Justice Nagarathna is projected to be the Chief Justice of India in 2027.
Making a series of important observations on the role of women in society as well as the family unit, a Supreme Court judge, who is projected to become the first woman Chief Justice of India, has said "a son is a son till he gets a wife, but a daughter is a daughter for life". Justice BV Nagarathna also emphasised the need for having a higher representation of women in the judiciary, stating that it will be an important step towards gender equality.
Delivering the 28th Justice Sunanda Bhandare Memorial Lecture in New Delhi on Friday, Justice Nagarathna said, "Courts have played a key role in ensuring that discrimination is not a part of governance in state mechanisms. The judiciary has played a special role and crafted creative remedies to tackle systemic injustice by upholding or striking down laws. Courts have always stepped in to eliminate discrimination."
She added, however, that, "Despite this, we are yet to see the new woman identity."
Justice Nagarathna, who is expected to be the Chief Justice of India in 2027, also spoke about the problems faced by pregnant women in the workplace.
"A woman is asked when her last period was to find out if she is pregnant, and women in the private sector find someone else in their jobs after they return from maternity leave. This cannot be allowed, it has been stated in judgments," she said.
Speaking about the importance of women in the family unit, the judge said both women and men must realise that they are both important pillars of marriage. She stressed this was especially important given the rise in domestic violence and infidelity.
"Shed Condescension"
"Men must shed their condescending attitude. The institutions of family and marriage must be sustained, and should be based on the happiness and well-being of the family as well as women. The erosion of the identity of women in families, in any capacity, is eventually going to lead to breakdown of marriage. Behind every successful man, there has to be a family," Justice Nagarathna said.
She added that it was high time men realised that financial and educational independence are ways of empowering women.
"I am trying to balance... empowerment should not lead to women overpowering the men or anyone looking down on another. Respect and humility would go a long way in sustaining marriages and families. Being humble is antithetical to anger," she clarified.
'Best Tribute'
Justice Nagarathna urged institutions to help make the judiciary more inclusive and diverse, stating that doing so will build the courts' credibility and legitimacy. She said this will also ensure that courts become more gender-neutral spaces.
"It is my urgent plea to Justice KV Viswanathan, who will also become Chief Justice, to make the judiciary more inclusive. In many ways it would be the best tribute to Justice Bhandare," she said.
Justice Bhandare was known for fighting discrimination against women and is reported to have said, "A woman's place in society marks the level of civilisation".