Anushri Joshi
Justice Indu Malhotra, a distinguished legal figure and former judge of the Supreme Court of India, is celebrated for her trailblazing contributions to Indian jurisprudence. Appointed on April 27, 2018, she made history as the first woman lawyer to be elevated directly to the Supreme Court from the bar. Her tenure, which concluded with her retirement on March 13, 2021, was marked by landmark judgments and a commitment to advancing the principles of justice and equality.
Early Life and Education
Justice Indu Malhotra was born on March 14, 1956, in Bangalore, the youngest daughter of Om Prakash Malhotra, a distinguished Supreme Court Advocate and author, and Satya Malhotra. She completed her early education at Carmel Convent School in New Delhi before pursuing a Bachelor of Arts (Hons.) and subsequently a Master’s degree in Political Science at Lady Shri Ram College, University of Delhi. Following her postgraduate studies, she served briefly as a lecturer in Political Science at Miranda House and Vivekananda College, both affiliated with Delhi University. In 1982, she earned her Bachelor of Laws from the Campus Law Centre, Faculty of Law, University of Delhi.
Professional Journey
Justice Malhotra began her career in law in 1983, being enrolled as an Advocate with the Bar Council of Delhi. She quickly gained recognition for her expertise in various fields, particularly constitutional law, commercial law, and arbitration. Her prowess in the legal arena led to her designation as Senior Advocate by the Supreme Court of India in 2007, making her the second woman to achieve this distinction.
Her contributions to the legal field are underscored by her involvement in numerous significant cases. Notably, she has advocated for women’s rights, personal liberties, and constitutional protections throughout her career.
Justice Malhotra’s appointment to the Supreme Court was facilitated by then Chief Justice Dipak Misra and she was appointed by President Ram Nath Kovind. As a Judge, she authored several notable judgments that reflect her dedication to constitutional values and justice.
Landmark Judgments
• Navtej Singh Johar & Ors vs. Union of India (2018)[1]
Justice Indu Malhotra was instrumental in the Constitution Bench that decriminalized consensual homosexual acts by reading down Section 377 of the Indian Penal Code. The judgment affirmed that the criminalization of same-sex relationships violated fundamental rights to equality, dignity, and privacy, marking a historic shift toward recognizing the rights of the LGBTQ+ community in India. Her separate opinion powerfully underscored the importance of individual autonomy and the right to choose one’s partner, regardless of gender, reinforcing the judiciary’s commitment to upholding personal freedoms. The judgment affirmed that the criminalization of same-sex relationships violated fundamental rights to equality, dignity, and privacy, marking a historic shift toward recognizing the rights of the LGBTQ+ community in India. Justice Malhotra’s bold pronouncement that “history owes an apology to members of the LGBTQ+ community” was a significant acknowledgment of the past wrongs inflicted on the community, leaving a lasting impact on human rights jurisprudence in India.
• Joseph Shine vs. Union of India (2018)[2]
In this landmark case, Justice Malhotra contributed to striking down the law criminalizing adultery. The Supreme Court held that the provision was unconstitutional as it violated the right to equality and personal liberty, reinforcing the notion that individuals have the agency to make personal choices within their relationships without state interference. Justice Malhotra’s keen insight into the law’s discriminatory nature towards women emphasized the necessity of removing archaic laws that undermined gender equality. Her judgment was particularly noted for rejecting the patriarchal notion that women are the property of their husbands, affirming her commitment to individual rights and personal autonomy
• Indian Young Lawyers Association vs. State of Kerala (2018)[3]
This case addressed the issue of entry restrictions for women of menstruating age into the Sabarimala temple. Justice Malhotra was part of the bench that upheld women’s rights to equality and access to places of worship. In her view, she highlighted the importance of gender equality in religious practices and the need to dismantle discriminatory traditions. Justice Malhotra’s contributions were vital in emphasizing that religious practices must align with constitutional values, advocating for inclusivity and equal treatment of all individuals, regardless of gender. Although she delivered a dissenting opinion, her view was significant in advocating for a nuanced approach that balanced religious freedom with constitutional values. She highlighted the importance of respecting diverse religious practices while ensuring that such practices do not violate constitutional guarantees of gender equality. Her dissent was lauded for emphasizing the right of religious denominations to manage their affairs, thus preserving the pluralistic fabric of Indian society.
Justice Indu Malhotra’s judicial contributions exemplify her unwavering commitment to upholding fundamental rights and promoting equality. Her advocacy for inclusivity and gender equality reflects a dedication to ensuring that justice aligns with constitutional values, fostering a more equitable society for all individuals.
Contributions Beyond the Bench
In addition to her judicial responsibilities, Justice Malhotra served on various committees and contributed to numerous legal and policy reforms. Her participation in legal seminars and conferences has fostered discussions on critical issues within the legal community. She is recognized for her advocacy for women’s rights, both within the legal system and society at large.
Literary Contributions
Justice Indu Malhotra is the author of “ O.P. Malhotra on Law and Practice of Arbitration and Conciliation”, a comprehensive commentary on arbitration law in India, released on April 7, 2014, by the Chief Justice of India.
Legacy and Recognition
Justice Indu Malhotra’s tenure on the Supreme Court has left an indelible mark on Indian jurisprudence, particularly concerning women’s rights, personal liberties, and constitutional protections. Her path-breaking decisions and scholarly contributions have inspired many, especially women in the legal profession, encouraging them to aspire to roles within the judiciary and beyond. Justice Malhotra’s legacy is characterized by her relentless pursuit of justice and equality, reinforcing the notion that the law is a tool for social change and empowerment. Her career serves as a powerful reminder of the vital role that dedicated legal practitioners play in shaping a just society.
[1] (2018) 10 SCC 1
[2](2018) 2 SCC 189
[3]AIRONLINE 2018 SC 243