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

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.

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