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Year that was saw female judges hogging limelight
Though the year 2011 failed to see the women’s reservation Bill become law, it was the year of women as far as the courts in the Capital went. Almost all the famous cases were dealt by woman judges though they continue to be in a miniscule minority in the Indian legal system.
Coming to important cases, Special Judge Sangita Dhingra Sehgal is handling the infamous cash-for-vote case which exposed the alleged attempt in 2008 by Congress Government to buy votes of the BJP MPs. The Mirchipur riots case in which 99 persons were accused was heard by Additional Sessions Judge Kamini Lau. Similarly, Additional Sessions Judge Santosh Snehi Mann, who recently became the Additional Director of Delhi Judicial Academy, took the 2008 Delhi blast case which claimed 63 lives and left 216 people injured, to conclusion.
Legal experts point out that these judges remained emphatic, sympathetic and also firm under most trying circumstances. It was not easy for Special Judge Sehgal to send a ‘critically ill’ Rajya Sabha MP Amar Singh behind the bars. Similarly, ASJ Lau caused quite a stir when she advocated chemical castration of rapists as a deterrent to future rapists. Notably, chemical castration is already used as a means of punishment in countries like USA, UK and Germany.
Additional Sessions Judge Bimla Kumari awarded death sentences to five persons of the same family in an ‘honour killing’ case in October. The convicted felons murdered the brother of their brother-in-law to save the ‘honour’ of their sister, who had married into another caste. Experts remind that despite the performance, gender equality in judiciary still remains a far cry. Justice Rekha Sharma, who retired from the Delhi High Court in July 2011, cites a prevalent patriarchal mindset amongst the legal fraternity as a reason behind the inability of women judges to climb the ladder of success. Sharma, who had dissented from Justice AK Sikri (presently acting Chief Justice of the Delhi High Court) on taking a stance to protect the Yamuna riverbed against construction in the famous Yamuna Riverbed case, said, “In 1972, when I started as a lawyer, we did not have many women lawyers and the clients were reluctant to repose their faith in a woman lawyer. The situation has undoubtedly bettered over the years, but much still needs to be done. Mindsets have to change. There is no dearth of talent amongst woman lawyers and judges. I think there is scope to accommodate more women judge as the number of women lawyers has also increased significantly.”
Expressing her views on the lesser number of women judges in higher courts, Sharma said, “Generally, the norm is that candidates who have been Chief Justices are chosen to be judges in the Supreme Court and the lack of female Chief Justice result in less woman judges in the Supreme Court.”
A senior lawyer who did not wish to be named pointed to the discrimination faced by women judges saying, “Women judges face discrimination at the time of appointment and also at times of promotions. Women judges are usually categorised and put into family courts and made guardian judges or put into matrimonial courts. Male judges are equally competent as women judges to handle matrimonial cases etc. Why are only female judges given such roles?”
The lawyer added that the occupancy of positions in courts by women judges follows the structure of a pyramid as one proceeds from lower courts to higher courts. She said, “One will notice many women judges in district courts, but the Supreme Court has seven male judges and only two women judges and the Delhi High Court has 35 male judges and seven women judges at the moment. The number is more in lower courts because the appointment of lower court judges is solely on the basis of merit whereas in higher courts, the discretion factor comes in as the appointments are done by other senior judges in High Courts or Supreme Court.”
Though the year 2011 failed to see the women’s reservation Bill become law, it was the year of women as far as the courts in the Capital went. Almost all the famous cases were dealt by woman judges though they continue to be in a miniscule minority in the Indian legal system.
Coming to important cases, Special Judge Sangita Dhingra Sehgal is handling the infamous cash-for-vote case which exposed the alleged attempt in 2008 by Congress Government to buy votes of the BJP MPs. The Mirchipur riots case in which 99 persons were accused was heard by Additional Sessions Judge Kamini Lau. Similarly, Additional Sessions Judge Santosh Snehi Mann, who recently became the Additional Director of Delhi Judicial Academy, took the 2008 Delhi blast case which claimed 63 lives and left 216 people injured, to conclusion.
Legal experts point out that these judges remained emphatic, sympathetic and also firm under most trying circumstances. It was not easy for Special Judge Sehgal to send a ‘critically ill’ Rajya Sabha MP Amar Singh behind the bars. Similarly, ASJ Lau caused quite a stir when she advocated chemical castration of rapists as a deterrent to future rapists. Notably, chemical castration is already used as a means of punishment in countries like USA, UK and Germany.
Additional Sessions Judge Bimla Kumari awarded death sentences to five persons of the same family in an ‘honour killing’ case in October. The convicted felons murdered the brother of their brother-in-law to save the ‘honour’ of their sister, who had married into another caste. Experts remind that despite the performance, gender equality in judiciary still remains a far cry. Justice Rekha Sharma, who retired from the Delhi High Court in July 2011, cites a prevalent patriarchal mindset amongst the legal fraternity as a reason behind the inability of women judges to climb the ladder of success. Sharma, who had dissented from Justice AK Sikri (presently acting Chief Justice of the Delhi High Court) on taking a stance to protect the Yamuna riverbed against construction in the famous Yamuna Riverbed case, said, “In 1972, when I started as a lawyer, we did not have many women lawyers and the clients were reluctant to repose their faith in a woman lawyer. The situation has undoubtedly bettered over the years, but much still needs to be done. Mindsets have to change. There is no dearth of talent amongst woman lawyers and judges. I think there is scope to accommodate more women judge as the number of women lawyers has also increased significantly.”
Expressing her views on the lesser number of women judges in higher courts, Sharma said, “Generally, the norm is that candidates who have been Chief Justices are chosen to be judges in the Supreme Court and the lack of female Chief Justice result in less woman judges in the Supreme Court.”
A senior lawyer who did not wish to be named pointed to the discrimination faced by women judges saying, “Women judges face discrimination at the time of appointment and also at times of promotions. Women judges are usually categorised and put into family courts and made guardian judges or put into matrimonial courts. Male judges are equally competent as women judges to handle matrimonial cases etc. Why are only female judges given such roles?”
The lawyer added that the occupancy of positions in courts by women judges follows the structure of a pyramid as one proceeds from lower courts to higher courts. She said, “One will notice many women judges in district courts, but the Supreme Court has seven male judges and only two women judges and the Delhi High Court has 35 male judges and seven women judges at the moment. The number is more in lower courts because the appointment of lower court judges is solely on the basis of merit whereas in higher courts, the discretion factor comes in as the appointments are done by other senior judges in High Courts or Supreme Court.”
