‘Need to Be Aware of Difficulties Faced by Women’: SC Orders Reinstatement of Two Judicial Officers In MP

New Delhi: The Supreme Court on Friday set aside the orders terminating the services of two women judicial officers in Madhya Pradesh in May 2023. 

The apex court termed dismissal as "punitive, arbitrary" and directed their reinstatement within 15 days.

A bench of Justices B V Nagarathna and N Kotiswar Singh outlined the importance of a sensitive work environment for women.

"The freedom from discrimination or equal protection of the laws during pregnancy and maternity of a woman are precious rights for women workforce," the bench said.

After pronouncing the verdict, Justice Nagarathna underscored the need to be aware of the difficulties faced by women.

SC Sets Aside Orders Terminating Services of Two Women Judicial Officers 

Observing one of the judicial officers went through a miscarriage, the bench touched upon the aspect of pregnancy.

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The apex court in its 125-page verdict went on, "Much like 'it is not enough to proudly state that women officers are allowed to serve the nation in the Armed Forces', it is not enough to find comfort solely in the growing number of female judicial officers if we are unable to secure for them a sensitive work environment and guidance." 

The bench's verdict came over the termination of two women judicial officers by the Madhya Pradesh High Court.

On November 11, 2023, the Supreme Court took suo motu cognisance of the termination of six women civil judges by the state government on the ground of unsatisfactory performance.

"It is a recognition of this fact that a greater representation of women in judiciary, would greatly improve the overall quality of judicial decision making and this impacts generally and also specifically in cases affecting women," the bench said.

Advancing women's greater participation in the judiciary also played a role in promoting gender equality in broader ways, it added.

The bench said if pregnancy resulted in the birth of a child, it brought not only joy to the parents 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," the bench said.

The top court held the high court erred in "acting agnostic to", among other things, the "claims of insubordination" of one of the petitioners and the acute medical and emotional conditions battled by the other petitioner.