Yesterday, Adhivakta Parishad of the Supreme Court Unit, organized an International Women's Day celebration, in which the Supreme Court judge Hima Kohli appreciated the male Judges in evolving and expanding the jurisprudence by reading into the Constitution rights that had not been spelt out specifically, particularly in the context of upholding and safeguarding women's rights.

Justice Hima Kohli delivered a speech on  'Embracing Equity in Justice Delivery System'. She talked about the role of women in the judiciary system and mentioned the principle of equity, and observed that most of the decisions she had highlighted had been authored by Benches that were all male.

"This shows that stereotypes should be avoided. “She does include “he” and “her does include “he”. Men have been so forward thinking in evolving and expanding the jurisprudence by reading into the Constitution rights that haven’t been spelt out specifically," Justice Kohli praised.

Talking about equality, she said "very foundation on which the edifice of true equality is built", the Judge said that without equity, equality would only remain a 'pipe dream'.

"To achieve true justice and fairness in our society, each individual must have equal access to opportunities and everyone must be treated with the dignity and respect that they deserve," Justice Kohli said.

Noting that the Indian justice delivery system has long stood as a bastion of equity, equality, and access to justice for all, the judge observed that the system seeks to ensure fairness, impartiality and justice in the distribution of benefits and burdens, at its very core.

At the very outset, Justice Kohli observed that although the term 'equity' does not find a place in the Constitution, it permeates the very essence of a fair justice delivery system. It refers to 'fairness' or 'justice' in the distribution of resources, opportunities and benefits, and in the context of the justice delivery system, it refers to each person being treated fairly, and having an equal access to justice.

Describing Equity as the 'Golden Rule that is imbued in the very soul of the Indian justice delivery system', Justice Kohli emphasized that true equality cannot be achieved without equity.

"This is because equity requires more than just equal treatment; it calls upon us to recognize and address the systemic barriers and discrimination that prevent the oppressed, exploited and marginalized communities from accessing the same opportunities and benefits as others. It recognizes that different individuals and communities have different needs and experiences and that equal treatment may not necessarily result in equal outcomes," she added.

In this regard, she quoted the words of Dr. Naheed Dosani, a Palliative Care Physician, who famously said that, "Equality is giving everyone a shoe. Equity is giving everyone a shoe that fits".