Equality Of Women's Status More In Books Than In Actual Practice : Justice Indira Banerjee

Speaking at a virtual event organised by the Supreme Court to celebrate the International Day of Women Judges, Supreme Court Judge Justice Indira Banerjee on Thursday said that the Indian Constitution mandates elimination of discrimination against Women, but the ground reality is that equality of status is more in books than in actual practice.

Justice Banerjee said that today women are still under represented amongst those who take decisions that will impact future generations and empowerment of women is one of the sustainable development goals.

Justice Banerjee stated that the International Day of Women's Judges is to create awareness and sensitise equal participation of women at all levels of Judiciary .

She added that despite the increase in engagement of women in public life they remain significantly unrepresented.

Calling the representation of women in Indian Judiciary abysmal, Justice Banerjee pointed out that since its inception the Supreme Court has seen only 11 women judges and in High Courts across India the percentage of women judges is low.

She opined that gender stereotyping norms play a role in preventing women from participating in Judiciary. There are complaints also of gender discrimination, and harassment of women judges.

Justice Banerjee also quoted Justice Ruth Bader Ginsburg, former Judge of the Supreme Court of the United States, who had said that 'we are losers if we negate what others can tell us about endeavours to eradicate bias against women, minorities and other disadvantaged groups.'

Justice Banerjee said that she hopes that in taking decisions with regard to appointments, what has been said by Justice Ginsburg will be kept in mind. She added that she sincerely hoped that before she demits her office as a Supreme Court Judge in September this year, more women are appointed to the Supreme Court.

While quoting Swami Vivekananda who said that 'just as a bird cannot fly with only one wing, a Nation cannot march forward if women are left behind' Justice Banerjee said that our Judiciary cannot excel if women are left behind.

'Ofcourse men are also a wing of the same bird, we have seen the progressiveness in our CJI who took initiative of this program.' Justice Banerjee said

Justice Banerjee also said that the event was organised at the initiative of 'our progressive CJI' who has a unique distinction of swearing in 3 women Judges in one day, and out of whom one should become the Chief Justice of India in the future.

"The presence of women judges signals equality of opportunity for women and inclusion of women judges provides mentoring to other women. Their presence in courts and higher judiciary would usher in a change of mindset with regard to stereotype of role of men and women", she said

Justice Banerjee also spoke about the Right to equality being a basic human right irrespective of gender, being recognised, reaffirmed, and reiterated in Universal Declaration of Human Rights adopted by the United Nations on 10th December 1948.

"All major international instruments relating to women including and in particular the Convention on Political Rights of Women 1953, the Convention on Elimination of all forms of Discrimination, Vienna Convention On Elimination of Violence against Women all recognise Right to equality and Right against discrimination", she said

Justice Banerjee also cited a quote by Justice Leela Seth, the first Indian woman to be appointed Chief Justice of a High Court, who had said that 'women are half the world and hold the sky but where are they when it comes to equality?'

She also quoted the former Secretary General of United Nations Kofi Anan who had said that, 'gender equality is more than a goal in itself. Its a precondition for meeting challenges of reducing poverty, and building good governance'.

CJI NV Ramana, Justices Bela M Trivedi, Hima Kohli and BV Nagarathna also spoke at the event.

Also read : Women Should Be Given Preference In Appointment Of Panel Advocates; Girls Must Have Reservation In Legal Education : CJI Ramana