Supreme Court judge Justice BV Nagarathna has firmly asserted that the increasing presence of women in traditionally male-dominated professions is not an intrusion but a rightful reclamation of spaces that were historically denied to them due to patriarchal structures.
Speaking at the launch of the book “Women Laws from the Womb to the Tomb: Rights and Remedies”, authored by Senior Advocate Mahalakshmi Pavani, Justice Nagarathna emphasized that language plays a pivotal role in shaping perceptions around gender roles.
“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 observed.
She disagreed with such portrayals, stating:
“Women are not intruding or stepping into someone else’s territory; rather, they are citizens, contributors and leaders in their own right.”
“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.”
CALLS FOR SWIFT IMPLEMENTATION OF WOMEN’S RESERVATION IN PARLIAMENT
Justice Nagarathna also advocated for the immediate enforcement of the 33% reservation for women in Parliament and State Legislatures under the Constitution (128th Amendment) Act, 2023.
“We are not anti-men. We are pro-women,” she said, underlining that the enactment would symbolize the culmination of centuries of struggle for gender equality in India.
MISUSE OF LAWS: JUDICIARY MUST STRIKE A BALANCE
Highlighting concerns over the misuse of protective laws, especially Section 498A (now replaced under the Bharatiya Nyaya Sanhita, 2023), Justice Nagarathna emphasized the judiciary’s crucial role.
“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.”
APPEAL TO LAW COMMISSION: REVIEW DISCRIMINATORY LAWS
She also called upon Law Commission Chairperson, retired Justice DN Maheshwari, to review all existing laws that discriminate against women and submit recommendations for legislative reform.
BOOK LAUNCH: “WOMEN LAWS FROM THE WOMB TO THE TOMB”
At the event, Senior Advocate Mahalakshmi Pavani said the book was written to empower women by bridging the knowledge gap around legal rights.
“This book isn’t just about laws, it’s about empowerment and empathy… a rudder for the common layperson,” she said, explaining that it addresses challenges faced by women across generations and offers practical guidance.
JUSTICE HIMA KOHLI: BOOK MAKES LAW ACCESSIBLE TO ALL
Retired Supreme Court Judge Hima Kohli, who formally released the book, praised it for making complex legal concepts accessible to the public.
“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 said.
“The book bridges a critical gap in access to legal knowledge by humanising and contextualising women’s rights.”
The book, which covers 25 chapters, includes issues like reproductive rights, sexual harassment, marital rape, and bride trafficking, and is positioned as a legal companion for lawyers, policymakers, students, and everyday citizens.
JUSTICE KV VISWANATHAN: WOMEN’S CONTRIBUTIONS ARE TRANSFORMATIVE
Supreme Court judge Justice KV Viswanathan, also present at the event, described the book as a “fascinating read” and acknowledged the transformative impact of women entering spaces that were once closed to them.
“Women’s participation in fields previously closed to them has had an immeasurable impact on science, arts, law, and public life,” he said.
CONCLUSION
Justice Nagarathna’s powerful message challenges outdated narratives and reasserts the rightful place of women in leadership, law, and governance. Her call for immediate reforms, gender-neutral legal language, and active legal review reaffirms the judiciary’s role in shaping an equitable and inclusive India.
