NEW DELHI: In an uncommon occurrence, the Supreme Court on Friday reinstated two women judicial officers from Madhya Pradesh, declaring their termination by the High Court as “punitive, arbitrary, and illegal.” The court emphasized that although there is a rising number of women in judicial services, the work environment must be safe and gender-sensitive.
Instructing the High Court and the state government to restore Sarita Choudhary and Aditi K Sharma to their positions as judicial officers, without the termination period affecting their careers, a bench consisting of Justices B V Nagarathna and N Kotiswar Singh stated that the High Court’s resolution on May 13, 2023, and the subsequent termination order dated May 23, 2023, “are illegal and contrary to established legal principles, and therefore, are set aside.”
In a comprehensive 125-page judgment, Justice Nagarathna highlighted, “It has been emphasized that increased diversity within the judiciary and ensuring judges reflect society enable the judiciary as a whole to respond more effectively to varied social and individual contexts and experiences. Recognizing this fact, a greater representation of women in the judiciary would significantly enhance the overall quality of judicial decision-making, impacting cases generally and particularly those involving women.”
The High Court had previously terminated six women judicial officers. The Supreme Court took suo motu cognizance of the matter and requested the High Court to reassess its decision. The High Court subsequently reinstated Jyoti Varkade, Sonakshi Joshi, Priya Sharma, and Rachna Atulkar Joshi. The remaining two terminated officers contested their dismissals before the Supreme Court.
Justice Nagarathna noted that appointing women to senior positions within the judiciary can challenge gender stereotypes. One of the terminated officers had experienced a miscarriage during the scrutiny period of her judicial work. The bench remarked that such an event can have psychological repercussions and stressed the need for the administrative committees of the High Courts to exhibit sensitivity toward the health of women judicial officers.
Mandating their reinstatement within 15 days, the Supreme Court ruled that the petitioners would not receive any salary from the date of termination until their reinstatement, but that monetary benefits for this duration would be calculated notionally for pension purposes. The Supreme Court further remarked that the High Court’s administrative committee could resolve any pending complaints against the judicial officers in accordance with the law.
