‘Marriage Is The Best Institution To Answer Sexual Needs’: Justice Mridula Bhatkar

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Former Bombay High Court Judge Justice Mridula Bhatkar believes that law is actually simple — it is common sense. In the debut episode of Lead Inc., an ABP Live podcast series in collaboration with Elephant Connect, Justice Bhatkar shares insights from her judicial journey with leadership coach Manjiri Gokhale Joshi. Justice Bhatkar talks on issues ranging from gender justice and POCSO rulings to the idea that both law and leadership are ultimately rooted in integrity, empathy and common sense.

Excerpts from the podcast:

Q: What does leadership mean to you?

Justice Bhatkar: A leader must have vision and the courage to implement it. Beyond that, a leader should prioritise public good over personal gain and have a genuine desire to sacrifice for others. Leadership is essentially about other people

Q: What do you feel is your biggest contribution that will inspire others?

Justice Bhatkar: My mentor for leadership is Lokmanya Bal Gangadhar Tilak, who was said to walk only four feet ahead of the people, not 100 feet. A leader must have the capacity to take people with them and ensure there is no unbridgeable gap. Success is when people feel equal and near to your heart.

Q: Regarding the POCSO Act and the “Romeo Juliet clause,” what was your perspective and judgment?

Justice Bhatkar: The POCSO Act is meant to protect children under 18 from sexual abuse, but often young people (like an 18-year-old boy and 14-year-old girl) experiment due to curiosity or social media. In such cases involving love affairs, the boy often ends up in jail while the girl does not. I gave a judgment that provided directions to facilitate bail for these boys, especially when the age gap is small—similar to the “Romeo and Juliet clause” in France.

Q: How is a judge’s leadership different from other types?

Justice Bhatkar: A judge is generally a loner who has to travel alone and requires solitude to think and decide. There is leadership in the work itself—deciding cases and creating precedents—but there is also leadership in taking people together and identifying leadership qualities in them.

Q: In today’s “situationships,” what constitutes legal consent?

Justice Bhatkar: Consent must be free consent given with knowledge and awareness. Crucially, “not saying yes” is also not giving consent. If a person does not say yes, or says no, and an act is imposed, that is rape; being drunk is not a valid defence. However, if two adults readily consent to intercourse, it is not rape simply because the relationship later ends. I believe many young people are caught in a dilemma between Indian culture and Western ideas.

Q: What are your thoughts on live-in relationships versus marriage?

Justice Bhatkar: While bodies have natural needs that shouldn’t be refused, I feel marriage is the best institution to answer sexual requirements. It is the “cream of civilisation,” whereas live-in relationships can have many complications.

Q: What was your landmark work regarding pregnancy and a woman’s rights?

Justice Bhatkar: My sister judge and I authored a judgment involving an under-trial prisoner. We stated that a woman has an absolute right over her body and she alone should decide whether she wants to remain pregnant. It is not just a physical issue but a mental one, and India, fortunately, has progressive laws regarding the medical termination of pregnancy.

Q: How did you advance inclusion for the transgender community?

Justice Bhatkar: Following the Supreme Court’s NALSA judgment, while I was chairperson of the Maharashtra Administrative Tribunal, we directed the MPSC to provide a third gender option on recruitment forms for police constables and sub-inspectors.

Q: As an administrator, how did you handle requests for religious ceremonies in a secular office?

Justice Bhatkar: When staff requested a Satyanarayan puja, I reminded them that as a judicial and government office, we are bound by the secularism of the Constitution. Instead, I substituted it with a Sports Day. This allowed staff, including a stenographer who had never run on a track before, to discover their own leadership potential.

Q: What is your message for future lawyers and leaders?

Justice Bhatkar: Law is actually simple; it is common sense and following what we are taught in childhood about what we shouldn’t do. For leadership, believe in yourself first, have self-conviction and never be self-centred — always think of other people.