From Village to Supreme Court: Illustrious Life of Justice Fatima Beevi
By
Grace Mubashir, New Age Islam
23
November, 2023
Fatima
Beevi also holds the distinction of being the first to hold the highest
judicial position in India. She has also had the distinction of first woman
appointed to the apex court across Asia.
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Prior
to the popularization of the term 'glass ceiling,' there was a trailblazing
moment in the Supreme Court where a female judge shattered the barrier. With a
discreet effectiveness that characterized her entire career, M. Fathima Beevi
made history on October 6, 1989, becoming the inaugural woman to serve as a
judge in the Supreme Court. She occupied this esteemed position until her
retirement on April 29, 1992.
Despite
her numerous accomplishments, she remains a mysterious figure, actively
avoiding the limelight and opting for a serene life in her hometown following
her retirement. In her photographs, she exudes determination, her head
confidently covered with the Pallu of her saree, spectacles perched on the
bridge of her nose, and a matter-of-fact demeanour.
Justice
M. Fathima Beevi embarked on her journey to the Supreme Court from a modest
village in Kerala. Born on April 30, 1927, in Pathanamthitta town within the
former princely state of Travancore in pre-Independence India, she was the
eldest among eight siblings to Annaveetil Meera Sahib and Khadeeja Beevi.
Displaying a keen dedication to her studies from a young age, Fathima's father,
a government servant, advocated for equal educational opportunities for his
sons and daughters.
As an
earnest student, Fathima attended Catholicate High School in Pathanamthitta and
successfully completed her matriculation in 1943. Subsequently, she pursued six
years of studies in Science in Trivandrum (now Thiruvananthapuram), graduating
from there. Opting to live independently in the city for her education was a
bold decision for a young girl at the time, supported wholeheartedly by her
father.
While
Fathima initially aspired to pursue an MSc in Chemistry, her father, foreseeing
her potential impact, steered her towards a different path. He dissuaded her
from the sciences, believing that an MSc might lead her to become a college
teacher or professor in Trivandrum. With ambition for her legal career, he
influenced her to join the Government Law College, Trivandrum. Notably, during
this period, Anna Chandy served as the first woman judicial officer near
Travancore, leaving a profound impression on Fathima's father. Chandy's
achievements possibly inspired him to envision his own daughter making
significant contributions to the judiciary.
A
dedicated and industrious student, Fathima Beevi was among the five female
students in her class. Following this, she completed a year-long internship
under a senior lawyer. In 1950, she achieved the first of many milestones in
her illustrious career. Fathima became the first woman to lead the Bar Council
of India's exams, earning the prestigious Bar Council gold medal for the
1949–50 term.
Her
formal legal career commenced on November 14, 1950, when she was enrolled as an
advocate in the lower judiciary in Kollam, Kerala. As a trailblazer in a
predominantly male legal environment, she faced numerous challenges, with men
dominating the courts and women holding minimal positions of authority. Despite
raised eyebrows and questioning glances, Fathima, clad in a headscarf,
practiced law for nearly eight years in Kollam. Reflecting on that time, she
noted, "Judicial service was more attractive than the practice at that
time. Women were not very much encouraged by the general public; very few
succeeded as lawyers."
In
1958, she assumed the role of a Munsiff in the Kerala Subordinate Judicial
Services, rising to the position of a subordinate judge in 1968. Swiftly
climbing the judicial hierarchy, she became the chief judicial magistrate in
1972 and the district and sessions judge in 1974. In January 1980, she was
appointed as a judicial member of the Income Tax Appellate Tribunal, and by
August 4, 1983, she became a judge in the Kerala High Court—a ground-breaking
achievement as the first Muslim woman appointed to the higher judiciary.
A year
later, she was appointed as a permanent judge of the Kerala High Court,
retiring in April 1989. However, shortly thereafter, in October 1989, she made
history by becoming the first female judge of the Supreme Court of India. While
some speculated that her appointment over senior judges was a political
decision by then-Prime Minister Rajiv Gandhi, particularly in the context of
the controversy surrounding the Muslim Women (Protection of Rights on Divorce)
Act of 1986, it remained a momentous occasion. Her elevation marked a watershed
moment in the history of the Indian judiciary, breaking a nearly
four-decade-long tradition of not appointing women to the Supreme Court. Even
today, gender parity in the judiciary remains elusive.
With
this designation, she achieved the distinction of being the inaugural woman
judge in a Supreme Court in Asia. Furthermore, she secured the title of the
first female Muslim judge of a Supreme Court in both India and Asia. Renowned
for her consistent courtesy and impartiality in the courtroom, she maintained a
reputation for thorough case preparation, ensuring familiarity with the case
history for every hearing.
Reportedly,
she advocated for gender reservations to enhance the representation of women in
higher judiciary roles. In her own words, "However, there should not be
any discrimination between candidates on [a gender basis]. A woman should get
equal treatment and equal consideration."
Following
her retirement from the Supreme Court in 1992, she assumed the role of the
governor of Tamil Nadu on January 25, 1997, following the recommendation of
Dravida Munnetra Kazhagam (DMK) chief M. Karunanidhi. Upon her appointment,
then-President of India, Shankar Dayal Sharma, lauded her "experience of
and insights into the working of the Constitution and the laws" as
valuable assets. Known for her unassuming nature, she refrained from the pomp
and grandeur associated with the governor's office, living a simple and
reclusive life in Raj Bhavan.
During
her tenure as the governor, a significant controversy arose over the
appointment of Jayalalithaa as the chief minister of Tamil Nadu. Despite
Jayalalithaa's conviction on corruption charges, Fathima Beevi, invoking
Article 164 of the Constitution, accepted Jayalalithaa's claim of majority
after the assembly elections. Fathima Beevi defended her decision, stating that
Jayalalithaa was acquitted and had no corruption charges at the time of her
appointment. She consulted Supreme Court judges, including Fali Nariman and
Chief Justice Ahmadi, who supported her decision. However, faced with
conflicting views and controversies, she resigned in July 2001, concluding a
once illustrious career on a somewhat ignominious note.
In a
later interview, she reflected on her decision, stating, "I had legal
opinion also for doing these things; I did not do anything spontaneously or
randomly. I thought about it, I have worked on it, and then only I have taken
the decision. But views differ. I didn’t want to continue there when some
conflict arose, so I just resigned and came back." This marked an
unfortunate end to a distinguished career that had broken barriers, making her
the first female judge and the first Muslim woman at the Supreme Court.
Her
stature towers over the legal profession in India as the inspiration of
resolve. She has left behind a rich compendium of legal reformation and gender
sensitivity. She also represents majestic paths for Muslim women increasingly
trapped within patriarch and anachronism.
…
A
regular columnist for NewAgeIslam.com, Mubashir V.P is a PhD scholar in Islamic
Studies at Jamia Millia Islamia and freelance journalist.
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