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Adv Ankit Kansal
Adv Ankit Kansal. | 2 days ago | 154 Views

Men Will Understand If Only They Menstruated: SC On Dismissing Female Judges

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Adv Ankit Kansal Adv Ankit Kansal

Updated: 23-03-2024

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While hearing the case of  [In Re: Termination of Civil Judge, Class-II (JR. Division) Madhya Pradesh State Judicial Service], the Supreme Court of India while questioning the criteria used for their termination criticised the Madhya Pradesh High Court for dismissing six female Civil Judges on June 2023. The judges were terminated on the basis of recommendation by the MP High Court, which found the performance of the said female judges during their probation period as unsatisfactory. 

The Apex Court while understanding the physical and mental challenges which are faced by women, observed that the male judges should also be held at the similar standards as well. 

The case was held by a panel of of Justices BV Nagarathna and N Kotiswar Singh, where six female judges were recently terminated with two of them who were yet to be reinstated. The lawyer who represented the state, explained that as the judges were not handling enough cases in an efficient manner they were dismissed. 

Facts of the Case-

  • The termination orders were issued by the state law department after a full court meeting and the respective administrative committee found the performance of the judges as unsatisfactory. 
  • One of the judges terminated filed an impleadment plea, where it was alleged that  her termination violated her fundamental rights to equality before law and to life and personal liberty.
  • It was also argued by the judge that her maternity and child care leave must be considered in her quantitative work assessment. 
  • Four of the six terminated judges have been reinstated by the Madhya Pradesh High Court. 
  • The criterion for terminating the female judges has been questioned by the Supreme Court. 

What did the Apex Court say?

Justice Nagarthna observed,“I wish they had menstruation; then only they would understand,” Justice Nagarathna said.

The Apex Court said that same criteria would be held for male judges, also the Court mentioned that in case women are suffering physically and mentally, then it is not right to say that they are slow and send them home.

The matter was heard in the Supreme Court on a suo motu petition, where on June 2023, the Madhya Pradesh government terminated the services of six judges based on a recommendation by the Madhya Pradesh High Court. 

The said female judges were reportedly terminated due to their unsatisfactory performance during the probation period.

The decision of the Court

The Supreme Court on December 17th, reserved the judgment in the case regarding the decision of the Madhya Pradesh High Court to terminate two lady judicial officers from service.

For further updates on the topic, also, in case, you wish to seek free legal advice or online legal counsel on matters related to civil laws, criminals or family laws, etc. you may contact us at Sharks of Law.  

Email:-helpdesk@sharksoflaw.com

Help Desk:-+91-88770-01993

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Dowry Death And Its Punishment 91-8877001993

Dowry Death And Its Punishment 91-8877001993

Adv Samman Singh • 19/09/2024

How To Escape From Cheque Bounce Cases ?91-8877001993

How To Escape From Cheque Bounce Cases ?91-8877001993

Adv Anshul Jain • 20/09/2024

Arrest Of RG Kar Principal And Kolkata Cop By CBI +91-8877001993

Arrest Of RG Kar Principal And Kolkata Cop By CBI +91-8877001993

Adv Shubham Pahuja • 24/09/2024

Arvind Kejriwal Resignation From The Post Of CM In Delhi

Arvind Kejriwal Resignation From The Post Of CM In Delhi

Adv Ankit Kansal • 24/09/2024

Improper Bathing Habits Of Husband Leads To Divorce +91-8877001993

Improper Bathing Habits Of Husband Leads To Divorce +91-8877001993

Adv Rahul Pandey • 25/09/2024

Bail Of Delhi CM Arvind Kejriwal In Delhi Excise Policy Case

Bail Of Delhi CM Arvind Kejriwal In Delhi Excise Policy Case

Adv Kanishk Garg • 25/09/2024

Beef Found In Tirupati Ladoo Prasad +91-8877001993

Beef Found In Tirupati Ladoo Prasad +91-8877001993

Adv Anshul Jain • 27/09/2024

Section 125 Of CRPC Is Not There To Create An Army Of Idlers, Well-Qualified Wife Shall Not Solely Depend Upon Maintenance:- Mp High Court 91-8877001993

Section 125 Of CRPC Is Not There To Create An Army Of Idlers, Well-Qualified Wife Shall Not Solely Depend Upon Maintenance:- Mp High Court 91-8877001993

Adv Tanvi Malik • 28/09/2024

Resignation Not Final Until Employer Communicates The Acceptance To Employee:-SC 91-8877001993

Resignation Not Final Until Employer Communicates The Acceptance To Employee:-SC 91-8877001993

Adv Shifa • 28/09/2024

High Court Condemns "Freebie Culture," Summons MCD Commissioner In Response To Delhi IAS Coaching Center Fatalities 91-8877001993

High Court Condemns "Freebie Culture," Summons MCD Commissioner In Response To Delhi IAS Coaching Center Fatalities 91-8877001993

Adv Tanvi Malik • 30/09/2024

Role Of The Best Family Lawyers In Delhi +91-8877001993

Role Of The Best Family Lawyers In Delhi +91-8877001993

Adv Shubham Pahuja • 01/10/2024

Can’t Call Religion Of India As Pakistan: Supreme Court Blasts Karnataka Judge

Can’t Call Religion Of India As Pakistan: Supreme Court Blasts Karnataka Judge

Adv Ankit Kansal • 01/10/2024

Death Sentence For Rape And Murder Of 7 Year Old Girl In Kolkata 91-8877001993

Death Sentence For Rape And Murder Of 7 Year Old Girl In Kolkata 91-8877001993

Adv Shifa • 05/10/2024

Delhi High Court Grants Pregnancy Termination In Live In Relationship 91-8877001993

Delhi High Court Grants Pregnancy Termination In Live In Relationship 91-8877001993

Adv Ankit Kansal • 05/10/2024

Living Separately For Jobs Does Not Amount To Desertion 91-8877001993

Living Separately For Jobs Does Not Amount To Desertion 91-8877001993

Adv Kanishk Garg • 09/10/2024

What To Do In Cheque Bounce Case: Lawyers Legal Advice 91-8877001993

What To Do In Cheque Bounce Case: Lawyers Legal Advice 91-8877001993

Adv Samman Singh • 10/10/2024

Govt Pleas For Criminalizing Marital Rapes?

Govt Pleas For Criminalizing Marital Rapes?

Adv Tanvi Malik • 14/10/2024

Maintenance To Woman In Live In Relationship 91-8877001993

Maintenance To Woman In Live In Relationship 91-8877001993

Adv Ankit Kansal • 15/10/2024

Baba Siddiqui Murder Case And Lawrence:-Bishnoi Gang Connection

Baba Siddiqui Murder Case And Lawrence:-Bishnoi Gang Connection

Adv Anshul Jain • 18/10/2024

All Arrest And Detentions Are Not Custodial Torture 91-8877001993

All Arrest And Detentions Are Not Custodial Torture 91-8877001993

Adv Samman Singh • 07/11/2024

New Appointment Cannot Be Revoked If Resignation Is Accepted By The Previous Company 91-8877001993

New Appointment Cannot Be Revoked If Resignation Is Accepted By The Previous Company 91-8877001993

Adv Arjun Sharma • 09/11/2024

Matrimony Company To Pay Compensation To The Groom 91-8877001993

Matrimony Company To Pay Compensation To The Groom 91-8877001993

Adv Shubham Jindal • 11/11/2024

Justice Dy Chandrachud’s Legacy Through His 5 Key Judgments

Justice Dy Chandrachud’s Legacy Through His 5 Key Judgments

Adv Ankit Kansal • 12/11/2024

Student Sues Jindal Global Law School After University Fails Him For Using 88% AI Generated Content In Exams 91-8877001993

Student Sues Jindal Global Law School After University Fails Him For Using 88% AI Generated Content In Exams 91-8877001993

Adv Arjun Sharma • 14/11/2024

Forcing Wife To Quit Job Amounts To Cruelty 91-8877001993

Forcing Wife To Quit Job Amounts To Cruelty 91-8877001993

Adv Shubham Jindal • 25/11/2024

Celebrating The Spirit Of Democracy On Constitution Day On November 26

Celebrating The Spirit Of Democracy On Constitution Day On November 26

Adv Shubham Pahuja • 26/11/2024

Judicial Reform Through Set Up Of 24*7 Online Court In Kerela

Judicial Reform Through Set Up Of 24*7 Online Court In Kerela

Adv Anshul Jain • 06/12/2024

What To Do If A Police Officer Is Harassing You? 91-8877001993

What To Do If A Police Officer Is Harassing You? 91-8877001993

Adv Arjun Sharma • 21/12/2024

Supreme Court Quashes Wife's 498a IPC Case Against In-Laws Filed To Pressure Husband For Divorce

Supreme Court Quashes Wife's 498a IPC Case Against In-Laws Filed To Pressure Husband For Divorce

Adv Shubham Pahuja • 07/01/2025

Outraging Modesty Of A Women By Judical Officer

Outraging Modesty Of A Women By Judical Officer

Adv Kanishk Garg • 15/01/2025

SC Lays Down 8 Factors To Decide Alimony Amount Amid Suicide By Atul Subhash 91 8877001993

SC Lays Down 8 Factors To Decide Alimony Amount Amid Suicide By Atul Subhash 91 8877001993

Adv Anshul Jain • 17/01/2025

Court Allowed Termination Of Pregnancy Due To Martimonial Dispute 91-8877001993

Court Allowed Termination Of Pregnancy Due To Martimonial Dispute 91-8877001993

Adv Samman Singh • 24/01/2025

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