Justice Hima Kohli Bids Farewell to Supreme Court

Justice Hima Kohli, lauded as a “fierce protector of the rights of working women,” bid farewell to the Supreme Court of India on her last working day before retirement on September 1, 2024. Chief Justice of India (CJI) Dhananjaya Y. Chandrachud, leading a ceremonial bench, highlighted Justice Kohli’s unwavering commitment to justice, particularly her significant contributions to upholding the rights of women in the workplace.

During the farewell ceremony, the CJI praised Justice Kohli for her steadfast support during challenging times on the bench. “Hima, you are not just a judge who is a woman but a fierce protector of the rights and conditions of working women,” he said, acknowledging her profound impact on the judiciary and her role as a champion for gender equality.

Attorney General R. Venkataramani humorously remarked that he would have filed a writ petition seeking an extension of tenure for women judges, noting that such a petition would have likely succeeded. He underscored Justice Kohli’s dedication to justice throughout her career, emphasizing the void her departure would create in the legal fraternity.

Solicitor General Tushar Mehta and other senior members of the bar also paid tribute to Justice Kohli’s legacy. Mehta noted her unique ability to balance compassion with a strong and resolute approach in delivering justice. Senior advocate and Supreme Court Bar Association (SCBA) President Kapil Sibal shared anecdotes reflecting her incisive questioning during court proceedings, often instilling a sense of caution among lawyers.

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Senior advocate Vipin Nair, President of the Supreme Court Advocates-on-Record Association (SCAORA), likened Justice Kohli’s approach to former British Prime Minister Margaret Thatcher, describing her as using “iron hands with velvet gloves.” He praised her for balancing the rights of the marginalized with those of the powerful, highlighting her ability to uphold justice impartially.

Justice Kohli’s departure leaves the Supreme Court with only two women judges—Justices B.V. Nagarathna and Bela M. Trivedi—raising concerns about gender representation in India’s highest judiciary. With a sanctioned strength of 34 judges, the court’s gender imbalance remains a pertinent issue.

Appointed to the Supreme Court in August 2021, Justice Kohli previously served as the Chief Justice of the Telangana High Court and as a judge of the Delhi High Court from 2006. Among her significant contributions in the Supreme Court was her involvement in regulating advertisements for health products and holding powerful entities accountable, such as in the case involving yoga guru Ramdev and Patanjali’s managing director Balkrishna over misleading advertisements.

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In a recent decision, a bench led by Justice Kohli fast-tracked the release of undertrials and first-time offenders who had served significant portions of their sentences, directing bail applications to be processed within two months under the newly enacted Bharatiya Nagarik Suraksha Sanhita (BNSS).

Justice Kohli also played a pivotal role in the landmark ruling where the Supreme Court, by a 3-2 majority, refused to grant legal recognition to same-sex marriage and constitutional protection for civil unions and adoption rights for queer couples. Justice Kohli, alongside Justices S. Ravindra Bhat and Narasimha, held that civil unions could not be accorded constitutional status without recognizing the right to marry under the same framework.

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