice of India, but added that many women lawyers do not take up judgeship because of domestic compulsions.
Justice Bobde, heading a bench also having Justices Sanjay Kishan Kaul and Surya Kant, made the oral observation in response to a plea by lawyer Sneha Kalita that more women be made judges.
“We think the time has come for a woman Chief Justice of India…. The experience of chief justices of high courts stated that when women lawyers are asked to come in as judges in the bench, they refuse saying they have domestic responsibilities or their children are in Class XI or XII and thus these things have been communicated to me,” CJI Bobde said.
A 71-year-old Supreme Court on Saturday bid farewell to its seventh woman Judge, Justice Indu Malhotra. Justice Indira Banerjee is the eighth, who will retire in September next year.
Like the first woman SC Judge M Fathima Beevi, Malhotra had a less than three year tenure. While Malhotra was the first woman advocate to become a SC Judge, Beevi was recalled from retirement to become a SC judge in October 1989. She retired from Kerala HC as a Judge in April 1989.
Five years after retiring as the first Muslim woman SC Judge, Beevi was appointed Governor of Tamil Nadu in January 1997. But she had to resign in 2001 when her controversial decision to appoint J Jayalalithaa as chief minister, despite her conviction and consequent disqualification to contest elections, was struck down by the SC.
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