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India heard Rahul Gandhi say “If somebody is harassing you, if somebody is not giving you what is your due, you have to face them and challenge them” at the Bharathidasan college for women in Puducherry. India watched him teach some moves of Aikido, a form of martial art to the students of St. Teresa College for Women in Kerala after asserting ‘women are much more powerful than men are but they fail to understand their power.’ India feels 33 percent reservation in government jobs for women and the passage of Women’s Reservation Bill securing 33 percent seats in Parliament is possible only with Rahul at the helm. True to the quote  “When thou doest alms, let not thy left hand know what thy right hand doeth: that thine alms may be in secret…” Rahul attempted an actual action to assuage the fears and misery of Nirbhaya’s family. When parties and leaders won’t miss an opportunity to paste their photos or symbols on stuff they donate, thereby flaunting their philanthropy, there existed a  leader with class who pleaded with the recipients of his goodwill that his act remains a secret. Congress aligning with DMK is a good sign or omen especially for women because it’s a party molded by Muthuvel Karunanidhi, both a product and a creator of the Dravidian movement who ensured his progressive social policies made way towards significant social development in TN. For instance women’s welfare measures such as the Anjugam Ammaiyar Inter-caste Marriage Assistance Scheme, Dr. Dharmambal Ammaiyar Memorial Widow Remarriage Scheme, Moovalur Ramamirtham Marriage Assistance scheme, EVR Nagammaiyar Memorial Free Graduate Education for Girls Scheme and the Dr. Muthulakshmi Reddy Memorial Maternity Assistance Scheme were were initiated and implemented successfully.  

Tamilnadu is buzzing ever since Rahul Gandhi set foot here because he represents a hopeful future for ‘Bharat Mata’ as a whole. Whatever he did with whoever, he looked more than endearing with gestures that revealed who he is and what he will be.  He could blend effortlessly and his desire to make society more fair and equitable, with economic possibilities for all, was visible in his conversations and programs. 

In terms of leadership style, Rahul has introduced “charisma” into the political equation. He has a strong rapport with the public and he understands how to use the media to shape public opinion. More so,  elections look like they are based more on the individual than the political party. No doubt Rahul has inherited his father’s charm. When people voted the Congress to victory in 1984, they were generally casting their vote for Rajiv Gandhi the man instead of for him as the standard-bearer of the  Party. The most popular Prime Minister up to his time, Rajiv used his enthusiasm to shape issues, and to mold opinions too. 

Educational institutions welcomed him with ease. Rahul interacted ever-so-casually with students just to kind of hear from them, find out what they’re interested in, because he believes that most of the problems that we have are going to be solved by young minds. In his every move he was setting an example and to his critics he certainly looked like an important symbol of progress. It wasn’t an abstraction as Rahul witnessed the students in action, some impatient with events/things not in their control, few angry over losses and many sad about the existing structural inequities  He recognized a part of him in them and he took it on him to help them understand a little bit more about how government works and explained how difficult it is to move this society forward without the right leadership. 

At Xavier’s college, Tirunelveli the congress president made it clear that the real significance of what we do and achieve on the educational front must be reflected, not in statistics, but in the experiences of individual Indians, young and old, whose lives are supposed to be shaped by new educational programs and policies which should be formulated in tune with the needs and demands. Yet for the progress if any, we still face enormous problems in education: stubborn, lingering, unyielding problems because the policies are drafted by those who aim to use education as a “means for ideological indoctrination”. Interactive sessions highlighted Rahul’s skills as a good listener. Patiently did he listen and with all due honesty he clarified doubts and instilled hope. Definitely, connections that tie the government and the governed are primarily widespread public pessimism about the ability of the ruling government, at pretty much every level was heard and seen. Rahul’s extempores and the manner in which he responded to the ‘Educators Meet’  stood in vivid contrast to Modi’s constant uptalk as he reads from a teleprompter, staccato clauses and Twitter outbursts. The soul of his sentences – the resonance and depth took people back to the good old days of Kingmaker Kamarajar when he said education is not a financial commodity and hence should be available to everyone. He reiterated that noble professions like farming, education and healthcare being turned into financial commodities for the benefit of a handful of cronies  has led to drastic changes in how our society perceives the role of food,knowledge and health in human life. A true leader like Rahul knows and understands that a country’s identity is the fusing of millions of disparate stories into a singular vision- a welfare society. Gujarat burns again and it’s never a model state. 

In Mulagumodu, the hamlet of the Bruges lace Rahul was modish, making friends with students, weaving an intricate lace with love, dance, Aikido, push-ups and promises. Compelling and inspiring were Rahul’s mannerisms. Intimidated by this man’s camaraderie, the miserable Tamil Nadu unit of the Bharatiya Janata Party on Thursday wrote to the Election Commission to restrain Congress MP Rahul Gandhi from campaigning in vain. Thus, a genuine reply to a student who was concerned about the lack of freedom of expression in today’s India looked like a threat to national security but not the disappearance of rafale files or student groups like ABVP that inflict violence on students and practice goondaism by people in the disguise of leaders. 

‘Big moment’ with the Chefs of the Village Cooking Channel (VCC) was the acme of RaGa’s visit. Whether it’s the way he transformed into one of them to become a hands on cook or the way he pronounced the ingredients in tamil or the manner in which he made them feel that he had a connection with them listening to their dreams and helping them grow wings by offering to introduce his friend Sam Pitroda or showing his humorous side, RaGa did it in style with no pretence whatsoever. As opposed to the PM who tried to woo the tamilians by trying his best in vain to utter a few couplets that did nothing but give enough content for memes and jokes in Tamilnadu, Rahul brought back Tamilnadu’s spirit and it’s sense of optimism. Any vision is worth little if a leader doesn’t have the character–the wisdom and heart to see through people’s eyes, hear between words and beyond what was spoken. Just a Few hours with the village chefs and their voices played into Rahul’s deep sense of Tamilnadu’s history and his belief in the promise of democracy. Seated beside them as they relished the mushroom biryani, Rahul discussed big ideas.  We aren’t in an age where no popular leader can any longer mingle with his fellow citizens, either to stir them or learn from them.  Remember the ‘Big Drama’ enacted by A Shah who visited a Dalit family in Peretapalli in Nalgonda district in 2017 with a troop of media persons? According to reliable sources Shah’s food was prepared in the mango orchard of an upper caste landlord in a neighbouring village. Another similar wily act of Shah at West Bengal’s Bankura in 2020 during his visit to a tribal family’s house was disclosed by Chief Minister Mamata Banerjee. These days, any such gestures by the BJP  are more likely to be staged than genuine. For the BJP-AIADMK alliance in Tamilnadu, this election has been a combination of ‘ache din aane wale hai’ promises or DMK pummelling and new Rahul Gandhi bashing. Many a time, they were confused as to which approach should take primacy. With Rahul’s courage and integrity that I think is the hardest and most demanding kind, I believe that neither line would work to optimum efficacy. 

In every educational institution he visited, Rahul made sure that he infused a confidence in students that they are as qualified as anybody to talk about what is right and just, and trust themselves in that. Without fear, he felt free to describe what he truly thought about a whole range of issues and that’s Rahul for TN. What’s more adorable was that, amidst withering criticism from the BJP, Rahul remained calm and composed even as he discussed different points of power,  levers and fasteners throughout our society that help determine one’s direction- towards real democracy. 

After watching Jallikattu in Madurai, RaGa assured the people of being one with them when it comes to protecting the culture and language of Tamilnadu. Shaking hands, acknowledging smiles and gestures, that was part of how he managed to maintain perspective and take his work seriously, or running for victory seriously, but not take himself too seriously. Rahul Gandhi had a valid point on the sport and he made it only after watching it in person. Yes, Congress leader Jairam Ramesh was Environment minister in 2011 when the Ministry issued a notification banning the use of bulls as performing animals and that will never downplay Rahul’s display of support to farmers. Just so the BJP believes and asserts that the party Supremo can’t be held totally responsible for a minister’s decision or tweet, it would be wise on their part to think at least once before accusing others of double standards. Having discovered its oxygen supply is shut down by voters of TN, BJP seems to be on a desperate search for relevance. It’s attempt to pooh pooh Rahul Gandhi’s charisma should be perceived in this light. There cannot be a better example of duplicity than AIADMK’s claim that their alliance with BJP is only “electoral”. Mr. Chief Minister you can’t sail safe and untroubled with a partner who has a different ideology or destination in mind. 

At the gathering of Micro Small and Medium Enterprises (MSME) representatives in Coimbatore, RaGa’s solidarity was unmistakable. People await a restructured/ reconceptualised Goods and Services Tax (GST) and ‘one tax, minimum tax’. From Skill India, Digital India, Make in India, Atmanirbhar [Bharat], entrepreneurs ended up nowhere which means out of 7.5 crore small entrepreneurs, almost 30% of enterprises are dead. After ruling for 7 years in succession, the BJP is expecting the voters to swallow two things: One, economic reforms and two, it’s image of being pluralistic. Tamilnadu rejects both. Accusing the present ruling party of superimposing the GST, RaGa made it clear BJP’s GST is designed to help large businesses. It’s not a secret that the affluent have creamed off reforms that the Modi government has implemented so far. Therefore Mr. Prime Minister, what kind of economic reforms and for whom? 

Cameras have a way of capturing what a thousand words cannot. TN has seen and heard Rahul like never before. As far as the people of TN are concerned, Rahul is the much needed fillip to our ailing democracy. Unlike BJP-AIADMK leaders whose proclamations underline that they are not willing to be active participants in any questioning of the principles underlying farm laws, poverty, corruption, alcohol prohibition or human rights and possible impact upon a highly unhealthy and unequal society, Rahul is willing to rectify failures/ shortcomings and reform government-a long overdue task. Above all, Rahul admits all pogroms and riots are wrong and he never hesitates to apologize unconditionally if need be. 

Rape, harassment and other forms of violence against women appear to have risen in India and more so blatantly after the ruling government and it’s allies make every effort at moral policing. The audacity of blaming victims stems from the fact that BJP considers Manusmriti as a source of law for women issues. DMK that rests on the dravidian ideology that educating and uplifting women will bring social balance and growth will undoubtedly fare better with Congress by its side. ‘Bharat Mata’ as an appellation will be justified if women of all states rise and shine. May the sun rise from the beautiful south and throw some light on other parts of India as well. 

Eventually, a vigorous and vigilant government is the sine qua non of a healthy democracy. And I guess Tamilians know it better. 

Dear Rahul, as you know women’s welfare and safety is a concern and much more work remains. Women are capable of creating history and a promising future with formidable grace, for sure. But ‘don’t let anyone stop you’. 

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Saba Rajkotia

As the number of confirmed Coronavirus cases in India continue rising, Kerala, which had some early success in dealing with COVID cases, saw a steep rise in COVID cases with more and more people flying in the State. Kerala’s mortality rate still remains one of the lowest as the state has now tweaked its strategy to deal with COVID cases.

It’s important to note the role of Kerala’s Health and Social Welfare Minister, Ms. KK Shailaja, in efficiently dealing with the COVID challenge.

Since the first case of Coronavirus was reported in Wuhan, China, Shailaja has been keeping a close eye on the development and spread of the virus. Taking into consideration the fact that many students from Kerala travel regularly to Wuhan for their studies, the Minister ensured that the State was well-equipped to deal with the arrival of the virus. Quarantine facilities were prepared and medical aid and equipment was made readily available. Furthermore, the Minister ensured that decisions were made according to scientific reasoning, and with the advice of subject experts.

Over a month before Modi declared a nation-wide shutdown across India in response to the threat of Coronavirus, Kerala had already declared a State-wide Emergency – in the first week of February. Shailaja recognised the gravity of the situation, and ensured that the State took the threat seriously. All public events were cancelled, movie theatres and schools were shut down and more doctors were sought out and appointed. Now, as the whole country struggles to deal with the effects of the lockdown, Shailaja is ensuring school children don’t miss out on their afternoon meals by serving them in their homes.

Shailaja has been open about her lack of trained medical knowledge, and she makes a conscious effort to ensure her people are well informed about the progression of the virus through her social media account (@shailajateacher) and daily conversations with the press. Since coming into power in 2016, Shailaja has faced multiple tragedies alongside the people of Kerala. In 2018, Kerala dealt with the outbreak of the Nipah Virus, followed by devastating floods in both 2018 and 2019. In the face of all this adversity, Shailaja stood out as a capable, compassionate and effective leader who was able to lead her State out of crisis.

In the aftermath of the floods, Shailaja did her best to ensure easy access to food and medication for the underprivileged sections of society. In order to avoid the onset of water-borne diseases, the Minister brought in homeopathic and ayurvedic doctors and through her meticulous planning she successfully avoided further disasters for the people of Kerala.

Shailaja’s commendable track record in resolving public health issues and compassionate approach to crisis management make her a reliable leader for the people in Kerala. In these scary and uncertain times, Shailaja inspires confidence.

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While the Indian Men’s Cricket Team have a full-fledged series going on in Australia, with a home series lined up against England in February, 2021, the Indian women’s cricket team has no road-map laid out by the Board of Control for Cricket in India (BCCI). The women’s cricket team is also currently without a manager, as Trupti Bhattacharya’s contract is over.

The last international match played by Indian women’s cricket team was in March T-20 World Cup, where they finished runners-up behind Australia. Then started a series of pulling out of matches, with BCCI pulling out of women’s tri-series in England in July, inspite of travel and accommodation arrangements being made by ECB in line with COVID-19 safety requirements. 

BCCI then promised to play in South Africa and West Indies but the plans did not materialize. They then pulled out of a tour to Sri Lanka. While the Indian women’s cricket team is yet to get in action, all the other teams including England, West Indies, Australia and New Zealand are already in full form. Even the men’s team in India is already playing. But there seems to be a lackadaisical approach towards women’s cricket in the name of COVID. 

With international teams playing from one match to another, and ICC tournaments lined up next two year, the Indian women’s cricket team is going to suffer if a proper road-map is not put in place immediately by BCCI. 

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Lokendra Malik, Advocate, Supreme Court of India

The Supreme Court of India has a sanctioned strength of 34 judges including the Chief Justice of India but currently, it has only one woman judge Justice Indira Banerjee. As of now, the Supreme Court has five vacancies of judges and a few more judges will be retired by the end of this year. Surprisingly, in seventy years of existence, only eight women judges have graced the bench of the Supreme Court of India. This is not good news from the gender justice point of view as half of our population is not getting reasonable representation in the apex judicial tribunal of the country. More women judges should be appointed at all levels in the judiciary. Justice Fathima Beevi was the first woman judge of the Supreme Court of India who was appointed in 1989. The second woman judge of the Supreme Court was Justice Sujata V. Manohar who was appointed in 1994. The third woman judge of the Supreme Court, Justice Ruma Pal came in the year 2000. After her retirement, it was Justice Gyan Sudha Mishra who came to the Supreme Court in 2010. In 2011, Justice Ranjana Prakash Desai was appointed to the Supreme Court. Justice Bhanumathi was elevated to the Supreme Court in 2014. Justices Indu Malhotra and Indira Banerjee came to the Supreme Court in 2018. All these judges have made a wonderful contribution to the Indian judicial system by delivering hundreds of judgments.
    Many legal scholars, lawyers, and sociologists have rightly expressed their concerns about the invisible representation of women in the higher judiciary particularly the Supreme Court of India. It is widely believed that India needs more women judges in the constitutional courts. But unfortunately, no effective steps seem to have been taken by the judge-makers to remove this gender gap until now. For this lapse, both the government and the judiciary are responsible. Both of them have failed to promote gender equality in the judiciary. Before 1993, it was the Union Executive that had a very powerful say in judicial appointments but it ignored the representation of women on the top bench. In the Supreme Court, the first woman judge was appointed in 1989. After 1993, the Supreme Court collegium is the actual judge-maker in the country. Sadly, even the Supreme Court collegium has also ignored the women in judicial appointments in the Supreme Court and High Courts. The collegium should not miss a great opportunity to bring more women judges in the constitutional courts that could provide them timely chances to lead the Supreme Court of India one day. The male-dominated Supreme Court collegium is expected to have a more liberal and generous approach in terms of making judicial appointments of women in the higher judiciary. Unfortunately, India could not have a woman Chief Justice even after seven decades of the Supreme Court’s establishment. The judge-makers should think about this issue seriously. It all depends on their willpower and commitment to the cause of women’s empowerment in the judicial branch that holds a very significant position in our constitutional scheme. 

    Some sitting judges of the Supreme Court have also raised their concerns about the inadequate representation of women in the Supreme Court on a few occasions. A few weeks ago, while speaking on the occasion of a farewell ceremony organized by the Supreme Court Young Lawyers Forum on March 13 to honour Justice Indu Malhotra, Supreme Court judge Dr. D. Y. Chandrachud said about this issue: “Justice Malhotra’s retirement means that the Supreme Court now has only one female judge on the bench. As an institution, I find that this is a deeply worrying fact and must promptly receive serious introspection”. Further he went on to say that “as an institution whose decision shape and impact lives of everyday Indian, we must do better. We must ensure the diversity of our country find reflection in making up of our court. Intrinsically having a more diverse judiciary is an end, a goal in itself and worth pursuing in its own sake. Instrumentally, having a more diverse judiciary, ensured diversity of perspectives is fairly considered, instils high degree of public confidence.” Justice Chandrachud’s remarks deserve serious consideration by judge-makers. The Supreme Court collegium should consider it from a larger perspective that could ensure a fair representation of women on the bench of the top court. It will be in the collective interests of the judiciary if the collegium takes care of diversity on the bench which is a must to ensure justice to the people. 

   Notably, the Supreme Court collegium led by Chief Justice Bobde could not recommend even a single appointment to the Supreme Court due to the lack of consensus among the members of the collegium. The collegium led by him also faced some other issues like geographical and seniority considerations in choosing judges for the top court. This is not the first time that the Supreme Court collegium faced this kind of situation in selecting judges. Even in the past, the collegium has such challenges and made selections by relaxing the seniority norms. There are precedents where judges have been elevated to the top court by ignoring the seniority norms and High Court representations. The judgments of the Supreme Court particularly its 1999 ruling also allow the departure from seniority norms in judicial appointments. There is no hard and fast rule of seniority that prohibits the collegium from elevating junior judges to the Supreme Court. Some brilliant women judges of the High Courts may be considered for the Supreme Court judgeship by relaxing the seniority norms so that they could get an opportunity to lead the Supreme Court in the future. This can be an extraordinary relaxation to ensure gender balance on the bench of the top court. The sky will not fall if the collegium relaxes the seniority constraints to appoint brilliant women lawyers and judges to the top court. In addition to this, some brilliant women legal academics and lawyers may also be considered for the judgeship in the Supreme Court. A few lawyers were directly elevated to the Apex Court during the last few years. The Supreme Court has many brilliant lawyers who can be considered for the judgeship in the top court. A gender balance in the higher judiciary is the need of the hour. The collegium led by the new CJI Ramana may consider all these issues. 

   Unfortunately, no law professor has ever been appointed as a judge in the Supreme Court despite the availability of constitutional provisions to this effect under Article 124(3)(c) from the category of ‘distinguished jurist’. Has not the time come when the Supreme Court collegium should activate this dormant constitutional provision? India has many brilliant professors who have made a wonderful contribution to the legal system and they truly deserve this honour. A renowned legal academic can be appointed as a judge in the Supreme Court to include the legal academia in the judicial adjudication process? This was the dream of our great founding fathers who were inspired by some foreign jurisdictions that had appointed eminent law professors as judges in their top courts. Professor Felix Frankfurter of Harvard Law School was directly elevated to the U.S. Supreme Court. The Supreme Court collegium has all opportunities to diversify the bench of the apex court to make the judiciary more inclusive. It should not delay this noble work more. Needless to say, the collegium is the real judge-maker in the current constitutional practice and the central government is bound to implement its recommendations. It has all powers to diversify the Indian judiciary. Now after the judgment of the Supreme Court in the case of M/S P.L.R. Projects Ltd. v. Mahanadi Coalfields Ltd., the Central Government cannot delay judicial appointments as the Court has rightly fixed a timeline for the government to clear appointment of judges within a prescribed time. The collegium may consider ensuring gender justice to the women in the country given the national commitment to the cause of women’s empowerment in the judiciary. 

   The Supreme Court decides many important issues relating to women which can be properly adjudicated only by the women judges. Not only this, but the presence of women judges in the Supreme Court also enhances the faith of the womanhood in the supreme judicial tribunal lays down the law of the land. The new Chief Justice of India N. V. Ramana may convince his colleagues to give more representation to the women in the higher judiciary by adopting a more liberal approach. If possible, the new CJI may also include a woman judge in the decision-making process of the Supreme Court collegium. The Supreme Court of India has always stood for the cause of women’s empowerment. It should encourage the women lawyers and judges to come forward to join the apex court. The top court should have at least 5-6 women judges from different communities and parts of the country. Many brilliant women lawyers and judges are available in the Supreme Court and the High Courts who can make a great contribution if timely opportunities are given to them. Some of them may also become the Chief Justice of India one day. There is a severe shortage of women in the Supreme Court and High Courts also. This is the time when the Supreme Court collegium should give adequate representation to the women in the higher judiciary.

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Even after 70 years of its existence, the top court has not had a woman Chief Justice of India.

Lokendra Malik
First Published on Bar and Bench:
28 Mar, 2021 , 5:38 am

Though justice is usually portrayed as a woman, it has in general been embodied by men. The Supreme Court of India is also mainly a male-dominated institution. It has a strength of 34 judges, including the Chief Justice of India, but it has only one woman judge after the recent retirement of Justice Indu Malhotra.

There have been very few women judges in the Supreme Court up till now. Justice Fathima Beevi was the first woman judge of the Supreme Court of India, appointed in 1989. The second woman judge was Justice Sujata V Manohar, who was elevated to the Supreme Court in 1994. The third woman judge, Justice Ruma Pal, came to the Supreme Court in the year 2000. After her retirement, it was Justice Gyan Sudha Mishra who came to the Supreme Court in 2010. In 2011, Justice Ranjana Prakash Desai was appointed to the Supreme Court. Justice R Banumathi was elevated to the Supreme Court in 2014. Justices Indu Malhotra and Indira Banerjee, who will retire next year, came to the Supreme Court in 2018. All these women judges have made great contributions to the Indian judicial system by delivering judgments on a variety of significant issues relating to public, private law, and governance.

Even after 70 years of its existence, the top court has not had a woman Chief Justice of India. The reason is very simple. First, a lack of willpower on the part of judge-makers, and second, the formality of seniority convention plays a very significant role in making the Chief Justice of India. No lady judge reaches that zone of consideration because of the lack of seniority. For reaching the top position in the apex court, a judge needs a fairly long tenure of eight or nine years.

Only two times was this seniority convention breached – in 1973 and 1977 during the tenure of Prime Minister Mrs. Indira Gandhi – when junior judges were appointed to the office of the Chief Justice of India by superseding their seniors. The legal fraternity had rightly criticized such judicial supersessions. But thereafter, the seniority convention has been followed consistently in the appointment of the Chief Justice of India and there does not seem to be any apprehension of its dilution in the future as the Supreme Court has also approved this seniority convention in the Second Judges’ case in 1993.

The Supreme Court Collegium may consider elevating a woman judge who can have a tenure long enough to become the Chief Justice of India as per the seniority convention. This is a much-needed step toward the cause of women’s empowerment in the judiciary. Bypassing the seniority convention is neither possible nor desirable as judicial supersessions cause irreparable damage to judicial independence and give unwanted opportunity to the executive to control the judiciary. The timely appointment of woman judges so that they have long tenures is the best solution. And for this purpose, the Supreme Court collegium should take the initiative.

Post-1993, the judiciary has taken the power to appoint judges from the executive through constitutional interpretation, in the larger interests of judicial independence. Before 1993, the Prime Minister and the Union Law Minister were very powerful in making judicial appointments. They were the real judge-makers in the country. But now they have lost such influence. Under the existing practice, the judges of the Supreme Court are appointed by the President of India on the recommendation of the Supreme Court Collegium, which is headed by the Chief Justice of India and consists of four of his senior-most colleagues. This Collegium is the actual judge-maker and the President, Prime Minister, and the Union Law Minister have little say in judicial appointments.

However, the Central government has some scope to delay judicial appointments in some cases. The decisions of the Collegium are made by consensus. If two or more judges oppose the Chief Justice’s proposals, the Collegium cannot finalize the names and the President is also not bound to accept such recommendations. This exercise is done to eliminate the sole authority of the Chief Justice of India in judicial appointments. Now the CJI has to build a consensus among all his colleagues and finalize the names accordingly. He cannot ignore their views at all.

The President of India is bound to act as per the recommendation of the Collegium if it decides the names by consensus. However, the President, as aided and advised by the Prime Minister, has an option to return the recommendation of the Collegium once for its reconsideration. Thereafter, the President is bound to accept the Collegium’s recommendation if it reiterates its view. In other words, the Collegium has the final say in judicial appointments.

The present Supreme Court Collegium is headed by Chief Justice SA Bobde. Its other members are Justices NV Ramana, RF Nariman, UU Lalit, and AM Khanwilkar. As of now, the Supreme Court has four vacancies and five more judges will retire by the end of this year. Despite this, the Collegium headed by Chief Justice Bobde has not made even a single appointment to the Supreme Court. As per media reports, there is some deadlock in the Collegium, which has not reached a consensus on Chief Justices of High Courts who are eligible for elevation to the top court as per the seniority rule.

Chief Justice Bobde will retire next month. The last time a Chief Justice of India retired without recommending a single appointment to the Supreme Court was in 2015 (during the tenure of Chief Justice HL Dattu), when there was an unprecedented deadlock between the Central government and the judiciary on the issue of the National Judicial Appointments Commission (NJAC). After Chief Justice Bobde’s retirement, Justice N V Ramana is likely to become the Chief Justice of India as per the order of seniority.

There is no dearth of brilliant women High Court judges and lawyers in the country. There are many brilliant women lawyers and judges who, if elevated soon to the top court, can become the Chief Justice of India after a few years as per the seniority rule. The biggest issue is to include them in the seniority circle so that they could come to the top after a few years. I think this is a great opportunity for the Collegium to give India its first woman Chief Justice of the Supreme Court. It is not a difficult task. It requires strong commitment to the cause of women’s empowerment in the judiciary.

In addition to this, the Supreme Court needs more women judges also. There should be at least four to five women judges in the Supreme Court. The Court decides many important issues which can be properly adjudicated with the help of a woman judge’s perspective. Some brilliant women lawyers can also be considered for the judgeship in the top court.

Justice Indu Malhotra is the first woman to be directly elevated from the Bar. This trend of making appointments from the Bar needs to be continued in the future also. Some brilliant legal academics can also be considered for judgeship in the Supreme Court, given the constitutional provision of appointments of ‘distinguished jurists’ to the top court.

When it comes to the question of appointment of judges to the Supreme Court from the High Courts, seniority and regional representation are the major criteria that the Collegium considers. But there have been instances where judges have been directly elevated to the Supreme Court by relaxing the seniority norm. It is not rocket science. If senior women judges are not available, there are no written rules that stop the Collegium from appointing a High Court judge or a practicing lawyer to the Supreme Court. Ultimately, the final choice of judges depends on consensus within the Collegium. If all the collegium members decide that it is time to recommend a woman judge’s name for the Supreme Court judgeship, they can do so and a woman judge can be appointed to the Supreme Court at this time.

So, all this depends on the will power of the Collegium, which has conclusive power in judicial appointments. There is no reason to assume that the Central government will not appreciate this idea, which promotes women’s empowerment. So, now the ball is in the Collegium’s court.

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By Avani Bansal

We all know of Mohandas Karamchand Gandhi – popularly called ‘Father of Our Nation’, but did you know that his wife – Kasturba Gandhi was a powerhouse, who gave it her all for India’s independence. 

Born in Porbandar on 11 April 1869, she was married at the age of 14 years, to Gandhiji who was only 13 years old then. They had four sons – Harilal, Manilal, Ramdas and Devdas, but she could not ever fully recover from the loss of her first son. 

She was not just a doting mother, a committed wife but was also instrumental in bringing women together for India’s independence movement. 

In 1904, when Gandhiji established the Phoenix Settlement near Durban, she involved herself fully with the day-to-day management of it. In 1913, she was arrested in South Africa, when she participated in the protests against ill treatment of Indians in South Africa. But even while in prison, she saw it as an opportunity to encourage women to learn how to read and write. She also impressed upon them the power of prayer, especially in the fight against oppression. 

A famous anecdote is that when Gandhiji was fighting for the rights of indigo farmers in Champaran, Bihar, on their return to India – Gandhiji was very concerned about the low turn- out of women in political meetings. He requested Kasturba ji to visit the women in the nearby villages to find out the reason. She met the women and realized that women in those villages were so poor that they often had only one sari amongst them, so only one of them could attend the meeting.

During the Satyagraha movement, in 1922, inspite of poor health, she continued to actively participate in the protests and was arrested several times for the same. While managing her children, who were young, she never underestimated the role of women in the freedom struggle. 

While some may think, that she only shadowed her husband, Gandhiji himself is said to have remarked that Kasturba ji was always an equal and did everything in her control to fight the fight. In 1939, she had to undergo solitary confinement for a month, when protesting in Rajkot, Gujarat. During the Quit India Movement of 1942, she along with other freedom fighters was arrested and kept in Aga Khan Palace in Pune. Her health greatly suffered during this time and in 1944, she had two massive heart attacks. She passed away on 22 February, 1944 at the age of 74 years. 

The Kasturba Gandhi National Memorial Trust was set up to help continue her work for the welfare of women and children.

Here is a salute to all the women who played an equal part in the freedom struggle, sometimes with unequal recognition. They proved to the world that India is ready not just for a political revolution but also for a social revolution as regards the upliftment of women. History will remember Kasturba ji, not just as a wife who supported her husband in the freedom struggle but as a trailblazer who through her own life – disrupted gender stereotypes, and laid the path for women’s equal participation in every sphere of political and national activity. Infact she is said to have donated all her jewellery, given by her mother-in law to the Congress party for funding the freedom struggle. 

May her struggle and life inspire young women all across India today to play a crucial role in shaping the destiny of our nation. 

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Shalini is into prostitution – she has a kid who she needs to feed, and she could not think of any other way to survive. The trouble is that in spite of the fact that she is confident, has learnt to survive, she still finds herself at the losing end, when it comes to negotiating for her payment.

Dholak is an auto-driver. She is the only child of her parents. So, when her father fell sick, she had to rise to be the only bread-earner for her family. She took out her father’s auto-rickshaw and went to town for the first time, wearing a proper uniform. Several glances and pithy comments later – she now knows that she can survive, but even years later, she still finds it difficult to cut through the hesitation that many men feel in getting in her auto, even at peak traffic hours.

Sunaina is a law graduate who has always felt strongly about the rights of tribal and adivasis. She went to work with a local Human Rights’ Organization, that had been working for decades for the advocacy of tribal’ rights. When she saw the atrocities first-hand, and nature of state suppression, she felt herself too weak to bring about a change, all by herself. She persevered though and fought several cases, representing the tribal against big corporate lobbies.

Each of these women have given the best fight possible, without succumbing to their circumstances, and without feeling like a victim. Yet, the common thread that comes across these stories and similar stories from across India is the lack of ‘systemic measures’ to help ameliorate their situation. Any suppressed group or community needs systemic interventions by the state and the government, at multiple levels, if we are to see any significant leaps. Individual stories are also a reflection of their collective status, which unless women’s voices are mainstreamed, will be hard to act upon. Women in India need to look at the example set by those belonging to scheduled castes and scheduled tribes. Until a few decades earlier, the members of the SC and ST did not have any collective political voice in India, leading to their neglect and marginalisation by all political parties. It is only when their voices and issues were mainstreamed through political organisation, that a slew of reforms ushered in. We are witnessing the same today with the farmers’ organising themselves. Women too, and all those serious about women’s rights, need to find ways to bring women across India together, and to ensure that women are obsessed about their political status, not just their married/unmarried status.

Given the historical discrimination that women have faced, to think that women fighting all by themselves as individuals is sufficient to empower them, is living in a fool’s paradise. World-over, only countries that have taken systemic reforms have been able to show any significant, measurable development in women’s status. For e.g. Rwanda has the highest percentage of women in the Parliament – 61.3 %. This success rate can only be understood by looking at the policy and legal reforms that Rwanda took, most importantly reservation of seats for women in Parliament, that helped it turn around from the dismal figure of 18% women representation in Parliament in 1990 to the current figures. All other countries which have managed to strengthen women’s political voices such as Cuba, Bolivia, Mexico, apart from the Nordic countries, have undertaken a spree of reforms for women empowerment and equal political representation.

When we look around India of today, one cannot help but feel the desperation of women, irrespective of which category, class, or socio-economic status they come from.

Women uprisings or collective energy which was witnessed during the Shaheen Bagh movement and now of the female farmers in the farmers’ movement has given rise to an undercurrent that needs to be channelised for strengthening women’s voices in India. This is perhaps palpable by the current government which is ensuring that young and old women leaders, who speak up, have to pay a price for the same – the many examples include that of Ishrat Jahan, SafooraZargar, DevanganaKalita and Natasha Narwal, Sudha Bhardwaj and HidmeMarkam.

Women have nowhere to go but towards laying out their own destiny in the broader scheme of things in this country. This country also belongs to them, but it is time that women, keeping the challenges of intersectionality debate in mind, still come together and speak up for a cause that unites them all – mainstreaming their voices in politics. Because personal is political.

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By Rohini Sen

The second phase of the West Bengal Assembly elections concluded amidst BJP’s raging (and tone deaf) rhetoric of Hindutva and development. And in the middle of all this, stands the brutally caricatured figure of Mamata Banerjee, the CM. In popular imagination she is either “didi”, the omnipotent, loud mouth leader of TMC or, she is emblematic of all that is wrong with contemporary political vision in a state that just does not seem to fit anywhere with its peculiar nostalgic, baggage.

What is common to both is the complete flattening of the image of a woman who is desperately trying to hold on to her power in the overarching male political idiom of a country. This is not a vindication of her actions, the massive failures and deep dysfunctions of the party. But in portraying her as one or the other, there is a constant tendency to invisibilise what she is really up against.

How bhawdro (decent) or obhawdro (indecent) she is seems to far outweigh the rank communalism of BJP, the horrible psychic contortion that every female politician has to undergo to simply hold ground and, how all vulgar political pronouncements by literally any man is simply “a part of the system.”

Not hers though. Her scattered English and public stunts at visibility are mostly hashir khorak (object of ridicule). Again, this is not a vindication of violence or misbehaviour. But reducing her to hysterics, parody and caricature takes away attention from significant things.

The fact that the Prime Minister and Home Minister of the ruling central party are using all their might in a desperate effort to win one single state. That not once has the conversation been on issues, even the low hanging fruits, that ail Bengal.

But most importantly, that we always see female politicians with the standards given to us by our grandfathers, uncles and other male figure who decide the limits of public spaces.

The collective will of BJP has condensed on decimating its opponents through a rhetoric of ridicule. And there are innumerable bad things happening in this election. But, a harangued woman desperately trying to save her political capital is not the worst of them.

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By DR. Elsa Lycias Joel

A  hypocritical outcry of deteriorating traditional values is often heard when a woman walks out of her marriage whereas the larger number of financially dependent women struggling in bad marriages without rushing to get divorced are ignored. Divorce isn’t the flavour of any season. It happens not because women are uncultured, characterless or non-religious but because they are educated, aware and have a strong sense of self-esteem. Institution of marriage will always be respected but minus prejudice  and intolerance. Societal and familial pressure or trepidation of being frowned upon cannot force a man and a woman to live together. Agreed, many divorces are filled with bitterness, hostility and rancour because it is assumed mud fighting and slander can hurt only women. 

When women encounter problems in our society, tackling them calls for not loud voices, processions or placards but an objective analysis of reasons which underlie them. Not by law makers and enforcers alone but by every other woman and citizen. We have been seeing and hearing expressions like ‘women reservation bill’, ‘Nirbhaya fund’, ‘special woman safety programme’ and so on being bandied about as part of political debates and talk shows. Politicians, as we all have seen, heard and known, are supposedly well- trained suitably qualified people who position themselves right at the centre of action with the explicit purpose of not putting anything into action and get away with anything in politics.

Countries that make real, visible progress in women safety and empowerment are those whose leaders and citizens have been able to confront the problems head on to find solutions. The government of Iceland has been funding UNIFEM (United Nations Development Fund  for Women) for the past three years to promote gender equality and Iceland stands number one on the list of safest countries for women.  By almost every metric compared to the rest of the world, Denmark is very safe and it comes second. Denmark also has a history of finishing as the #1 happiest nation in the world according to statistics. Gender equality is important to the Nordic countries: Political parties in Sweden, Norway and Iceland all have gender quotas, which promote female candidates for top roles. As such, every country has their own ideals of equality between men and women. One can’t call it equality until there is a gender pay gap or glass ceiling.

Men and women are different – biologically and psychologically. Women play certain roles better than men and vice versa to complement one another, be it home or work place. Different does not mean unequal and no one gender needs to act dominant. 

In India, the governments that came and went made much hullabaloo about women’s reservation, without being able to achieve anything practical in this direction. 

Rape storms batter our country, followed by the blow-by-blow breaking of news by the media. Guilt or innocence is presumed. Worse still, rapists continue raping, unmindful of reprisals which they know how to handle and sometimes adorn seats in legislative assemblies and Parliament too. Seems like it’s not just ‘United we loot’ but ‘United we molest and rape’.

Girl children are warned differently such as, “control your anger, you are a girl”. Such social conditioning of girls in our society never needed any extra effort because religion is an important part of our country’s culture. And all religions profess and practice male dominance directly or indirectly. All over our spiritual India, fasting is mostly meant only for women. We also know what widowhood means in a country like ours, don’t we?  For aeons religious traditions have subjugated women.

Sexism is intrinsic to Hinduism and Buddhism. The Abrahamic religions of Judaism, Christianity and Islam have been worse.  Manusmriti is way too primitive. The Bible’s decree of male supremacy is known to the world. Most blessed mothers in The Bible are recorded to have given birth to sons only. The story of the adulteress who Jesus forgave and saved from being stoned is an example of how a combination of sex, a woman, public disgrace and double standard worked since biblical times. There was no mention of the man involved in the act. Without any mentioning the uphill battle remains steep for Muslim women. It is indisputable that women are excluded from Judaism’s most hallowed rituals and practices. Sabarimala saga is a case in point. If discrimination to enter a temple is based on sexual orientation and caste, constitutional Articles related to freedom of religion and essential religious practices must be understood better to signal a new era of transformative constitutionalism. Freedom, rights and values embodied in our constitution should not be let to freeze in time, lest we see no possibility of positive change and progress as per changing societal needs. Places of male gods cite menstruation as the main reason for denying women their religious freedom. How come the normative descriptive imagery and pronouns for god are male, enabling people to sculpt them that way!

I also ponder over ‘kallanalum kanavan pullanalum purushan’ which means even if the man is as insensitive as a stone or as useless as a blade of grass he is still ‘THE HUSBAND’, a visible god to the wife. Who else but a male chauvinist must have uttered this proverb!  Tamil literature has enough stories praising devout wives. Nothing wrong about it. But sometimes imaginations soar so high making stories sound ridiculous. One example is Vasuki Ammaiyar, a “Pathiviradhai” cooking delicious meal out a bag of sand given to her by Thiruvalluvar. Making such a story on a man of great intellect isn’t justifiable. And the pail that hung in mid air as this “Pathiviradhai” rushed to address her husband’s call half way through drawing water from a well is another story to motivate devotion in women. Unless mythologies are retold and understood in the right spirit, if not rewritten, these will be used to normalize or rationalize different forms of oppression or abuse, ofcourse by the wrong people. 

Bharat Mata i.e. India is a country where women are worshipped yet abused. It’s a national shame that despite more and more laws and funds, governments of secular, democratic and pluralistic India find it difficult to ensure that all sections of citizens feel equal, protected and secure. Kathua,  Hathras, Unnao and many more can’t be forgotten, forgiven. Meanwhile, Rajvir Singh Pahalwan and Surendra Nath Singh ought to be educated on what amounts to rape. How does Surendra Nath Singh know that sanskar hasn’t been instilled in victims? The Hathras district court was forced to stop the trial proceedings after Hari Sharma and his son Tarun Hari Sharma,  one of the advocates of the accused, created a hullabaloo and issued threats. But how was the father- son duo handled after their misbehavior is yet to be known. Being blessed with common sense, I guess, interrupting court proceedings by words and deeds should be considered as gross criminal contempt of Court.

As far as the sensational Pollachi sexual assault and extortion case is concerned there has been very little progress and Pollachi Jayaraman resigning from his 50 years of political career solely rests on the criminal justice system. The motive behind revealing the name of the victim by the then Coimbatore district Superintendent of Police (SP) R. Pandiarajan is not established until date. Whether the SP was pressing for a transfer shouldn’t be anybody’s wild guess! 

Musings enough, while Bharat Mata continues to sob? Now, will we do something about this – women, what say?

Interesting fact though – did you know that it was Bangla Mata, not Bharat Mata in Bankim Chandra’s original, as revealed by Netaji’s grand nephew. Here : https://sabrangindia.in/article/it-was-bangla-mata-not-bharat-mata-bankim-chandras-original-netaji-grand-nephew.

What’s in the name – nothing much, really. So keep calling India – bharat mata, and do nothing about women’s actual state in India. Unless, we really do decide enough is enough. 

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The Womb - Encouraging, Empowering and Celebrating Women.

The Womb is an e-platform to bring together a community of people who are passionate about women rights and gender justice. It hopes to create space for women issues in the media which are oft neglected and mostly negative. For our boys and girls to grow up in a world where everyone has equal opportunity irrespective of gender, it is important to create this space for women issues and women stories, to offset the patriarchal tilt in our mainstream media and society.

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