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. ------- 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. ---- URL: https://newageislam.com/islamic-personalities/supreme-court-justice-fatima-beevi/d/131165 New Age Islam, Islam Online, Islamic Website, African Muslim News, Arab World News, South Asia News, Indian Muslim News, World Muslim News, Women in Islam, Islamic Feminism, Arab Women, Women In Arab, Islamophobia in America, Muslim Women in West, Islam Women and Feminism