'If men menstruated, they would understand': SC condemns Madhya Pradesh HC decision firing 6 women judges

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Synopsis

I wish men had menstruation, then only they would understand, a miffed Justice Nagarathna said in court

The Supreme Court today critiqued the Madhya Pradesh High Court for the termination of women civil judges and called it out for not understanding the physical as well as mental challenges faced by them.

A division bench of Justices BV Nagarathna and N Kotiswar Singh further remarked that case disposal rate should not be used as a measure when the judges were suffering.

"It is very easy to say 'dismissed-dismissed' and go home.... Particularly for women, if they are suffering physically and mentally, do not say they are slow and send them home. Let there be same criteria for male judges and judicial officers, we will see then..", the bench further remarked.

The matter will now be taken up next on December 12.

In January this year, the Supreme Court took suo motu cognizance of the termination of six women judges in Madhya Pradesh.

A bench of Justices BV Nagarathna and Sanjay Karol took up the application filed by three of the six sacked judges addressed to the apex court and Advocate Gaurav Agarwal was appointed as an amicus to assist court on the matter. Notice was also issued to the Madhya Pradesh High Court.

These judges were allegedly terminated despite the quantitative assessment of their work being done on account of Covid outbreak.

As per one of the judges who was sacked, the reasons provided for her termination were not only contrary to the record maintained by Madhya Pradesh High Court but also arbitrary.

Case Title: In Re Termination of Civil Judge, Class-II (JR. Division) Madhya Pradesh State Judicial Service