​Long roots: on India and patriarchal biases

If institutions are serious about rooting out sexism, they must walk the talk. Instead of merely celebrating the entry of more women in the workforce, they have to provide an enabling atmosphere for those on the rolls. In a judgment last week, the Supreme Court of India showed its intent by declaring that with more and more women joining judicial service, it was time for the judiciary to be more cognisant of their well-being at the workplace. Reinstating two women judicial officers of Madhya Pradesh who had been sacked for “inefficiency”, despite the fact that one of them had suffered a miscarriage, Justice B.V. Nagarathna said it was not enough to “find comfort solely in the growing number of female judicial officers if we are unable to secure for them a sensitive work environment.” The judgment set aside the ouster of two civil judges, Sarita Choudhary and Aditi Kumar Sharma, terming the termination orders “punitive, arbitrary and illegal”. That Justice Nagarathna, one of two women judges in the Court, which has a sanctioned strength of 34, had to step in, is an indication of the long and difficult fight for gender equality, and the need for change in mindsets and reform. In several past verdicts too, the Court had drawn attention to gender stereotyping and discrimination against women.

In her judgment, Justice Nagarathna underscored the importance of having more women in the judiciary, and this holds true of other branches of the government such as the legislature and the executive. Greater representation of women will ensure better understanding of their needs and lead to better policies. The freedom from discrimination or equal protection of the laws during pregnancy and maternity are precious rights for the women workforce, she noted. Just as motherhood brings joy, a miscarriage has a deep psychological, physical and mental impact on women, and the onus is on policymakers to be aware of this and act accordingly. While gender cannot be an excuse for poor performance, it is incredible that the Court had to intervene to call out a wrong on a basic issue such as maternal rights. In doing so, the Court has also, yet again, reminded not only those in power but also the larger society, that age-old, entrenched patriarchal systems have no place in a country aspiring to emerge as a developed economy. If women are not provided a larger role in decision-making, their concerns will remain invisible to policy. To achieve that goal, education has to be accessible to girls in a non-discriminatory manner. At work, they must be assured of a safe and healthy environment as a basic right and guarantee.