6 Jan 2024 3:35 AM GMT
Delivering a lecture on the 'Role of the Judiciary in Empowerment of Indian Women' organised by Justice Sunanda Bhandare Foundation, Justice BV Nagarathna, judge of the Supreme Court, highlighted the importance of the support from the society and male members of the community to truly uplift women and help them achieve their dreams.
"Both men and women must realise that they are pillars of the institution of marriage. Different pillars serve different, but equally important purposes. A condescending attitude towards women in the family is the cause of the cracks, and domestic violence and infidelity are the outcomes of the emerging cracks...Men should remove the condescending attitude towards women", Justice Nagaratna said.
She expressed, “It is often said that behind a successful man is a woman, but I would say that behind a successful woman should be a family. If it is the mother's responsibility to provide necessary psychological and emotional support for a child's learning and education in all realms, it is equally the father's responsibility in that regard”
Being the prospective first woman Chief Justice of India in 2027, Justice Nagarathna emphasized the role judiciary and judges play in shaping the progress of gender justice in India. Put simply, she mentioned three core tangents in the lecture : (1) the Judiciary has subjected the gender bias law, and policies to constitutional scrutiny; (2) the judiciary has amplified special laws and policies enacted for women by accentuating the constitutional intent, it has assumed the role of affirmative action enabler by reading statues that protect and preserve women's rights and striking off those which discriminate against women and (3) the Judiciary has crafted creative remedies to redress systemic injustice and exploitation of women and taken up the role of initiator of societal role and transformation.
Justice Nagarathna, underlining the aspect of the Judiciary being an affirmative action enabler, said “he biased treatment of women commences from the womb till the tomb, however the legislature has come up with the pre-conception and pre-natal diagnostic technique act called the PCPNDT Act but how far act is really implemented is really the question.”
The strengthening of the hands of the other organs of the state, to optimize the achievement of the hallowed constitutional objective of ensuring equality for women even at the stage of their birth, is considered a duty to be fulfilled by the judiciary. In explaining so, she illustrated the example of a reservation matter in Karnataka -
“In Karnataka, there is a very salutary provision which says that not less than 50% of the representatives in the local bodies must be women. Very good, but what did they do? They added two provisos, the first proviso is when it comes to adyaksha of the zila panchayat, taluk panchayat etc, they said that two women simultaneously cannot hold the post of Adyaksha and Upadyaksha. I found that strange because if two men could, why not two women simultaneously...then there was another proviso, one woman upadkyasha or adyaksha cannot succeed another , I found that also strange, though those provisions were not challenged, the challenge was with regards to the reservation as such. I nevertheless struck down those provisos and said they were against Article 14 and where it says that when 50% should be women, you again give it by one hand and take it from the other.”
Speaking on women and marriage, the Judge highlighted the importance of sustaining the happiness, comfort and well-being of women in the family for a healthy sustenance of the family altogether.
Deconstructing the gender norms in the domestic environment, she further expressed the significance of financial independence and education to strengthen the cause of gender equality.
“ There is no gainsaying the fact that the most enduring economic protection within households is the financial independence of women. I often say that women can get into the formal workforce but are often hindered from getting up in the profession just as in the legal profession, due to lack of sharing of household duties and responsibilities, bringing up of children and performance of domestic chores.
It is when men fail to realise that education and financial independence for women make them empowered and they cannot be dominated upon, the cracks develop in marriage, leading to abuse, mudslinging and separation this widely affects their children who are victims of marital discord.
It is high time that men realise that education and financial independence would mean that women are empowered and therefore the society should know how to treat empowered women.”
Going a notch further, Justice Nagarathna also cautioned that the education and financial independence of a woman shouldn't lead to her attempting to assert dominance over her husband. One should aim for a balance where education fosters tolerance and resilience within the family, discouraging the development of ego, vanity, or a condescending attitude towards others.
The video of the lecture can be watched here.