Author: Anant Gupta, Dr. BR Ambedkar National Law University Sonepat, Haryana
Linkedin Profile: https://www.linkedin.com/in/anant-gupta-134791326
Abstract
Judiciary is the guardian of the constitution and rights of the public, and judicial officials are the ones who are the essential elements of society who deliver justice and are looked upon with respect. But even though they have a great role in administering justice, their mental health conditions are still not addressed properly. The topic of mental health with respect to Indian Judiciary is utterly underexplored. Judges often suffer from occupational burnout, they experience extreme stress and anxiety due to workload. All this due to many reasons like inadequate infrastructure and much more. Mental wellness of judicial officials is a matter of significant concern which needs immediate attention and institutional reforms. This composition explores the depleting mental wellness of Judges and what are the possible reasons responsible for their distressing condition. This article also evaluates the course of action, using empirical studies, legal analysis and jurisprudence, taken to address this concerning situation, what impact did the reforms have and a way forward to bridge the gap between the law and emotional wellness in Indian Judiciary.
Introduction
The Judicial officials are the embodiment of hardwork and backbone of the system which delivers justice. Judges are the building blocks of the judiciary who play a pivotal role shouldering the immense responsibility of interpreting legal dilemmas, applying laws while upholding the rule of law and providing justice to the society. Judges are often perceived as stoic and composed as they are expected to give impartial and unbiased decisions. But this societal image of judges only acknowledges their occupational psychological side and is ignorant & unaware about their emotional and mental condition, as a person not only as a judge. Judges often use their legal acumen for the essential delivery of justice in cases when the law itself is silent. They take these decisions through experience, legal knowledge and considering the moral and emotional aspects of the case. But imagine if a judge who is mentally stressed, overloaded with anxiety and emotionally not-well, gives a decision, what do you think he will give a rationally sound decision ?
No, as the mental toll and emotional stress negatively affects the sound decision making power, which is impartial and completely free from biasedness. Judges often go through significant mental stress due to large pendency of cases, excessive workload, inadequate infrastructure which adds on the anxiety.[1] Judges are often publicly targeted due to their decisions and also are allegedly called out for politicization. Upper stated reasons have profound impact on the mental and emotional health of judges, following inefficiency in righteous decision making which conclusively affect the judicial system as well as personal life of the judges. The Constitution of India ensures right to life under Article 21, which is expanded to include mental health. But, ironically, there is no institutional safeguard for the ones who protect the constitution. There is no constitutional or institutional provision related to the mental well-being of judges. Unlike other sectors like medical and corporate, the mental health of Judicial officials is still untouched.
Understanding Mental Health & Impact of Burnout
Mental health is a topic which has gained significant limelight over the past few years and which is also very necessary as issues like depression, extreme anxiety and mental agony are on a rapid surge due to various reasons. According to the World Health Organisation, “the state of being stress free by which a person explores his/her potential and ability to get through normal distress of life while working productively to bring positive change in the society.” [2] In simple words it can be understood as the social, emotional and psychological well being of a person. Mental wellness is one of the most important factors which influence the effectiveness of decision making. A mentally well judge who is not under any stress or pressure, will be more productive and efficient in decision making and providing equitable justice. While, on the other hand, a judge who has a lot of pressure and mental toll on himself/herself, it will unquestionably negatively affect the decision making power of the judge. Such mental agony and stress results in Burnout which is generally referred to chronic workplace stress. But it causes emotional exhaustion which makes it difficult for the judge to empathetically engage with the parties. Judges suffer from judicial distress that is “any condition, problem, or situation that impairs a judge’s ability to carry out his/her judicial functions or poses a challenge to the judge’s psychological condition. ”[3]
Studies & Surveys Demonstrating the Condition
Although the condition of mental health of judicial workers is an under-explored topic, there are few researches, surveys and studies conducted which offer compelling evidence of depleting mental wellness in Indian Judiciary:
1. Sangli district study 2014 – This study was done upon 965 judicial staff of Maharashtra and the outcomes were really concerning. Around 68% of lower court judges expressed moderate to severe emotional exhaustion.[4]
2. National Judicial Academy Survey 2023 – This survey demonstrated a very distressing situation where it found that nearly 89% of judges experienced mental distress and another big revelation was that 71% never approached any professional for help showing fear of stigma.[5]
3. NIMHANS JUDICIAL Wellness Report 2022 – In collaboration with Indian Council Of Medical Research, it was found out that over 40% of judges experience secondary traumatic stress due to working under pressure, exposure to prolonged trials including rape and child abuse which cause mental toll.[6]
Empirical researches and comparative critical analysis have shown distinct acute psychological instability within the Judicial system.
Case Law Insights
Indian Jurisprudence does not explicitly address mental health protections for judges, but there are some cases which highlight concerns regarding the institutional well being :
1. All India Judges Association v. Union of India (1992). [7]
➤ The Hon’ble Supreme Court highlighted the need of adequate infrastructure, apt pay scale and balance between work & life for an ideal judiciary. Maybe not directly addressing the mental health aspect of judiciary but it laid down groundwork for occupational wellness.
2. Sheela Barse v. Union of India (1986). [8]
➤ This particular case law advocated for mental well-being in the environment of custody, paving a way forward which might be extended to institutional actors like judges.
Reasons of Burnout
There are various institutional and social factors which become the reason for this mental exhaustion, some of them are discussed below :
1. Pendency of case laws – Judges are overloaded with work as there is deficiency of judges, hence no division of work, also resulting in delayed justice. The latest India Justice Report 2025, reveals that more than 5 crore cases are still pending before the courts as of now. [9]
2. Inadequate infrastructure – Several district courts are lacking even the basic facilities like clean washrooms, regular electricity and water connection. It creates surplus stress.
3. Judicial isolation – Judges are often left secluded, in social isolation, for the sake of impartiality, which causes the emergence of depression.
4. Exposure to trauma – Judges are subjected to prolonged and continuous proceedings involving case of murders, rape, family matters and unfavorable environment due to heated arguments all of this contributes to mental toll.
5. Public criticism – Social media threats affect a judge’s personal life. For instance Hon’ble Justice DY Chandrachud faced serious online threats following the Sabrimala Temple verdict. This shows that high profile judgements attract severe online abuse and real world threats. [10]
Way forward
There is a dire need to address the problems as it deeply affects the timely & efficacious administration of justice. Substantial developments should be done such as :
➜Increasing the number of judges will effectively solve the problem of pendency of cases and division of overloaded work.
➜Establishment of Judicial Wellness Programs: Each High Court and the Supreme Court should have a dedicated wellness cell with trained psychiatrists and counselors.
➜A well measured policy should be devised on occupational health for the judiciary.
➜Compulsory Sensitisation Workshops: Annually organizing annual workshops on stress management and self-care can help significantly in coping up with anxiety and mental agony.
There are some noteworthy steps taken for the upliftment of mental health conditions in Judiciary like – Bombay High Court in 2019 inaugurated a counselling center inside the court’s premises. It was called Project “Sukoon” , a collaboration between the School of Human Ecology, Tata Institute of Social Sciences (TISS) and the Mariwala Health Initiative (MHI). Its primary objective is to support the functioning of courts by taking care of the acute psychological distress with no-cost counselling services. [11]
Conclusion
The Judiciary is one of the foundational pillars of the democracy of India, which is responsible for upholding the constitution, safeguarding the fundamental rights and guaranteeing justice. But it is saddening that the persistent culture of denial, ignorance and perception of stoicism regarding the mental health of judicial officials has resulted in the excessive consumption of mental and emotional energy. The failure of the system to address emotional exhaustion, mental stress and judicial burnout compromises personal mental well being plus it negatively affects the efficiency of administering justice. It is vital that issues related to mental health in Judiciary be formalized and handled through systemic engagement. The general public should also be made aware about the emotional and psychological struggles faced by the judicial officials. This awareness would bring an empathetic approach towards the problem. Hence, in conclusion, it is the utmost responsibility to acknowledge and redress the mental health conditions within the Indian Judicial system for its sustained efficiency, institutional integrity and delivery of equitable justice.
REFERENCES :
1. Chaaru Gupta, The Judiciary and Mental Health, The Journal of Indian Law and Society, https://jilsblognujs.wordpress.com/2021/02/12/the-judiciary-and-mental-health/
2. World Health Organisation, Mental health: strengthening our response, March 30,2018 https://www.who.int/news-room/fact-sheets/detail/mental-health-strengthening-our-response
3. Isaiah M. Zimmerman, Helping Judges in Distress, 90 Judicature 10 (2006).
4. Sangli district study 2014 – https://www.researchgate.net/publication/270659743_A_study_of_certain_correlates_of_job_satisfaction_among_judicial_personnel_in_a_district_of_Western_Maharashtra
5. National Judicial Academy Survey 2023 – https://nja.gov.in/Concluded_Programmes/2023-24/P-1408%20TOC.pdf
6. NIMHANS JUDICIAL Wellness Report 2022- https://iacajournal.org/articles/10.36745/ijca.569
7. All India Judges Association v. Union of India (1992) 1 SCC 119.
8. Sheela Barse v. Union of India (1986) 3 SCC 632.
9. India Justice Report, 2025 – https://indiajusticereport.org/
10. The Economic Times, A yr after Sabarimala verdict, Justice DY Chandrachud reveals he received vile threats, was advised not to see social media, 2019 , https://economictimes.indiatimes.com/magazines/panache/a-yr-after-sabarimala-verdict-justice-d-y-chandrachud-reveals-he-received-vile-threats-was-advised-not-to-see-social-media/articleshow/71374292.cms?from=mdr
11. The Quint, How the Bombay High Court is Prioritising Mental Health, May 21, 2019: https://fit.thequint.com/health-news/bombay-high-court-counselling-center#read-more
FAQS
1. What is the legal stance of burnout in India?
➮ No, burnout is not explicitly recognised under Indian law. However, under evolving notions of occupational stress, it can be framed within wider legal rights concerning workplace safety and mental health.
2. What are the current provisions related to mental health conditions of Judges in India ?
➮ As of now, there are no formal mental health policies or institutional mechanisms specifically for judicial officers. There is a dire need of a standardised wellness programme.
3. Has the hon’ble Supreme Court recognized this alarming situation?
➮ Indirectly yes, However, in cases like All India Judges Association v. UOI, the Court has acknowledged the importance of improving work conditions.
4. What can be the role of the Bar Council or legal fraternity ?
➮ Bar Councils can advocate for reforms and provide support systems. Lawyers, as regular stakeholders in the system, can also be trained to recognise signs of judicial distress and reduce unnecessary procedural burdens.
5. What contribution can a law student make for this ?
➮ Law students can contribute by writing research articles, engaging in field studies, joining internships with a policy focus, and participating in discussions that challenge traditional norms of judicial stoicism.
