Farewell to Justice VG Arun Highlights Judicial Gender Gap - 2026-01-24

Farewell to Justice VG Arun Highlights Judicial Gender Gap

In a poignant farewell address at the Kerala High Court on January 23, Justice V.G. Arun bid adieu to a distinguished judicial career, retiring upon attaining the age of superannuation. As the Full Court Reference unfolded under the presidency of Justice A.K. Jayasankaran Nambiar, the second senior-most judge, Arun voiced a pressing concern that resonates deeply within the legal fraternity: the stark underrepresentation of women on the bench despite the abundance of talented female advocates. "I would say, I am a bit perturbed by the fact that even though we have excellent lady lawyers, their representation in the bench is miniscule and I hope this will change in the near future," he remarked, underscoring a systemic gender gap that continues to challenge India's judiciary. This ceremony not only celebrated Arun's 34-year legal journey but also reignited discussions on diversity, judicial ethos, and the constitutional imperatives of equality and fraternity, principles that defined his tenure.

Justice Arun's words, delivered with characteristic poise, highlighted the Kerala High Court's erudite bar—described by him as "on par with or even superior to that of other high courts"—while expressing optimism about the future through his interactions with young judicial officers in districts like Wayanad, Thalassery, and Alleppey. His retirement marks the end of an era for a judge whose rulings advanced human rights and dignity, yet it serves as a clarion call for reforms to elevate more women to judicial roles, potentially influencing appointment processes across Indian courts.

Farewell Ceremony at Kerala High Court

The Full Court Reference, a solemn tradition in Indian high courts, brought together judges, advocates, and court staff to honor Justice Arun's contributions. Presided over by Justice Nambiar, the event featured addresses from Advocate General K. Gopalakrishna Kurup and Peeyus A. Kottam, President of the Kerala High Court Advocates' Association (KHCAA). Arun, elevated as an additional judge on November 5, 2018, and confirmed as a permanent judge on September 14, 2020, demitted office after a career spanning practice and the bench.

The atmosphere was one of reflective camaraderie, with tributes emphasizing Arun's intellectual rigor and humane approach. As applause echoed through the courtroom at the event's close, it symbolized not just personal farewell but a collective commitment to the judiciary's evolving role in upholding democratic values. This ceremony, held in Kochi, underscored the Kerala High Court's reputation as a "cut above the rest," a sentiment Arun himself echoed, crediting the institution's scholarly bar and dedicated staff.

Justice Arun's Reflections on Gender Representation

At the heart of Arun's farewell speech was a candid critique of gender dynamics in the judiciary. His perturbation over the "miniscule" presence of women judges, despite their excellence at the bar, strikes at a persistent issue in Indian legal institutions. National data from the Supreme Court reveals that women comprise only about 13% of High Court judges as of recent years, a figure that lags behind global benchmarks and even India's lower judiciary, where female representation hovers around 28%. Arun's hope for change is timely, aligning with ongoing Supreme Court initiatives, such as the 2023 push for transparency in collegium recommendations to address diversity deficits.

This remark extends beyond Kerala, inviting legal professionals nationwide to confront barriers like work-life balance, institutional biases, and limited mentorship for women advocates. Arun's interactions as portfolio judge in southern districts instilled "immense hope" in him, pointing to a vibrant pool of young female judicial officers ready to ascend. For legal practitioners, this is a reminder that true judicial equity demands proactive measures, from targeted elevations to support systems that retain women in litigation and judging roles.

A Storied Career and Family Legacy

Justice Arun's path to the bench was paved with academic excellence and familial ties to law and public life. Born in 1964 to the late T.K.G. Nair, a renowned writer, journalist, and public intellectual, and Smt. Sulochana V. Nair, he grew up in an environment steeped in intellectual discourse. His mother was the sister of Justice V. Sivaraman Nair, a former Kerala High Court judge, embedding the family in legal traditions. Cousins include Justice Anu Sivaraman of the Karnataka High Court, Senior Advocate V. Rajendran, and the late Advocate Anil Sivaraman, whom Arun eulogized as a "close confidant."

Arun earned a degree in Economics from Baselius College, Kottayam, before pursuing law at the Kerala Law Academy, Thiruvananthapuram. Enrolled as an advocate on January 8, 1989, he commenced practice in civil and criminal courts at Kozhikode under Advocate V. Sreekumar Menon. By December 1990, he shifted to the Kerala High Court, honing skills under Senior Advocate T.R. Raman Pillai. His scholarly bent shone through as Editor of the Kerala Series of Indian Law Reports from 2005 until his elevation, alongside close involvement with the Kerala Law Journal.

This background not only shaped Arun's doctrinal precision but also his empathetic jurisprudence, blending economic insight with legal acumen to address socio-economic rights in rulings.

Tributes from the Bench and Bar

The reference brimmed with heartfelt encomiums. Justice Nambiar, a "dear friend and brother judge," lauded Arun's "intellectual rigour, elegant judgment writing, and administrative contributions," including his stewardship of the Kerala Judicial Academy. Invoking Alexander Pope, Nambiar noted, “true ease in writing comes from art, not chance,” praising how Arun's judgments balanced "doctrinal precision and practical wisdom," inspiring public confidence in the rule of law. He fondly recalled Arun's restrained wit, now "free to re-emerge" in retirement, lifting the "gentle self-imposed shackle" of judicial decorum.

Advocate General Kurup, drawing from Socrates, affirmed Arun embodied the "four essential qualities of a fine judge: to hear courteously, answer wisely, consider soberly and decide impartially." As a lawyer, Arun was "measured in submissions, unfailingly courteous," maintaining poise amid interruptions. On the bench, he upheld "judicial independence and impartiality," prioritizing duties and treating all litigants equally. Kurup highlighted Arun's commitment to constitutional values.

Kottam of the KHCAA portrayed Arun as a "bar-friendly judge," whose courtroom fostered "discipline without severity." His "calm composure" and "reassuring smile" created a "space of confidence and comfort," empowering junior advocates to argue "fearlessly" without anxiety. Arun's gratitude extended to family, colleagues, bar members, staff, and registry, acknowledging their role in his achievements.

Landmark Judgments Upholding Constitutional Rights

Arun's legacy is etched in judgments that fortified individual liberties under Article 21. He affirmed the right to non-religious recognition in official records, enabling personal autonomy in identity. Rulings permitting changes in religious affiliation on school documents protected evolving beliefs, while safeguarding prisoners' freedom of expression countered institutional overreach.

In curbing intrusive police practices, Arun restrained night-time surveillance, balancing security with privacy rights. His decisions on women's reproductive autonomy positioned it as an "inseparable facet of Article 21," advancing gender justice. Addressing accused rights in medical negligence cases, he ensured fair trials. Landmark interventions included mandating compensation for prohibitive costs of breast cancer drugs and fatalities from vaccines, emphasizing the right to health.

For older couples, Arun upheld access to assisted reproductive technology (ART) laws, recognizing parenthood rights without age discrimination. These rulings exemplify a judiciary attuned to human dignity, influencing precedents on socio-economic rights and potentially guiding future Article 21 expansions.

Guiding Principles: Liberty, Equality, and Fraternity

Arun's philosophy crystallized in his invocation of Dr. B.R. Ambedkar's "Union of Trinity." “As a judge, my guiding light has always been the principles of liberty, equality and fraternity, the core of our great democracy," he stated. "Traversing one would defeat the purpose of democracy." This triad informed his equitable justice delivery, ensuring no principle overshadowed another. Stepping down, he expressed confidence in the bench and bar to "continue the unstinting efforts to uphold these principles."

For legal professionals, this reaffirms the Preamble's foundational values, urging interpretations that integrate social justice with individual freedoms.

Retirement: A Semicolon, Not a Full Stop

Describing retirement as "a semicolon rather than a full stop," Arun anticipated a post-judicial life of reading judgments leisurely, revisiting books, and exploring beyond courtrooms. This optimistic vista humanizes the judge, reminding the bar that judicial service, while demanding, enriches personal growth.

Legal Implications and Future Outlook

Arun's farewell amplifies calls for judicial diversity, potentially pressuring the collegium to prioritize women candidates amid Supreme Court scrutiny. His rulings on Article 21 set benchmarks for progressive jurisprudence, impacting areas like health rights and privacy—vital in an era of digital surveillance and medical advancements.

Impact on Legal Practice: Arun's bar-friendly demeanor models mentorship, encouraging seniors to nurture juniors, especially women facing glass ceilings. In Kerala, known for its progressive bar, this could accelerate female elevations, fostering inclusive courts.

Broader Justice System Effects: By spotlighting youth talent, Arun bolsters faith in the lower judiciary's pipeline. Nationally, his legacy reinforces the Kerala High Court's excellence, prompting reforms for gender parity and ethical judging. As India navigates constitutional challenges, Arun's tenure exemplifies how principled adjudication sustains democracy.

In conclusion, Justice Arun's retirement is a milestone that celebrates past achievements while challenging the future. His voice on gender representation demands action, ensuring the bench mirrors society's diversity. For legal eagles, it's a testament to enduring commitment to liberty, equality, and fraternity—the bedrock of just law.

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