Mridula Bhatkar

Mridula Bhatkar (born 28 May 1957) is a former judge of the Bombay High Court, in Maharashtra, India, serving on the court between 2009 and 2019. She adjudicated in several notable cases during her tenure as a judge, including the Jalgaon rape case, the 2006 Mumbai train bombings, and the conviction of Gujarat police officers and doctors in the 2002 gangrape of Bilkis Bano.[1][2][3]

Hon'ble Ms. Justice

Mridula Bhatkar
Judge of the Bombay High Court
In office
10 February 2009 – 27 May 2019
Nominated byK.G. Balakrishnan
Appointed byA.P.J. Abdul Kalam
Personal details
Born (1957-05-28) 28 May 1957
Alma materSavitribai Phule Pune University

Career

Bhatkar enrolled with the Bar Council of Maharashtra and Goa in 1982 and practiced law in Pune, Maharashtra. Between 1990 and 1992, she was a visiting faculty member at ILS Law College in Pune, and also at the Department of Journalism in Savitribai Phule Pune University, where she taught a course on law and the press.[2]

On 21 April 1993, she was appointed as a City Civil and Sessions Judge in Mumbai, and later served as the Principal Judge in Kolhapur, Maharashtra, as well. She was appointed as Registrar-General of the Bombay High Court in 2008, and served in that capacity until she was appointed as an Additional Judge of the Bombay High Court on 10 February 2009.[4] She retired from judicial service on 27 May 2019.[2]

Judgments concerning family law

In 2011, Bhatkar heard a case filed by a member of the Jain religion, arguing that his child, aged 8, had voluntarily taken a religious vow of celibacy and spirituality, after the Child Welfare Committee raised concerns about the child's physical and mental health. During the hearings, Bhatkar had raised questions about the child's rights under the Constitution. The case is yet to be decided.[5][6][7]

In 2012, Bhatkar ruled that children who were adopted by other families did not have any legal claim to inheriting property from their biological parents.[8][9]

Judgments concerning criminal law

Bhatkar has adjudicated in a number of significant cases relating to criminal law in India. in 2010, she refused to allow a petition seeking the constitution of a review committee to examine the authorisation of surveillance and interrogation under the Maharashtra Control of Organised Crime Act, holding that while this would be a "welcome step," it should be done at the initiative of the State Government, and not the courts.[10]

On 12 January 2017, Bhatkar granted bail to three men belonging to a Hindu extremist group, the Hindu Rashtra Sena, who had been convicted of murdering a Muslim man by beating him to death with hockey sticks, in the Pune techie murder case. Bhatkar ruled that the three attackers had been provoked to commit the attack for religious reasons, by leaders of the Hindu Rashtra Sena, and that this justified her order granting them bail. The order was widely criticized, and is being reviewed by the Supreme Court of India.[11][12][13]

In 2018, she rebuked the Maharashtra police for leaking information to the media in relation to ongoing cases filed against persons arrested following the 2018 Bhima Koregaon violence.[14] Bhatkar also allowed the transfer of the persons accused of murdering journalist Gauri Lankesh from Karnataka to Maharashtra, to allow them to be interrogated in relation to the murder of scholars and activists Narendra Dabholkar and Govind Pansare.[15]

Judgments concerning sexual violence

Bhatkar has also made several significant rulings in connection to criminal law and sexual violence. In 2011, Bhatkar ruled that the state could not appeal against a ruling that six men were found not guilty of raping an American student at the Tata Institute of Social Sciences, after she awoke in a state of undress and was forced by them to consume contraceptive pills. Bhatkar and another judge, Naresh Patil, found that this was insufficient evidence of sexual assault and barred the appeal.[16][17] In 2017, Bhatkar, along with another judge, Girish Kulkarni, and several other persons appointed to a panel by the Bombay High Court, recommended increasing the maximum compensation that could be granted under the Manodhairya Yojana scheme, which allows financial recompense to child and adult survivors of sexual assault, and acid attacks.[18]

Bhatkar has also made significant rulings to the law governing consent to sexual acts. In 2015, Bhatkar granted bail to a 20 year old man who was charged with sexually assaulting a minor girl aged 15, holding that the relationship was, in her view, consensual and that this constituted 'mitigating circumstances' to justify bail.[19] She ruled in 2017, that when consent to sexual intercourse was provided under a false promise of a future marriage, it did not constitute rape, but allowed the person accused of this to be tried instead for offences of cheating, criminal intimidation, and assault.[20] In the same year, Bhatkar ruled that provisions of the Indian Penal Code should be interpreted to mean that informed consent does not include consent provided under the influence of intoxicants such as alcohol.[21]

Bhatkar notably adjudicated in a case filed by Bilkis Bano, upholding the life sentence awarded to eleven men who were convicted of committing the offence of gang-rape against Bano and of murdering her family, during the 2002 Gujarat riots. Along with Justice V. K. Tahilramani, she held that the Gujarat police had deliberately failed to record Bano's complaint and were complicit in actively impeding the investigation. Six policemen were among the convicted persons. The Supreme Court upheld their order, and further directed the Gujarat government to pay Bano compensation.[3][22]

In an interview to Indian Express prior to her retirement in 2019, she expressed support for the #MeToo movement in India, noting that the facts of a case concerning sexual assault might be uncovered or disclosed many years after the commission of the offence.[1] She also stated in an interview with The Times of India, that certain laws protecting women were necessary in light of patriarchal institutions and customs in India.[23]

Judgments concerning gender and sexuality

In a significant decision concerning constitutional law, Bhatkar held in 2011 that a Maharashtra government law increasing the number of seats reserved for women in local government bodies from 33% to 50% was constitutional and refused to strike it down.[24]

In 2019, Bhatkar passed one of the first orders dismissing charges against a person accused of homosexuality, after the Indian Supreme Court decriminalised consensual sex between same-sex adults in Navtej Singh Johar v Union of India.[25]

Writing

In 2016, while still a judge, Bhatkar published a book of Marathi poetry, titled Kavita Manatlya, Kavita Courtatlya (Poems from the Heart, poems from the Court).[26]

She has disclosed two forthcoming books that she is writing; a biography of her husband, the actor Ramesh Bhatkar, and a memoir about her experiences as a judge.[1]

Personal life

Bhatkar earned a Bachelors in Arts from Pune University, as well as a post-graduate degree in journalism before earning a law degree from the same institution.[2] Her husband, Ramesh Bhatkar, was a Marathi film, TV, and stage actor, who died in February 2019. They have one son.[27][28]

References
  1. "Govt should consult judges while appointing public prosecutors: Justice Mridula Bhatkar". The Indian Express. 2019-06-06. Retrieved 2020-11-08.
  2. "Hon'ble Former Justices: Mrs. Mridula Bhatkar". Bombay High Court.
  3. "Bilkis Bano gangrape case verdict: Bombay HC convicts 5 Gujarat cops, 2 doctors, upholds life for 11". The Indian Express. 2017-05-05. Retrieved 2020-11-08.
  4. Feb 10, PTI /; 2009; Ist, 20:26. "Six new judges in Bombay HC". The Times of India. Retrieved 2020-11-08.CS1 maint: numeric names: authors list (link)
  5. "'˜Child diksha can't be tried under the Juvenile Justice Act'". Mumbai Mirror. June 5, 2009. Retrieved 2020-11-08.
  6. Sequeira, Rosy (November 30, 2011). "Does diksha conflict with right to childhood, asks HC". The Times of India. Retrieved 2020-11-08.
  7. "Bal Diksha: Final hearing on August 1 - Indian Express". archive.indianexpress.com. Retrieved 2020-11-08.
  8. "HC: adopted child has no right in property of biological parents". Hindustan Times. 2012-12-04. Retrieved 2020-11-08.
  9. Thomas, Shibu (December 3, 2012). "Son given in adoption can't claim biological kin's assets". The Times of India. Retrieved 2020-11-08.
  10. "High court rules out review of tough crime legislation". Hindustan Times. 2010-05-10. Retrieved 2020-11-08.
  11. "Bombay HC's controversial bail order in murder case under SC scanner". Hindustan Times. 2017-02-17. Retrieved 2020-11-08.
  12. "'Provoked in the name of religion': Bombay HC grants bail to 3 murder accused". Hindustan Times. 2017-01-15. Retrieved 2020-11-08.
  13. "Not justice". The Indian Express. 2017-02-15. Retrieved 2020-11-08.
  14. "Matter sub judice: HC questions Maharashtra police's media briefing in activists' arrest case". Hindustan Times. 2018-09-03. Retrieved 2020-11-08.
  15. "Gauri Lankesh murder accused, Amol Kale, associates to be shifted to Arthur Road jail from Bengaluru's Central Prison". Hindustan Times. 2019-01-15. Retrieved 2020-11-08.
  16. "State cannot appeal against verdict: HC". Hindustan Times. 2011-06-30. Retrieved 2020-11-08.
  17. "TISS gangrape case: HC upholds acquittal of 6 accused - Indian Express". archive.indianexpress.com. Retrieved 2020-11-08.
  18. "Hike compensation for rape, acid attack survivors to Rs10 lakh, says Bombay high court panel". Hindustan Times. 2017-11-29. Retrieved 2020-11-08.
  19. "Mumbai HC finds 'mitigating circumstances' in rape case, accused gets bail". The Indian Express. 2015-08-19. Retrieved 2020-11-08.
  20. "Bombay HC: Consensual sex on promise of marriage is not rape". Hindustan Times. 2017-01-05. Retrieved 2020-11-08.
  21. "Drunk woman's consent for sex is not valid, says Bombay high court". Hindustan Times. 2017-02-17. Retrieved 2020-11-08.
  22. "SC orders Gujarat govt to pay ₹50 lakh compensation to Bilkis Bano". The Hindu. 2019-04-23. ISSN 0971-751X. Retrieved 2020-11-08.
  23. "'Our society needs to reach that level of maturity for laws to be made more gender neutral'". Times of India Blog. 2019-07-15. Retrieved 2020-11-08.
  24. "HC upholds 50% women's quota in civic bodies". Hindustan Times. 2011-12-02. Retrieved 2020-11-08.
  25. "Booked for homosexuality in 2009, man discharged by Bombay High Court". Hindustan Times. 2019-01-31. Retrieved 2020-11-08.
  26. Plumber, Mustafa (2016-09-13). "Why is Mridula Bhatkar seeing poetry in the word 'honourable'?". DNA India. Retrieved 2020-11-08.
  27. "Veteran actor Ramesh Bhatkar passes away at 70". The Times of India. Retrieved 2020-11-08.
  28. "Actor Ramesh Bhatkar dies of cancer". The Indian Express. 2019-02-05. Retrieved 2020-11-08.
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