Justice Hima Kohli's Message Is That Women Needn't Forsake Femininity To Succeed In Legal Profession: CJI DY Chandrachud

Chief Justice of India DY Chandrachud today emphasised that women do not need to forsake their femininity to succeed, emphasizing the importance of compassion and sensitivity to succeed in the legal profession.

The CJI was speaking at the farewell function organized by the Supreme Court Bar Association (SCBA) for Justice Hima Kohli, who is set to retire from the Supreme Court on September 1, 2024

“Above all, Hima (Justice Hima Kohli) has sent, I think, a very crucial message that to succeed as a woman, you do not have to forsake your femininity. I think that is very crucial because, every woman professional brings a crucial element of her own ingrained compassion and sensitivity to succeed in our profession. You don't have to behave like a man. You can continue to be a woman and bring the best traits of a woman to the profession”, the CJI said.

The CJI also called upon the senior members of the bar to stop recruiting juniors based on connections. He stressed that providing a level playing field would enable more women to succeed in the profession, ultimately increasing their representation in the higher judiciary.

“The problem with the legal profession is that there is no level playing field for women when they enter the profession. Therefore, I request all seniors – let's stop recruitment to Seniors' chambers purely on the basis of networks, friends, children...Why don't we have say, the SCBA put out that well, these are the seniors who would like to recruit juniors for the next term. And why don't we have some sort of a level playing field for juniors to apply for recruitment to chambers, so juniors, particularly women that are not connected to the law, can apply, appear at interviews and be selected for seniors chambers”, the CJI said.

SCBA President Kapil Sibal during his address pointed out that Justice Hima Kohli is only the ninth woman judge of the Supreme Court. He stated, "This situation reflects the male mindset prevalent in our country, our legal system, and the nature of our profession."

Sibal highlighted the absence of women in business litigation at the Supreme Court, despite the presence of skilled women lawyers in law firms handling complex business issues. He called upon the CJI to consider women from law firms with expertise in business law for judicial appointments. Sibal also appealed to the CJI to focus on elevating women lawyers practicing in the Supreme Court who have established distinguished practices.

CJI Chandrachud agreed with Sibal that there should be more women judges in the High Courts and the Supreme Court. However, he said that achieving this goal requires starting from the foundational levels of the legal profession. He cited the example of the Delhi District Judiciary, where 78 out of 108 new recruits were women, attributing this to the equal opportunity workspaces provided there.

The CJI called upon the senior members of the bar to recruit juniors based on merit rather than connections. He stressed that providing a level playing field would enable more women to succeed in the profession, ultimately increasing their representation in the higher judiciary.

He stressed that the legal community should focus on creating better working conditions for women throughout their careers, ensuring they do not drop out when faced with family responsibilities.

CJI Chandrachud also mentioned the Supreme Court's initiative to increase the capacity of its creche from 20 to nearly 100 children, aimed at creating equal opportunity workspaces for women.

The CJI praised Justice Hima Kohli for her contributions to the judiciary and the legal profession. He noted that Justice Kohli has been a staunch advocate for women in law, providing institutional support to young women entering the profession. He highlighted her efforts in creating safeguards for women in law and litigation.

Reflecting on her career, CJI Chandrachud mentioned Justice Kohli's significant contributions as a litigator, High Court judge, and Chief Justice of the Telangana High Court, and finally, as a Supreme Court judge. He highlighted her rulings on various issues, including directing the prison administration to be trained to prevent lapses following the unlawful detention of an inmate despite a bail order, and advocating for better provisions for students with disabilities during Delhi University's online final examinations.

The CJI highlighted that during Justice Kohli's tenure as the Chief Justice of the Telangana HC she stayed the felling of 1,300 trees at the KBR National Park, a crucial green space. He also appreciated her leadership during the COVID-19 pandemic.

At the Supreme Court, Justice Kohli has been part of benches that have adjudicated on key constitutional matters. The CJI highlighted that she has been vocal about the need for proper internal complaint committees under the POSH Act. As the chairperson of the Supreme Court Gender Sensitization and Internal Complaints Committee, she has maintained that gender justice is integral to a just society, he said.

CJI Chandrachud concluded his speech by expressing gratitude to Justice Kohli, stating, "You are leaving the path much broader than you found it." He expressed confidence that her journey would inspire many young lawyers and judges across the country to follow in her footsteps.