CAREER PATH: JUSTICE INDU MALHOTRA

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In over 50 years of existence of the Supreme Court of India, Justice Indu Malhotra was only the second female judge to be designated as ‘senior advocate’. In 2018, she was administered the oath of office and appointed as Supreme Court judge after its clearance by the Union Government. She was unanimously recommended by the collegium headed by CJI Dipak Mishra. This made her 7th woman in the history of India to become a female judge in the Supreme Court of India. She will also make the first woman to be elevated as judge directly from the bar.

Born on March 14, 1956, Indu Malhotra is the daughter of Well- known advocate, late Om Prakash Malhotra. She was enrolled as a lawyer in the Bar Council of Delhi in 1983. 

She has had a major role in drafting rules to provide protection to victims of road accidents. She has been a member of the Vishaka Committee for sexual harassment at workplace. She served as Standing Counsel for Haryana and appeared as a counsel for government established bodies like SEBI, DDA, CSIR, ICAR before the Supreme Court. She has been a part of the Ministry of Law and Justice’ High Level Committee for reviewing the Institutionalization of Arbitration Mechanism.

The third edition of The Law and Practice Arbitration and Conciliation, 2014, its author is Justice Indu Malhotra. 

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She has been a part of the bench in various landmark cases like quashing down the Section 377 of IPC. She recognized the suffering and agony the LGBTQ community had to endure over the years. She was also a part of the bench in the case where the validity of Section 497 was reviewed. In the Sabarimala Temple Case, she was the only one who wrote a dissenting opinion out of the total 5 Judges.

While holding an expertise in arbitration law, Justice Malhotra was always involved in matters related to public interest. 

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She was a trailblazer in a profession that suffers from lack of gender representation. She was a member of Supreme Court Gender Sensitization and Internal Complaints Committee, Member of Supreme Court (Middle Income Group) Legal Aid Society, and trustee of Save Life Foundation.

She has been a teacher of political science before becoming a lawyer.

In her three-year tenure of judgeship, she has authored 75 rulings out of 199 judgements in which she was involved. 

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Her landmark cases also include judgements which deal with reservations in promotions for the SC/ST communities. She was also sitting on the bench wherein it was held that criminal charges will not bar any person from contesting elections.

She was in the in-house committee which cleared the then CJI Ranjan Gogoi of sexual harassment charges.

Her litigation career of over three decades was spent mostly at the Supreme Court. In the Advocate- on- record examination, she secured the first rank. This examination is a tough shell to crack by most lawyers. 

Gender Sensitization

When in 2012, Ms. Malhotra submitted a plea for setting up committees in the courts against incidents of sexual harassment of female advocates in court complexes and its examination, the Supreme court formed a sexual harassment committee consisting 10 members, Ms. Malhotra was appointed as one of the members.

As her judgeship tenure comes to an end, Justice Indira Banerjee will be the only female judge among 28 male judges. 

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By: Debarati Pal

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