A Judge on social media said that Lady lawyers who winked at him got favourable orders. Though it seems that it was fired as a joke, coming from a Retired Supreme Court Judge, it was not conveyed as such. People found it “outrageous” and “misogynistic”. Even deleting the post sooner did not help the ex-Supreme Court Judge. After a lot of noise and criticism, the Retired Judge has issued an unconditional apology. Let’s have a look at who the Judge is, what he said, and how it turned out to be a controversial statement raising uncalled questions on the dignity of the Bar and the Bench.
Who is Justice Katju?
Justice Markanday Katju has served as a Judge of the Supreme Court of India from April 10, 2006. He retired on September 20, 2011. Before serving as the Judge of the Apex Court, he has served as a Judge at various High Courts. After graduation, he practised law in the Allahabad High Court and other Courts till his elevation to the Bench in 1991. This reflects that Justice M. Katju has served as a Judge for 20 years or so, that too in both the Constitutional Courts of India. Hence, the dignity of the Chair cannot be assumed alien to him. However, his opinions and expressions have time and again made news in the Legal Fraternity. One such instance happened recently.
Harmless Wink Joke or Misogyny?
A budding female Advocate allegedly asked Justice Katju for some advice on effective arguments in the Court. Of course, when your arguments are on point with the applicable laws, it is more likely for you to get favourable orders from the Court. There is nothing wrong to approach a Retired Judge on Social Media to seek some professional advice. This can help polish one’s skills and get better at the profession – ethically.
However, things took a diversion when Justice Katju replied on the Female Advocate’s query. What he said, or say, advised, raised a lot of eyebrows. He suggested she wink at the Judge to get favourable orders. He did not stop there to let the message stay humorous at any degree, and went on to explain that all the Female Advocates who winked at him got favourable orders. This not only outraged the fraternity, but some Advocates even sought revisiting his Judicial decisions to do justice to the parties.
Why is it a controversy?
Having served the Bench for a considerable period of time, Justice seems to have raised a big, really big question mark on the ethics and genuineness of his tenure as a Judge. Speaking of the Indian Legal System, a Judge is supposed to decide a matter on merits, applying the relevant laws, and decide the matter without any bias. However, as he said, if it was a Female Lawyer’s wink that decided who gets the favourable orders, it raises questions on his position as a Judge when he served the nation. The Supreme Court Women Lawyers Association condemned the ‘misogynistic’ remarks and called for a public apology by the Retd. Supreme Court Judge.
Inference
What started as a joke did not go well and ended up with an apology. It is proved again that Social Media is not a place to speak your heart in ignorance of laws. Whether online or offline, one should be careful of what they say and convey, even if it sounds like a joke. Especially people holding or having held a dignified position need to be more responsible with their words. The recent Justice Katju’s wink controversy is a lesson for one and all, that you need to respect other people’s sentiments and dignity at all times.
On the other hand, Women who choose Litigation as a profession have to fight a battle on a daily basis. From dealing with chauvinists and misogynists, to balancing the unfathomable work hours, survival in the profession is challenging. A lot of female law graduates either drop out or opt for another profession, just because litigation and family responsibilities do not go hand in hand. For someone who has struggled so hard to thrive in the Legal Profession, if someone says that you may wink at the Judge to get a favourable order, isn’t it an insult? – To the Females and equally to the Legal Profession itself.
