Why Justice Katju disagreed with Justice Bobde’s suggestion

Chief justice of India Sharad Arvind Bobde

CJI Bobde’s suggestion

By Justice Markandey Katju

CJI Bobde, who is retiring shortly, said that the time has come to have a woman CJI.

(Time has come for a woman Chief Justice of India: CJI SA Bobde https://www.indiatoday.in/india/story/supreme-court-sa-bobde-woman-chief-justice-of-india-1791553-2021-04-16 )

I respectfully disagree. For a litigant the sex of the judge is wholly irrelevant. What is relevant is that justice is done in his case.

Many people say women are more compassionate and humane than men ( and therefore can do justice better ). There is no proof of this. In fact in the Nazi concentration camps the women guards like Irma Grese and Maria Mandl at Auschwitz, Ilse Koch at Buchenwald, and Dorothea Binz at Ravensbruck, were often more brutal and cruel than the male guards.

In Shakespeare’s play ‘Macbeth‘, while Macbeth is wavering as to whether he should kill King Duncan, Lady Macbeth cold bloodedly eggs him on.

And in the animal world, many female creatures, such as the praying mantis, after having been impregnated by a male, actually eat up the latter.

https://www.theguardian.com/science/2016/jun/29/having-your-partner-for-dinner-praying-mantis-cannibalism-boosts-fertility-study

Hari Om

(Justice Markandey Katju is former Chairman, Press Council of India and former Judge, Supreme Court of India.)

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