Supreme Court Reinstates 2 Female Judges; ‘HC Should Have Been More Sensitive To The Situation’

New Delhi: In a significant ‘verdict’, the Supreme Court on Friday reinstated two judges in Madhya Pradesh, who had been dismissed from service because of adverse reports against them by the High Court.

A bench of Justices BV Nagarathna and N Kotiswar Singh emphasised the need for a conducive environment for women judges in India to flourish.

Pointing out that one of the dismissed judges had to be hospitalised due to COVID-19 and then suffered a miscarriage, the top court said the High Court should have been more “sensitive” to the situation.

“The High Court report does not show consistent poor performance of judges, and it speaks otherwise… We have held that an opportunity had to be given before termination. Thus, termination is punitive, arbitrary and illegal,” Justices Nagarathna and Singh were firm in their ruling.

Observing that gender should not be an excuse while assessing performance of judges, they said at the same time female judges deal with significant physical and psychological pressures on the bench.

“We hold that the termination was in the form of punishment. The termination was stigmatic in nature. Thus, orders of full court, administrative report and government order are set aside,” the Supreme Court said.

The court further said while the judges won’t be paid for the period they were terminated, their seniority should be taken into account while reinstating them.

“Monetary benefits of the said period shall be calculated notionally for the purpose of pensionary benefits etc., and they need to be taken back to service within 15 days in terms of seniority,” the Supreme Court said.

Greater representation of women in the judiciary will improve the quality of decision-making, particularly in cases affecting women, the court said.

“It is not enough to find comfort solely in the growing number of female judicial officers if we are unable to ensure for them a sensitive work environment and guidance,” the verdict stated.

The order was passed in a suo moto case

The Supreme Court had taken up a suo moto case regarding termination of six judges by the Madhya Pradesh government in 2023. Four of them have already been reinstated last September.