SANDEEP SINGH
The “Women of the Indian Judiciary” series celebrates the remarkable achievements of former women Supreme Court and High Court judges. In this series, we explore the significant judgments rendered by these women judges, highlighting the importance of gender perspectives and equal representation in the judiciary for holistic justice.
A Historic Milestone
On August 5, 1991, Justice Leila Seth etched her name in the annals of Indian judicial history as she became the first woman judge of the Delhi High Court. Born in October 1930 in Lucknow, her journey to this historic position was paved with extraordinary achievements and unwavering dedication to the principles of justice and equality.
A Scholar’s Journey
Justice Seth’s remarkable journey began when she achieved the top position in the London Bar exam of 1958, becoming the first woman to attain this distinction. Her intellectual prowess and determination were evident from the start. In 1959, she embarked on her legal career as an advocate and swiftly gained prominence in the Patna High Court. Her practice spanned an array of cases, including intricate tax matters, civil disputes, corporate affairs, criminal trials, matrimonial issues, and public interest cases.
Rising to Prominence
Justice Seth’s exceptional legal skills led her to the hallowed halls of the Supreme Court, where she tackled complex matters ranging from tax disputes to constitutional issues and civil and criminal appeals. Her contributions did not go unnoticed; in June 1974, she was selected as part of the panel of lawyers representing the West Bengal government in the Supreme Court. Her status as a Senior Advocate, conferred by the Supreme Court on January 10, 1977, formalized her esteemed position in the legal fraternity.
Breaking More Barriers
After her tenure as a judge of the Delhi High Court, Justice Seth achieved yet another historic milestone. In 1992, she assumed the role of the first woman Chief Justice of a High Court when she took office at the Himachal Pradesh High Court.
Beyond the Bench
Post-retirement, Justice Seth continued to make significant contributions to the Indian legal landscape. In 1995, she was appointed as a one-member commission to investigate the custodial death of Rajan Pillai, demonstrating her commitment to upholding justice beyond the courtroom. Moreover, she served as a member of the 15th Law Commission of India from 1997 to 2000, where she played a pivotal role in driving crucial legislative changes.
A Tireless Advocate for Equality
Justice Leila Seth was a passionate advocate for gender equality. Her efforts led to amendments in the Hindu Succession Act, ensuring equal inheritance rights for daughters in joint family property. In her judgment of Shakuntala Kumari v. Om Parkash Ghai, she underscored that a wife’s threat to commit suicide could be considered a form of cruelty towards her husband. This principle was reaffirmed in the landmark case of NG Dastane v. S Dastane, where it was established that a wife’s threat to end her own life constitutes cruelty towards her husband.
Instrumental in Legal Reforms
Justice Leila Seth played a pivotal role in the Justice JS Verma Committee, established by the UPA government following the 2012 Delhi rape case. The Committee proposed amendments to strengthen criminal law, expedite trials, and enhance penalties for severe sexual assaults against women. It notably recommended life imprisonment for severe cases, eschewing chemical castration and the death penalty due to societal complexities. The Committee submitted its recommendations on January 23, 2013.
An Author and Critic
Justice Seth’s commitment to justice extended to her writings. Her autobiography, “On Balance” (2003), offered insights into her legal journey and how she adeptly balanced her career and family life. “We, The Children of India” (2010) exemplified her dedication to education. In her book “Talking of Justice,” published in 2014, she delved into various significant matters she was involved in throughout her extensive fifty-year legal career. These included topics such as violence against women, fostering the well-being of young girls, advocating for a consistent civil code, upholding women’s rights, ensuring prisoners’ rights, promoting gender awareness within the judiciary, and enhancing the management of the judicial system.
A Critical Voice
Justice Seth fearlessly raised her voice against certain judicial decisions, notably criticizing the Supreme Court’s verdict in the Naz Foundation case. She argued that the judgment’s failure to comprehend the deep societal stigma related to criminalizing certain activities indicated a lack of compassion for the suffering of individuals and families.
LAW STUDENT BANARAS HINDU UNIVERSITY
