"We May Be More Emotional As Women But Shouldn't Be Apologetic, Women Are Made With Steel": Justice Asha Menon Bids Farewell To Delhi High Court

Justice Asha Menon of the Delhi High Court on Friday said that many times women are overwhelmed by an emotional situation which may be difficult to handle but they should not feel apologetic about it.

"Many times we are overwhelmed by a situation which is more emotional and very difficult to handle. Probably as a woman we may be more emotional. I don't find we should be apologetic but we are made with steel ultimately, women, so I would always salute all strong women," said Justice Menon, who retires today.

Born on September 17, 1960 in Kerala, Justice Asha Menon joined Delhi Judicial Services in November, 1986. She was elevated as a permanent judge of Delhi High Court on 27th May, 2019.

Justice Menon made the comment while recalling an incident from her days as a judicial officer. She said when her son was a year old, she wanted to seek a transfer from Tis Hazari Courts to a court near her home on account of his ill health. Referring to a particular incident of acrimony with the bar, she said one day after taking her son to a doctor, she held the court an hour late.

"A young lawyer had some misunderstanding. He called upon the Bar Association to support him and they gathered in the courtroom. Painfully, a senior and respectable office bearer said 'if you can't work, sit at home'," said Justice Menon.

She continued, "My resolve that day was I will be here and so will they and let's see, who knows [how] to work."

The judge further said the young lawyer apologised the same day but others repeated such incidents. However, she said, "the person who made that painful remark, several years later, described me as an excellent judge to a new Chief Justice of this Court."

In her farewell speech, while saying that destiny did play a crucial role in her becoming a judge, Justice Menon however added that what she did was not destiny. She said:

"I would like to share a few thoughts at this point of my life. Someone asked is destiny that decides everything, does one become a judge only if destiny or is it a reflection of competence if one becomes a judge? Are judges divine? Or endowed with divine powers? The questions that are ordinarily thrown at us or may arise in some person's mind, yes destiny brought me back to Delhi and into the judiciary. A small advertisement caught the eye of my father's eldest brother, in a small village in Kerala. And he sent that cutting to my father asking me to appear in the exam. This was in 1984."

"Honestly it was on account of the deep respect for my uncle that i agreed, boarded the train from Chennai, and came to Delhi. Sitting in the UPSC lawns my dear classmate of the famous 1982 batch asked, did you see the registration Act? I panicked. What Act? What sections? Both of us scanned sec. 17 and some other provisions. and what providence, there were a couple of questions right out of those sections."

Justice Menon recounted that while awaiting her appointment letter in Chennai, she instead received a notice from the Supreme Court as the person who had got the highest from the total marks, but had fallen short in meeting the requirements in one paper, had challenged the entire process before the Top Court.

"Justice ES Venkataramiah, the then CJI, dealing the challenge also directed that the original list would be the final list and the names would have to be appointed. While some out of the list could join in July 1985, I joined the judicial services with some others from November 4, 1986. So yes, destiny did play a crucial role in me becoming a judge," the Judge said.

She added "But what I did thereafter is not destiny. That was what i did. That freedom is available to all to make the most of what destiny serves. Destiny chooses and her parameters for selection are unfathomable by an ordinary man. But one alone is responsible for what makes of that destiny. the first may not reflect the confidence or the lack of it, but the latter does. What about divinity? Not everyone who is permitted to judge the acts of another, the work does require divine guidance and I'm sure every judge has kent heavily on it to decide what is right."

While admitting that due to the heavy work put in by the lawyers, the divine intent does works through judges but she added that the same would not make judges divine.

"Judges cannot claim divinity or divine authority, always conscious of there being a mere conduit, it is natural for them to be righteous and just yet humble. It is usual to refer to the Courts as temples of justice in common parlance, but it must never be forgotten that deity is the truth and judges and lawyers are its servitors," the Judge added.

Justice Menon further requested the senior advocates at the Bar to spare some time everyday to coach youngsters in drafting and preparing arguments, adding that hard work has no substitute.

The Judge said that the youngsters on their part have to be open to learning and that while ambition is all right, however, learning from an experienced teacher would make the journey less arduous.

"I hope that legal fraternity would encourage quick resolution of matrimonial disputes by making use of special procedure with family courts, councelling centres and mediation centres to work out a more amiable and less torturous resolution to matrimonial problems. The role of the legal fraternity would be of immeasurable value in rescuing lives from the brink of ruination and annihilation," Justice Menon said.

Justice Menon also rencountered how an intern intern recently remarked that she was partial to women. She said:

"…as I look back certain memories flash by. Much before passing of the Domestic Violence Act, as a civil judge, I had accepted the plea of a married woman to remain in a matrimonial home and restrain the husband and in-laws in throwing her out. I recognised as an additional rent controller, the right of the landlord to claim possession from a tenant on grounds of bona fide requirement of residence of a married daughter, he having only two daughters and remaining sick and requiring assistance. The bona fide requirements of a married son is always recognised. While dealing with release of compensation paid by the Govt upon acquisition of agricultural land, i would insist on the daughter's presence irrespective of affidavits having being filed in Court."