Justice (retired) M Fathima Beevi passed into the ages this week as quietly as she had lived her life but her passing provides an occasion to not only salute her spirit but also examine gender in the judiciary. Starting her legal career as a munsif in a subordinate court in Kerala, Justice Beevi rose to the ranks of the district court and then the high court to be appointed as the first woman judge of the Supreme Court of India in 1989 — a position she held till 1992.
The occasion, nearly 40 years after independence, was one to remember for all times and infused new hope about women in higher judiciary. She was later appointed governor of Tamil Nadu before exiting public life. Along the way, she said “I opened the doors”. She did so, but it hardly meant an improved gender representation in the judiciary, especially at the apex level.
The SC has had only 11 women judges so far, barely 4% of the total, including Justice Beevi and the three judges on the bench now. The three – Justices Hima Kohli, Bela Trivedi, and BV Nagarathna -- comprise only 10% of the total 34 judges. Not many women have been able to walk through the open door; the situation is not better in high courts around the country either.
This is intriguing given the large number of women in law colleges and women lawyers in the judicial hierarchy. Why are qualified and experienced women being overlooked in high-level appointments? Is patriarchy so deeply ingrained in the structure that the glass ceiling does not yield, never mind that the doors were opened nearly 35 years ago? Stalwarts who stand in silence for Justice Beevi must reflect on these questions too.
