Women are reclaiming rightful place, not invading male-dominated spaces: Justice BV Nagarathna

Supreme Court judge Justice BV Nagarathna on Friday said that the rising presence of women in male-dominated professions cannot be termed an intrusion, but that it shows that women are reclaiming spaces that were historically denied to them due to patriarchal discrimination..She observed that language used to describe the presence of women in positions of power often carries subtle implications of intrusion.“We frequently hear phrases like women 'entering' the judiciary, 'claiming' a seat in the board room or 'making their way' into fields of power and influence. On deeper examination, however, they subtly suggest that these spaces were not meant for women, that their presence is unusual or even intrusive," she noted. However, she disagreed with such perceptions of women being 'outsiders' rather than rightful participants. She said that such views - that power, decision-making and intellect naturally belong to men - were not just old-fashioned, but fundamentally inaccurate.Women are not intruding or stepping into someone else's territory; rather, they are citizens, contributors and leaders in their own right, Justice Nagarathna said. “What is happening today is not about women 'invading men’s spaces', but rather dismantling barriers that have unfairly excluded them for generations. Every woman stepping into a courtroom, legislature or boardroom today isn’t expanding her boundaries. She is reclaiming her fair share of this nation’s intellectual and institutional legacy,” she added. .Justice Nagarathna was speaking at the launch of the book, Women Laws from the Womb to the Tomb: Rights and Remedies, authored by Senior Advocate Mahalakshmi Pavani..In her address, Justice Nagarathna also called for the prompt implementation of 33 per cent reservation for women in Parliament and State legislatures under the Constitution (128th Amendment) Act, 2023. She opined that the enactment of this amendment would be the culmination of “centuries of struggle” by Indian women for gender parity.“We are not anti-men. We are pro-women,” she further remarked..We are not anti-men. We are pro-women.Justice BV Nagarathna .She also flagged concerns regarding the misuse of laws like Section 498A (cruelty by a husband or his relatives towards a woman) of the erstwhile Indian Penal Code (now replaced by the Bharatiya Nyaya Sanhita, 2023). She underscored that the judiciary must be vigilant in distinguishing genuine claims from false ones.“In a day and age of rampant misuse of laws, the impetus has fallen on the judiciary to see through false claims and ensure that the intent of the legislator is not left in the lurch in genuine cases. The judge is obligated to be meticulously aware of the practical realities of society and identify the distinction between a claim, weaponising the law and another, praying for justice," she said. Justice Nagarathna further called upon Law Commission Chairperson, retired Justice DN Maheshwari, to conduct a review of all laws that continue to discriminate against women and submit remedial recommendations to the government..Senior Advocate Mahalakshmi Pavani said her motivation to author her book on women's laws stemmed from the multifaceted challenges faced by women across generations, which are often compounded by a lack of awareness of legal rights. “This book isn’t just about laws, it’s about empowerment and empathy… a rudder for the common layperson,” she said, adding that it was written for every woman who dares to dream of a brighter tomorrow..Retired Supreme Court judge Justice Hima Kohli, who formally released the book, said the book bridges a critical gap in access to legal knowledge by humanising and contextualising women’s rights. “The law, for all its sophistication, remains unfathomable for a vast majority of our population, particularly women. It is this deep void that the book finds its calling,” she remarked. She praised Pavani’s book as a “legal companion” that speaks not only to lawyers but also to policymakers, students and citizens alike, noting that its 25 chapters range from reproductive rights to sexual harassment, marital rape and bride trafficking..Justice KV Viswanathan, who was also present at the event, commended the book as a “fascinating read” and noted that women’s participation in fields previously closed to them has had an immeasurable impact on science, arts, law and public life..Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.