Michelle Obama rightly said, “No country can ever truly flourish if it stifles the potential of its women and deprives itself of the contributions of half of its citizens”. The Indian judiciary has undergone a tremendous transformation and evolution, with women breaking into this field. According to the World Bank's collection of development indicators, 48.42% of India's population is female, which is nearly half, and you cannot achieve success in any field without tapping into the potential of half of the country's brainpower.

Men and women often have different thinking approaches due to variations in their brain structure and social factors. Including all sets of perspectives is very important for sound decisions and serving justice. While men are considered to be more rule-oriented, women may rely on emotional instincts, relating to the victims and interpreting the constitution in a more empathetic and intelligent way. 

Not only this, but equal representation of different genders is also important for society, as it helps in the progress of the country, fostering trust in parties and bringing about many other positive impacts. This essay will explore these impacts and the contributions made by the Women judges of the Indian Supreme Court. 

THE TRAILBLAZERS 

Indian Judiciary has a longstanding and rich history, but plain as day, it was always male-dominated, with no place for women in the field. But then in the year of 1892, a rebel, Cornelia Sorabji. She was the first Indian woman to sit for the Bachelor’s in Civil Law exam. Since women were not allowed to graduate at that time, she couldn’t receive a formal degree, but this didn't stand in the way of epic Sorabji. In 1902, she started petitioning to create an office for female advisors, and by 1907, she was appointed as Lady Assistant to the Court of Wards. Sorabji helped over 600 women and children receive justice. In 1923, she officially gained recognition as a barrister. 

Anna Chandy, a first-generation feminist in India, hailed from Kerala, where she got her law degree and practised as a barrister. She became the first woman judge in India. She made it to the district court in 1948 and later to the Kerala High Court in 1967, becoming an inspiration for many along the way. She was vociferous, charismatic, and never held her opinion back. Justice Chandy founded and edited a magazine called ‘Shrimati’, which advocated women's rights. She is the literal definition of blazing a trail. Not to mention, she also became an inspiration for the legendary Fathima Beevi to break into law.

Elaine Welteroth famously stated, "When the world tells you to shrink, expand," and this is how the beloved Justice Fathima Beevi was. Coming from a science background and initially keen to study Chemistry, she was inspired by Justice Chandy and, out of obedience to her father, broke into law to make a difference in society. In 1950, she enrolled as an advocate, and a few years later, she began her official judicial journey of four decades. She made history by becoming the first woman judge ever appointed to the Supreme Court of India and the first ever Muslim woman to join the higher Judiciary. She unlocked the doors for thousands of women. Today, her name is found in every law book. After she retired from the Supreme Court in 1992, she went on to become the Governor of Tamil Nadu in 1997, once again making history and breaking the glass ceiling for women.

After Justice Beevi opened the doors, another iconic Judge, Justice Sujata Manohar, followed the same path. She turned to become the first woman chief justice at the High Court of Bombay and was then transferred to the Kerala High Court as chief justice. Later, she also became the second woman to be appointed to the Supreme Court of India. However, her milestones do not end there. She was the first woman from India selected to participate in the course on Patent Trial held at Beijing under WIPO and U.N. auspices in December 1986. She served in some of the famous cases like Preeti Srivastava (Dr.) v. State of M.P., (1999) 7 SCC 120 and Govt. of A.P. v. P.B. Vijayakumar, (1995) 4 SCC 520. After her, the third woman to make it up to the Supreme Court was Justice Ruml. She was the longest-serving woman judge in the Supreme Court of India.

While discussing the contributions of women judges, how can one forget about Justice Gyan Sudha Misra and Justice Ranjana Prakash Desai. The year of 2013 was marked as a golden year when a bench comprising only women judges was presided over by none other than Justice Misra and Justice Desai. Along with this, both the distinguished judges have served many landmark judgements, like Sushil Ansal vs State and Aruna Ramachandra Shanbaug, which were decided by Justice Misra, and the famous case of Union of India and Sara Mathew case was dealt with by notable Justice Desai. 

Along with this, there have been two other instances in history when an all-women bench was formed in the Supreme Court. In the year of 2018, a bench presided by Justice Indira Banerjee and Justice R. Banumathi was established. They both are known to be intelligent and sharp judges. Then, in the year 2022, a bench comprising Justice Hema Kohli and Justice Trivedi (currently serving) was formed. These three years marked a significant milestone in history, as they comprised some of the greatest judges of all time that the Supreme Court has ever witnessed. 

One final retired woman judge at the Supreme Court of India who can never be forgotten is the great Justice Indu Malhotra. She was the first woman judge to be elevated directly from the Bar Council of India, straight away becoming yet another trailblazer in Indian history. 

Out of all the 9, the contribution of any single judge cannot be ignored because they all have served a very pivotal role, delivered landmark cases, and proved that the women can excel in male-dominated fields, and also paved the way for other women, and will always be an important part of history.

THE STEWARDS

2021 became the year when the highest number of female judges were appointed to the Supreme Court at the same time, with three appointments. However, Justice Hima Kohli retired in September 2024, and now the Supreme Court has two female judges: Justice Bela M. Trivedi and Justice B.V. Nagarathna. Justice Trivedi is set to retire in 2025, and Justice Nagarathna in 2027. It is also believed that Justice Nagarathna may become the very first woman chief justice of India in 2027, although she will hold the position for only a few days, as she is set to retire in the same year. These two women are the future of our nation. They are poised to make a significant impact and, in the coming few years, could become new trailblazers for the next generation by performing actions that may lead to substantial change. 

Let’s now discuss the contributions they have made so far to the Supreme Court of India.

Justice Trivedi was born in 1960 in Gujarat and became a Judge in 1995. She was featured in the Limca book records as a 'father-daughter judge in the same court'. After serving at various courts throughout her tenure, in the year 2021, she was transferred to the Supreme Court of India. Since then, she has presided over several important cases. She has delivered around 79 judgments and has been part of approximately 238 benches. Of the total number of cases dealt by her in the Supreme Court, 38% are criminal cases, 8% involve civil cases, 8% are in the consumer sector, 5% relate to Constitutional Law cases, 4% concern insurance, and 25% fall under miscellaneous categories.

All the judgments delivered by her are notable, but some of the most famous ones include the Attorney General for India vs Satish, in which the POCSO Act was discussed. Another such impactful judgment was in the case of Janhit Abhiyan vs Union of India, which concerned the 103rd constitutional amendment. Along with this, the State of Maharashtra vs Mahesh Kariman Tirki, dealing with the UAPA Act, and the State of Punjab vs Davinder Singh, regarding article 16(4), are some other cases presided over by her. All these cases were very complex ones and involved sensitive matters. However, with her intelligence, power of interpretation, and empathy, she delivered some of the best judgments, satisfying all the parties involved.

Justice Bangalore Venkataramiah Nagarathna was born in 1962 in Karnataka. She enrolled as an advocate in 1987 and became a judge in 2008. Finally, in 2021, she was appointed to the Supreme Court of India. Throughout her tenure in the Supreme Court, she has delivered 68 judgments and presided over 447 benches. Of her judgments, 20% were criminal, 17% civil, 10% family, 7% service, 6% taxation, and 4.7% constitutional.

Some of her notable decisions include Bilkis Yakub Rasool vs. Union of India, which dealt with the matter of gang rape, Neeraj Dutta vs. State, which involved the Prevention of Corruption Act, and the Kaushal Kumar vs. State of Uttar Pradesh, which dealt with Article 19(2) of the Constitution. In the case of Vivek Narayan Sharma vs. Union of India, dealing with the demonetization scheme, Justice Nagarathna was the sole dissenter in a 4:1 majority decision. She has always been a strong and principled judge. 

Both of these justices provide us every day with valuable judgments and contribute to making the nation just and prosperous.

CONCLUSION

It is high time we start acknowledging the contributions made by women. To support someone, we must first recognise their importance and value. To increase the number of women judges at the Supreme Court and lower court levels, we need to appreciate the work they have done so far. This will help us realise how much more women are needed in the judiciary.

In this essay, I have discussed all the women justices in the Supreme Court till now, and there have been only 11 women in total, despite 76 years of independence. Women are making strides in every field, whether it’s medicine, commerce, or law, but they still face barriers in the legal field itself.

The contributions made by all these remarkable women are invaluable, and having more female judges will undoubtedly lead to even more such contributions to society. This essay is a tribute to Justice Beevi, Justice Manohar, Justice Ruma Pal, Justice Misra, Justice Ranjana Prakash, Justice Indu, Justice Banerjee, Justice R. Banumathi, Justice Kohli, Justice Bela M. Trivedi, and Justice B.V. Nagarathna, along with special thanks to Advocate Sorabji and Justice Chandy. They are all true feminists who paved the way for us, served this nation, and the nation will cherish and forever be indebted to them.