In a significant judgment, the Supreme Court on Friday ordered the reinstatement of two women judges, Aditi Kumar Sharma and Sarita Chaudhary, who had been previously dismissed from their positions within the Madhya Pradesh State Judicial Service. This decision comes after a thorough review of the circumstances surrounding their termination, which included challenging personal hardships such as illness and family crises.
The bench, comprising Justices BV Nagarathna and N Kotiswar Singh, criticized the handling of their assessments by the Madhya Pradesh High Court and government, highlighting the lack of consistent evidence of poor performance. “The High Court report does not show consistent poor performance of judges and it speaks otherwise. There are inherent contradictions in the ACRs…We have held that opportunity had to be given before termination. Thus, termination is punitive, arbitrary, and illegal,” the bench stated.
The justices pointed out that the termination appeared punitive and stigmatizing rather than a fair assessment of their judicial duties, particularly noting the lack of sensitivity towards the personal struggles faced by these judges, including marriage, contracting COVID-19, experiencing a miscarriage, and dealing with a cancer diagnosis within the family.
In its decision, the Supreme Court emphasized the need for a supportive and sensitive work environment for women in the judiciary, linking it to broader issues of gender equality and the quality of justice. “Greater representation of women in the judiciary will increase the quality of justice being rendered and also promotes gender equality in broader ways,” Justice Nagarathna remarked.
Furthermore, the Court highlighted the often overlooked struggles that female judicial officers face, including physical and mental health challenges related to pregnancy and menstruation. “You must show sensitivity,” the Court urged, underscoring the need for empathy towards the physical and mental well-being of women in the judiciary.
