Five Judges Of Five Faiths But No Woman Judge In Supreme Court Bench Hearing 'Triple Talaq'

If the Supreme Court is trying to put across a more inclusive image in its bench hearing the triple talaq case among Muslims, it may have missed an obvious step. There are no women on the bench hearing the case where Muslim women have objected to the patriarchal practice of men giving divorce by merely uttering the word.

The move to accommodate a Sikh, a Parsi, a Chirstian, a Muslim and Hindu is largely been seen as an exercise in optics. The bench almost covers the panorama of Indian religion but the sole woman judge of the Supreme Court is not on it.

Whatever the ruling, it will no doubt be decided based on jurisprudence and constitutional acumen of the judges and not faith training or considerations. Despite that rider, there is no woman on the bench.  Justice R Banumathi is the only woman amongst 28 sitting judges of the Supreme Court, which can have a total bench strength of 31 judges.

Prerna Kumari, advocate and general secretary, Supreme Court Women Lawyers’ Association (SCWLA), declined from commenting on the issue. The SCWLA has been critical of the underrepresentation of women in the judiciary, especially at the top.

“It is the judges’ prerogative who they put on the bench and I cannot comment on their choice. But, yes, Justice Banumathi remains the sole woman judge in the apex court,” she told Outlook.

Many organisations of Muslim women and others have criticized the custom which allows Muslim men to divorce women simply by uttering the word ‘talaq’thrice. The All India Muslim Personal Law Board and the Jamat-Islam-e-Hind have defended these practices.

While this custom itself is being questioned as patriarchal, there are no women to decide the issue.

Even the government, which does not seem to favour the tradition, is represented by Mukul Rohatgi. Senior advocate Pinky Anand is the only woman lawyer among the entire list of government’s additional solicitor generals.

While several High Courts have women judges and a few have women chief justices, very few have made it to the Supreme Court. In fact, there have been only six women judges in the Supreme Court since the first, Justice Fatheema Beevi, in 1950.

There are two women judges under consideration for elevation to the Supreme Court in its next round of appointments, including current chief justice of Bombay High Court, Justice Manjula Chellur. If her elevation is not confirmed soon, she is slated to retire in December 2017. HC judges retire at 62 while SC judges retire at 65