DEIB India Updates - May '25 Edition

Discover key legal insights and societal inclusion steps in DEI India Updates May 2025 Edition.

1. Advocate OM Shalina has been appointed as the first woman Deputy Solicitor General at the Kerala High Court, marking a significant milestone in the state's legal history. In her new role, she will represent the Central Government in legal matters before the High Court. This appointment reflects the increasing inclusion of women in high-ranking legal positions within India's judiciary.

   
   

2. The Hon'ble Supreme Court of India in an on-going matter has questioned the Union Government's rationale for limiting women's appointments in the Judge Advocate General (JAG) branch of the Indian Army, citing concerns over women being taken as prisoners of war. The Court highlighted inconsistencies in the government's stance in Arshnoor Kaur v. Union of India, noting that while the JAG posts are claimed to be gender-neutral, the selection process still earmarks vacancies separately for men and women. The case arose from a writ petition filed by two female candidates who, despite securing higher ranks in the selection process, were disadvantaged due to the gender-based allocation of vacancies. The Hon'ble Justices highlighted that excluding women from certain roles undermines the principle of gender neutrality and disregards their capabilities. The Hon'ble Court further struck down the submission of the Additional Solicitor General stating selective deployment based on gender and questioned the rationale by stating that selecting candidates with lower merit solely based on gender is not a philosophy the Army ought to adopt.

   
   

3. The Hon'ble Madhya Pradesh High Court, in the case of Minakshi v. General Administration Dept., addressed the improper implementation of reservation rules in the selection process for the post of Rural Agricultural Extension Officer (Class-III). The petitioner, an OBC female candidate, was initially placed on the waiting list but was excluded from the final selection, despite vacancies arising due to non-joining candidates. The Court found that the authorities failed to adhere to Rules 11.2 and 11.3 of the Madhya Pradesh Kanishtha Seva (Sanyukta Aharta) Pariksha Niyam, 2013, which mandate that reserved category candidates selected under the unreserved category should be counted in the unreserved quota. Consequently, the Court directed the respondents to prepare a fresh merit list following the correct procedure and, if the petitioner is found eligible, to appoint her within two months of issuing the new list. Read the Judgment.

   
   

4. The Hon'ble Supreme Court of India in Supreme Court Bar Association v. BD Kaushik and related matters has directed that the Supreme Court Bar Association (SCBA) elections be conducted on May 20, 2025. In a significant move to promote gender inclusivity, the Court mandated that the post of Secretary be reserved for women candidates. This decision is part of broader reforms aimed at ensuring fair representation within the SCBA. The Court also emphasised that it would not entertain any challenges to the report submitted on SCBA election reforms. Read the report here.

   
   

5. The Hon'ble Supreme Court has mandated that the Treasurer position and 30% of Executive Committee posts in the Gujarat High Court and District Bar Associations be reserved for women lawyers in Meena A. Jagtap v. Bar Council of India. This decision aligns with similar measures previously implemented in the Hon'ble Supreme Court Bar Association, Delhi High Court Bar Association, and Advocates’ Association Bengaluru. The bench, comprising Justices Surya Kant and N Kotiswar Singh, emphasised the necessity of equitable representation for women in legal professional bodies. The Court also indicated that the issue of reservations in State Bar Councils and the Bar Council of India would be addressed in future proceedings. Read the Judgment.

   
   

6. In a landmark ruling, the Hon'ble Supreme Court of India has declared that maternity leave is a constitutional guarantee, not just a policy-based privilege. This comes after a Tamil Nadu government school teacher was denied leave because of a state policy that restricts maternity leave beyond two children. The Apex Court overturned the Hon'ble Madras High Court’s earlier decision, stating that such policies cannot override a woman’s fundamental rights. Read the Judgment.