Diversity on the bench plays crucial role in shaping perspectives: Retired Delhi HC judge | Latest News Delhi

The mindset around women in judiciary and litigation has seen a positive shift over the years, said justice Rekha Palli who retired as the Delhi high court judge earlier this month. In an interview with Shruti Kakkar, justice Palli talks about the challenges faced by women professionals, the role of diversity in benches, the evolving legal landscape in addressing men’s grievances of harassment and discrimination, and how the judiciary maintains public trust in an era of increasing social and political polarisation. Edited excerpts:

You have had a remarkable journey in the legal profession for nearly 35 years, from litigating to serving as a judge of the Delhi high court for almost eight years. How difficult is it for a woman to rise up the ladder?

To be honest, the most difficult part is getting work. Around 20-30 years ago, clients were hesitant to entrust cases to women lawyers. I’ve been in situations where people would come and say, “Sir se kara do” (Let a male lawyer handle it). That was the real challenge. When I started, judges were not particularly apprehensive about female lawyers. Out of 30 or 35 judges, perhaps two or three were a little less receptive, but most were fine. However, the real issue was with male colleagues — they didn’t take us seriously enough. Over time, especially in my last eight years as a judge, I have seen younger women handling important cases, which shows that clients have started trusting them. But its has definitely taken time.

During your tenure as a judge, did you face any discrimination in terms of roster assignments or administrative responsibilities?

That’s a tough one. I don’t know whether I should say this, but initially, yes — it took time for them to trust me. Many of us (women judges) have families to take care of, and when I joined, I already had two grown-up children. I remember a male judge saying, “We leave only at 8.30pm-9pm after work.” So, we too used to stay back till 9pm. But don’t blame my colleagues — it’s just that they hadn’t seen many women doing things independently, without either complaining or boasting about it. I had the best of rosters, so there’s no complaint on that front.

What role does diversity on the bench play in influencing decision-making and shaping the judicial system? Do you think the judiciary has enough mechanisms to ensure inclusivity, especially for women?

Diversity plays an immense role in shaping perspective. As a woman, one can view things from a different perspective, especially in matrimonial disputes and cases under the Protection of Children from Sexual Offences Act. Unless you have a significant number of women judges, the common man’s perception of the judiciary and legal profession won’t change. When people see women on the bench, it has a direct impact on how they treat women lawyers. That said, I don’t believe we need any special mechanism for gender diversity in the judiciary. Women have already established how able they are. The courts are encouraging women, and as long as we continue doing good work, we don’t need additional interventions.

You have spoken about the challenges faced by women. In your view, does the legal system adequately address cases where men allege harassment or discrimination? Are there areas where the law or its application could be improved to ensure fairness for all genders?

Yes. Just because a woman makes an allegation, it doesn’t mean it should be accepted blindly. Right of women cannot be promoted rights by ignoring men’s. That’s not how justice works. I think the judiciary is evolving in this regard. Judges are also being vocal about it. We have seen recent High Court judgments advocating a more balanced approach. Earlier, there was an apprehension that if a woman made an allegation, it had to be accepted. But now, things are changing.

How can the judiciary maintain public trust in an era of increasing social and political polarisation?

It ultimately depends on how judges conduct themselves — where they go, who they meet, and how they behave in public. It’s a huge responsibility. We no longer live in an era where judges can be hermits or saints. That’s not possible, we are humans after all. But we have to be selective about where we go and who we meet. Trust in the judiciary comes from ensuring that no one can point fingers and say, “This judge is pro-A or pro-B.” The Union of India and the Delhi government are major litigants, and you don’t want any party to leave the courtroom feeling that they lost because the judge had a bias.

In your farewell speech, you mentioned the challenges you and Justice Jyoti Singh faced while representing members of the armed forces as lawyers. Do you think the legal profession has become more inclusive for women?

Definitely. When I was a lawyer, the Army was not even inducting women permanently, so why would senior military officers trust female lawyers with their cases? They hadn’t seen women in the system. But that mindset has changed. Today, we see women handling cases in tribunals like the National Company Law Tribunal (NCLT) and the National Company Law Appellate Tribunal (NCLAT). They are being engaged in high-stakes corporate matters. The profession is opening up —slowly, but surely.