‘Most Of The Women-Centric Decisions Were Authored By Male Judges’:Justice Hima Kohli Says Stereotypes Should Be Avoided

Speaking at the International Women's Day celebration organized by the Adhivakta Parishad, Supreme Court Unit, yesterday, Supreme Court judge Hima Kohli appreciated the male Judges in evolving and expanding the jurisprudence by reading into the Constitution rights that had not been spelt out specifically, particularly in the context of upholding and safeguarding women's rights. Justice Kohli was speaking on the theme 'Embracing Equity in Justice Delivery System' at the event. She noted a plethora of women-centric decisions in which the judiciary had recognized the principle of equity, and observed that most of the decisions she had highlighted had been authored by Benches that were all male. "This shows that stereotypes should be avoided. “She does include “he” and “her does include “he”. Men have been so forward thinking in evolving and expanding the jurisprudence by reading into the Constitution rights that haven’t been spelt out specifically," Justice Kohli praised. Emphasizing that Equity was not just a buzzword nor slogan, but the "very foundation on which the edifice of true equality is built", the Judge said that without equity, equality would only remain a 'pipe dream'. "To achieve true justice and fairness in our society, each individual must have equal access to opportunities and everyone must be treated with the dignity and respect that they deserve," the Justice Kohli said. Noting that the Indian justice delivery system has long stood as a bastion of equity, equality, and access to justice for all, the judge observed that the system seeks to ensure fairness, impartiality and justice in the distribution of benefits and burdens, at its very core. At the very outset, Justice Kohli observed that although the term 'equity' does not find a place in the Constitution, it permeates the very essence of a fair justice delivery system. It refers to 'fairness' or 'justice' in the distribution of resources, opportunities and benefits, and in the context of the justice delivery system, it refers to each person being treated fairly, and having an equal access to justice. Describing Equity as the 'Golden Rule that is imbued in the very soul of the Indian justice delivery system', Justice Kohli emphasized that true equality equality cannot be achieved without equity."This is because equity requires more than just equal treatment; it calls upon us to recognize and address the systemic barriers and discrimination that prevent the oppressed, exploited and marginalized communities from accessing the same opportunities and benefits as others. It recognizes that different individuals and communities have different needs and experiences and that equal treatment may not necessarily result in equal outcomes," she added. In this regard, she quoted the words of Dr. Naheed Dosani, a Palliative Care Physician, who famously said that, "Equality is giving everyone a shoe. Equity is giving everyone a shoe that fits". The Role of the Indian Judiciary in Promoting EquityEmphasizing that the Indian judiciary has played a pivotal role in promoting equity in the justice delivery system, Justice Kohli noted that one of the key elements of equity is that of 'Access to Justice', which refers to every individual having access to legal remedies, regardless of their social or economic standing."Achieving equity in 'Access to Justice' in India, is, to my mind, a social call. We as a society must address the challenges that stand in the way of ensuring that every individual has access to legal remedies," the Apex Court Judge observed. In this regard, she went on to note the barriers in society to achieving this concept of 'Access of Justice' and noted them as follows:1. Lack of awareness of the legal aid programs run by the National Legal Services Authority and the State Legal Service Authorities: Explaining that legal aid is crucial for ensuring that individuals who are unable to afford lawyers can still seek legal recourse, Justice Kohli said that this involves providing free legal aid to those who cannot afford it and improving the infrastructure of the existing legal aid, so as to make it accessible to all individuals, particularly those living in remote and inaccessible areas or rural areas; 2. Delays in the Justice Delivery System: Justice Kohli said that addressing this particular challenge would require an increased focus on on streamlining the justice delivery system and reducing the backlog of cases. She observed the reasons for such delay and backlog as including a skewed judge-population ratio, a large number of vacancies, a high inflow of cases, increased citizen awareness of their rights, lack of infrastructure to set up Courts and the enactment of new legislation. Justice Kohli in this vein, also appreciated the role played by technology through the use of Artificial Intelligence (AI), such as online dispute resolution mechanisms and virtual courts, in streamlining the justice delivery system and making it more accessible...

‘Most Of The Women-Centric Decisions Were Authored By Male Judges’:Justice Hima Kohli Says Stereotypes Should Be Avoided

Navya Benny

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