She was giving the Keynote Address at an interactive session titled ‘Breaking the Bias – A Constitutional, Legal, and Policy Lens,’ which was convened in honour of Women’s Day 2022 to reflect on the legal and policy subtleties that need to be considered in order to achieve gender equality in India.
Justice Banerjee was introduced as the Supreme Court’s eighth woman judge, a fact she was quick to point out.
She noted that, despite the fact that India’s Supreme Court and other constitutional courts now have the highest absolute number of female justices in history, their ratio remains small.
She added one question that bothers her is, “Why do we need women’s empowerment after 72 years of the Constitution?”
“Equality entails eliminating discrimination, equity entails fair treatment, and empowerment entails empowering women. It is the ability to make decisions about their own lives, subject to legal constraints. It envisages positive action in the fight against prejudice “Justice Banerjee stated the following.
According to the Supreme Court judge, the only option is for the law to develop, as well as for the collective psyche of citizens to evolve.
“We have a statute in place to prohibit discrimination and domestic abuse against women. But, right from the start, we must educate and sensitise parents to embrace and educate their daughters. Many of these concerns will be resolved if there are more women in positions of authority. The stereotyping of women, as well as the roles assigned to men and women, must shift. Laws can only go so far, after all “she stated
She also spoke about her own experiences with bias as the third girl child in her family, a junior lawyer, the only female judge of the Madras High Court for four years, and a Supreme Court judge.
Discussion with a Panel
Aishwarya Bhati, India’s Additional Solicitor General, agreed with Justice Banerjee on the significance of reforming patriarchal ideas, beginning at home.
She also emphasised the need of putting society’s duty for allowing women to thrive, rather than only on women to secure their own safety and security at all times.
“A woman cannot be empowered. That, I believe, is a misnomer. Allow a lady to flourish in the greatest way possible without interfering with her safety and security “Bhati explained.
Senior Advocate Geeta Luthra pondered whether it was appropriate to refer to Justice Banerjee as a “female judge” rather than simply a judge.
Sheryl Sandberg was cited as saying “There will be no female leaders in the future. There will only be a few leaders.”
On the legal, judicial, and policymaking fronts, Luthra discussed the need for lawyers, judges, and politicians who aren’t always the daughters and wives of prominent people who came before them, but who instead pave the way for women to hold positions of power based on their own abilities.
Advocate Karuna Nundy discussed how men and women have distinct expectations of behaviour, such as men being referred to as assertive while women are referred to as aggressive.
She spoke on the power of symbolism and how the sheer presence of Justice Ruma Pal (retired Supreme Court of India judge) and the fact that she was a good judge changed people’s perceptions about women in the field.
Nundy also paid tribute to the “champions within the gates” who, in her words, “open the way for women at the Supreme Court and in general.”
“They argue that more women should be on the Supreme Court and in positions of power. Women will dismantle patriarchal structures to a greater extent, not just in the legal profession but throughout the world “she came to a conclusion
Tanvi Dubey, an advocate, puzzled why women are hesitant to enter the legal profession. Along with a patient attitude, she and the other panellists addressed how important it is for women to mentor other women.
Yashomati Thakur, Maharashtra’s Minister for Women and Child Development, discussed some of the policies that are currently being developed in Maharashtra to promote women’s empowerment.
Savitribai Phule, one of the founders of the Indian feminist movement, was married off at the age of ten to her husband Jyotirao in 1840, when child marriage was still a popular practise in India. The pair, on the other hand, defied social conventions by working to eliminate caste and gender inequality, and even built a contemporary Indian Girl’s School in Pune in 1848.
Thakur stated, “Every house should have a mother like Savitribai Phule and a father like Jyotirao.”
The audience was also invited to ask questions during the panel discussion, however due to time constraints, only a handful were taken up and quickly commented on.
Karuna Nundy, one of the lawyers who represented a petitioner in the Delhi High Court’s Marital Rape case, responded to a query about her constitutional grounds. She stated she assumed the whole issue of marital rape would be low hanging fruit at first, but that men’s rights organisations were vehemently opposed to the proceedings before the Court.
“Taking away a woman’s freedom to say no also takes away her right to express a joyful yes,” she explained.
While a judgement like the one in the Nirbhaya case would not have been possible without the reaction of the media and the people, Geetha Luthra believes that with the emergence of social media commentators, we may be allowing the freedom of the press to affect justice delivery.
Regarding cyberbullying and harassment of women, particularly Muslim women, via apps such as bullibai and sullibai, all panellists agreed that, while it may not be an easy task for social media platforms, it is their responsibility to take more responsibility, rectify, and prevent the circumstances that breed such behaviour.
The event was headed by Virendra Sharma, Member of Parliament for the United Kingdom and Chair of the Indo-British APPG. He is one of the MPs who introduced the Child Marriage Bill in the UK Parliament, which was passed on November 19, 2021, making all kinds of child marriage in England and Wales illegal.
The conversations were conducted by Sanam Arora, founder of NISAU UK and investment strategist.
