In the case of [In Re: Termination of Civil Judge, Class-II (JR. Division) Madhya Pradesh State Judicial Service], the Supreme Court of India criticized the Madhya Pradesh High Court for firing six female civil judges in June 2023, raising concerns about the termination criteria. The MP High Court recommended that the judges be dismissed since the female judges' performance throughout their probationary period was deemed inadequate.
The Apex Court noted that male judges ought to be held to the same standards as women, acknowledging the mental and physical obstacles that women encounter.
A panel of Justices BV Nagarathna and N Kotiswar Singh heard the case, which involved the recent termination of six female judges, two of whom had not yet been reinstated. The state's attorney clarified that the judges were fired because they were not managing enough cases effectively.
Case facts:
- Following a full court session and an administrative committee's determination that the judges' performance was inadequate, the state law department issued the termination orders.
- One of the judges who was fired filed an impleadment plea, claiming that her dismissal infringed upon her fundamental rights to life, personal liberty, and equality before the law.
- The court further contended that her quantitative job assessment needed to take into account her maternity and child care leave.
- The Madhya Pradesh High Court has reinstated four of the six judges who were fired.
- The Supreme Court has questioned the criteria used to fire the female judges.
What was said by the Supreme Court?
According to Justice Nagarathna, "I wish they had menstruation; then only they would understand."
The Apex Court stated that the same standards would apply to male judges. The Court further stated that it is incorrect to label women as slow and send them home if they are experiencing bodily or emotional pain.
Following a recommendation by the Madhya Pradesh High Court, the Madhya Pradesh government dismissed the services of six judges in June 2023 after the case was considered in the Supreme Court on a suo motu petition.
According to reports, the aforementioned female judges' poor performance during their probationary period led to their termination.
The Court's ruling
On December 17, the Supreme Court postponed rendering a decision in the issue involving the Madhya Pradesh High Court's decision to remove two female judges from office.
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