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Justice Hima Kohli: “The fierce protector of women’s rights” bids farewell to SC
As justice Hima Kohli steps down, the SupremeCourt will be left with only two women judges -- justices BV Nagarathna and Bela M Trivedi
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Justice Hima Kohli, who served as a Supreme Court judge, was on Friday lauded as a “fierce protector of the rights of working women” during her farewell on her last working day before retiring on September 1, 2024.
Chief Justice of India (CJI) Dhananjaya Y Chandrachud, presiding over the ceremonial bench, led the accolades, highlighting justice Kohli’s unwavering commitment to justice and her significant contributions to upholding the rights of women in the workplace.
The CJI praised justice Kohli for her steadfast support, particularly during challenging times on the bench, remarking: “Hima, you are not just a judge who is a woman but a fierce protector of the rights and conditions of working women.”
The CJI further acknowledged the profound impact she has had on the judiciary and the legal community, not just as a judge but as a champion for gender equality.
Attorney General R Venkataramani, in a lighter vein, expressed his wish to have filed a writ petition before the Supreme Court to seek an extension of tenure for women judges, adding that such a petition would undoubtedly have been granted.
Venkataramani highlighted justice Kohli’s dedication to the cause of justice throughout her career, noting that her departure leaves a void that will be felt deeply by the legal fraternity.
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Solicitor General Tushar Mehta and other senior members of the bar also paid tribute to justice Kohli’s legacy. Mehta highlighted her unique ability to deliver justice with compassion, paired with a strong and resolute exterior.
Senior advocate and Supreme Court Bar Association (SCBA) President Kapil Sibal reflected on her judicial acumen and the sense of foreboding he and his colleagues felt when they saw her peering over her glasses during court proceedings, knowing that her incisive questioning would leave no room for error.
Adding to the tributes, senior advocate Vipin Nair, president of the Supreme Court Advocates-on-Record Association (SCAORA), invoked former British Prime Minister Margaret Thatcher, likening justice Kohli’s approach to “using iron hands with velvet gloves” during her three-year stint in the apex court.
Nair commended her for balancing the rights of the marginalised with those of the powerful, saying: “You have balanced the rights of a lonely woman and also an innocent flat buyer.”
As justice Hima Kohli steps down, the SupremeCourt will be left with only two women judges -- justices BV Nagarathna and Bela M Trivedi, raising concerns about gender representation at the highest level of the judiciary. The Supreme Court has a sanctioned strength of 34 judges, including the CJI.
Appointed to the Supreme Court in August 2021, she served as the chief justice of the Telangana high court and a judge in the Delhi high court where she was appointed in 2006.
One of her significant contributions in the Supreme Court was her role in the ongoing proceedings concerning the regulation of advertisements for health products, ethical standards of health care advertising and the influence of commercial interests on medical practices.
The case involved contempt proceedings against yoga guru and entrepreneur Ramdev and Patanjali’s managing director Balkrishna for allegedly misleading advertisements, highlighting justice Kohli’s commitment to holding powerful entities accountable. The contempt proceedings were closed on August 13 after accepting their unconditional apology and a renewed undertaking to avoid misleading advertisements and claims about Patanjali’s products.
A justice Kohli-led bench had on August 23 fast-tracked the release of undertrials and first-time offenders, who have completed half or one-third of their maximum sentence. It directed the jail superintendents across the country to process bail applications of all eligible prisoners under the newly enacted Bharatiya Nagarik Suraksha Sanhita (BNSS) within two months.
She was one of the judges in majority when the Supreme Court by 3-2 refused to accord legal sanction to same-sex marriage and declined to grant constitutional protection to civil unions and adoption rights for queer couples.
In the October 2023 judgment, CJI Chandrachud and justice Sanjay Kishan Kaul ruled in favour of recognising civil unions and adoption rights, while justices S Ravindra Bhat, Kohli and Narasimha held that the right to a civil union could not be assigned the status of a constitutionally protected right when the right to marry had not been given the same status.
