9911796707
TMI BlogGreater representation of women in judiciary will improve overall quality of decision making: SCX X X X Extracts X X X X X X X X Extracts X X X X ..... Greater representation of women in judiciary will improve overall quality of decision making: SC X X X X Extracts X X X X X X X X Extracts X X X X ..... ater participation in the judiciary also play a role in promoting gender equality in broader ways. The apex court's observations came in its verdict which set aside orders terminating the services of two women judicial officers in Madhya Pradesh in May 2023. Terming the action "punitive, arbitrary", the bench directed that the two judicial officers be reinstated within 15 days. In its 125-page ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... judgement, the bench touched upon the aspect of 'women workforce: women in the Indian judiciary'. After pronouncing the verdict, Justice Nagarathna orally observed that there was a need to be aware of the difficulties faced by women. She said women take medicines to ease pain on certain days of the month to be able to sit throughout the day, which must be realised and there should be some sensit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iveness. In its verdict, the bench said many have stressed that increased diversity within a judiciary, and ensuring judges are representative of the society, enables the judiciary as a whole to better respond to diverse social and individual contexts and experiences. "It is a recognition of this fact that a greater representation of women in the judiciary would greatly improve the overall quali ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ty of judicial decision making, and this impacts generally and also specifically in cases affecting women," the verdict penned by Justice Nagarathna said. It noted that female judicial appointments, particularly at senior levels, could shift gender stereotypes, thereby changing attitudes and perceptions as to appropriate roles of men and women. It said women's visibility as judicial officers cou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ld pave the way for women's greater representation in other decision-making positions, such as in the legislative and executive branches of the government. The bench also said that higher numbers and greater visibility of women judges could increase the willingness of women to seek justice and enforce their rights through courts. It said Article 10 of the International Covenant on Economic Socia ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l and Cultural Rights states that special protection should be accorded to mothers during a reasonable period before and after child birth. The bench also said that freedom from discrimination or equal protection of law during pregnancy and maternity of a woman were precious rights for the women workforce. It said if pregnancy results in the birth of a child, it brings not only joy to the parent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s, but also a sense of fulfilment to the young mother. "On the other hand, a pregnancy miscarriage has deep physical, mental and psychological aftereffects on a woman. Miscarriage is generally defined as a loss of pregnancy before viability," it said. "Psychological consequences include increase in the risk of anxiety, depression, and post-traumatic stress disorder, sometimes leading to even sui ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cides," the bench said, adding that recurrent miscarriage leads to obstetrics complications and long-term health problems. "Although there is varying amount of physical aftereffects, including backache and abdominal pain, involved with miscarriages, the psychological and social effects may be more severe and long lasting," it said. The apex court said a miscarriage affects a person's identity, l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eading to disappointments and challenges to motherhood identity and role, stigma and isolation, among other aspects. Dealing with the case of the two women judicial officers, whose services were terminated, the bench said while gender was not a rescue for poor performance, it was a critical consideration which must weigh for holistic decision-making at certain times and stages of a woman judicial ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... officer. PTI ABA ARI X X X X Extracts X X X X X X X X Extracts X X X X
|
