The Debate on Women in the Judiciary
- Justice Katju’s Stand on Merit vs Gender
- The Myth of Women Being Kinder Judges
- Examples from History and Literature
- Women in the judiciary debate
- Merit vs gender in judges
- Supreme Court women judges
- Gender equality in the judiciary in India
- Justice Katju on women's emancipation
Justice Beyond Gender
Justice Markandey Katju argues against gender-based quotas in the judiciary, stressing merit over sex in the selection of Supreme Court and High Court judges.
Should we have more women judges?
By Justice Markandey Katju
I read today on page 13 of 'The Hindu' newspaper ( Chennai edition ) that the Supreme Court Bar Association has passed a resolution expressing concern over the 'disproportionately low' representation of women in India's Supreme Court and High Courts, and demanding more women judges in the judiciary.
I am a strong supporter of women's equality
But I am totally opposed to the above demand. A litigant wants high-quality justice and is not concerned with the sex of the person dispensing it. In my opinion, all that should be seen while selecting judges is their merit, and sex is a wholly irrelevant consideration. Thus, Justice Nagarathna was rightly selected and appointed a Judge of the Supreme Court, but that was because of her outstanding merit, not because she was a woman.
Some people say that women are better judges because they are more kind and compassionate. This is a myth. Women can be as ruthless and cruel as men, if not more. I will give two examples, one from fiction and the other from fact.
In Shakespeare's play 'Macbeth', Lady Macbeth was more ruthless than her husband, Macbeth. While the latter was wavering whether to kill King Duncan, the former was unwavering and adamant in her determination.
In the Nazi concentration and extermination camps, like Auschwitz, the female guards, e.g. Irma Griese, Dorothea Binz, Maria Mandl etc, were often more ruthless and cruel than the male guards ( see on Google).
So it is a mistake to think that all women will be versions of the compassionate Judge Frank Caprio ( who died recently ) because of their sex.
(Justice Katju is a retired judge of the Supreme Court of India. These are his personal views.)
