"Arbitrary, Illegal": Top Court Sets Aside Dismissal Of Two Women Civil Judges

The Supreme Court set aside the orders the dismissal of two women civil judges in Madhya Pradesh in 2023, terming the action as "punitive, arbitrary and illegal". 

The case pertained to the dismissal of Judges Aditi Kumar Sharma and Sarita Chaudhary, who had joined the Madhya Pradesh judicial service in 2018 and 2017 respectively. A bench of Justices BV Nagarathna and N Kotiswar Singh noted that one of judges, during probation period, had got married, contracted Covid-19, had a miscarriage, and her brother was diagnosed with cancer.

"When there is birth there is sense of fulfillment whereas miscarriage has serious effect on mental health of women which has psychological impact which even leads to suicide and recurring miscarriages even has severe effects on health. Miscarriage affects a person's identity, stigma, isolation in other factors. It is not enough to find comfort in growing number of women judicial officers unless we secure a comfortable atmosphere for them to work in," Justice Nagarathana said.

While adding that women judges often take pain-killer medicines to sit through the entire day in court on certain days, the Bench added that freedom from discrimination for women during pregnancy is precious right. The top court direct the reinstatement of both women judges within 15 days.

Justice Nagarathna said a report given by the Madhya Pradesh High Court in a sealed cover was also not satisfactory in persuading the Bench to take a different view. "We hold that the termination was in the form of punishment. The termination was stigmatic in nature," she said.

On November 11, 2023, the top court had taken a suo motu cognisance of the termination of six women civil judges by the state government over their alleged unsatisfactory performance. However, a full court of the Madhya Pradesh High Court reconsidered its earlier resolutions on August 1, 2024 and decided to reinstate four officers-- Jyoti Varkade, Sushri Sonakshi Joshi, Sushri Priya Sharma and Rachna Atulkar Joshi -- on certain terms and conditions, leaving out the other two, Aditi Kumar Sharma and Sarita Chaudhary from the exercise.

On December 17, 2024, the top court had reserved its verdict in the matter pertaining to the termination of two women judicial officers by the Madhya Pradesh High Court.