Conditions like menstruation and miscarriages are two deeply personal experiences that can take a toll on a woman’s physical and mental health. Studies have shown that after a miscarriage, hormonal changes can cause fatigue, mood swings, and even brain fog – making it hard to focus or think clearly. Yet, society often brushes these struggles aside, expecting women to continue performing without acknowledging their pain.
The lack of empathy and understanding for these experiences was recently highlighted by Supreme Court Justice BV Nagarathna, who expressed her frustration over the sacking of a woman judge in Madhya Pradesh during her probation period. Here’s what happened.
Aditi Kumar Sharma, a judge on probation, was among five women terminated by the Madhya Pradesh High Court in June 2023. The decision was based on their alleged poor performance during the probation period. It was during this period that she suffered a miscarriage, reported NDTV.
However, Ms Sharma, who had received “very good” and “good” performance ratings in previous years, argued that her evaluation during the probation period unfairly included the time when she was on maternity and childcare leave.
Ms Sharma argued that assessing her performance during this time was unjust and a clear violation of her right to equality and personal liberty. She also alleged that her termination did not follow due process, despite her unblemished service record over four years.
In August 2023, the Madhya Pradesh High Court decided to reinstate four out of the five sacked women judges. However, Ms Sharma was not on the list, sparking outrage and leading the Supreme Court to step in.
The Supreme Court took the Madhya Pradesh High Court to task over the termination of Aditi Kumar Sharma. Justice Nagarathna, who is known for her progressive stance on women’s issues, didn’t mince her words as she called out the lack of sensitivity in the High Court’s decision.
“I hope such criteria is also imposed on male judges. I have no hesitation in saying this,” remarked Justice Nagarathna.
She further added, “The lady, she has got pregnant and she had a miscarriage. The mental and physical trauma of a lady who has undergone a miscarriage. What is this? I wish men have menstruation. Then they will know what it is.”
The fact that a woman was evaluated on her work during a time when she was recovering from a miscarriage speaks volumes about how little empathy exists in the system.