Criticism Led To Saying: I Wish Men Menstruated
The Supreme Court has criticized the Madhya Pradesh High Court for dismissing a woman judge, Aditi Kumar Sharma, who faced termination during her probation. Justice BV Nagarathna, part of the two-judge bench, highlighted the insensitivity of evaluating a woman judge’s performance during maternity and miscarriage.
Supreme Court Questions High Court’s Criteria
The Madhya Pradesh law department terminated Sharma in June 2023 based on the High Court’s advice. Her dismissal was reportedly due to a decline in performance, but her petition stated she was on maternity and childcare leave when the alleged poor performance occurred.
Justice Nagarathna remarked, “I wish men menstruated. Then they would understand what it feels like,” emphasizing the mental and physical trauma women endure during such periods.
Maternity Leave: A Fundamental Right
Aditi Sharma argued that her termination violated her fundamental rights, including equality and personal liberty. She highlighted that evaluating her performance during maternity leave was unjust. “Maternity and childcare leave is a fundamental right for women and infants,” her petition stated.
High Court Reinstates Some Judges, Excludes Sharma
While four judges were reinstated in August 2023, Sharma was left out. She claimed her dismissal lacked due process despite her four years of unblemished service.
