Women of the Indian Judiciary: Justice Leila Seth

Women of the Indian judiciary is a series that celebrates former women Supreme Court and High Court judges.

In this series, the authors chronicle the important judgments women judges have rendered during their tenures.

Inclusion of women in the judiciary goes beyond token representation, involving integrating gender perspectives and giving equal weight to women's viewpoints for holistic justice.

On August 5, 1991, Justice Leila Seth became the nation's first woman judge of the Delhi High Court. Born in October 1930 in Lucknow, she made history by becoming the first woman to achieve the top position in the London Bar exam of 1958. Her journey began when she became an advocate in 1959. She thrived within the domain of the Patna High Court, handling a diverse range of cases including intricate tax matters, civil disputes, corporate affairs, criminal trials, matrimonial issues and public interest cases.

She extended her practice to the Supreme Court, dealing with complex matters such as tax disputes, constitutional issues and civil and criminal appeals. Her exceptional legal skills garnered recognition, leading to her selection as part of the panel of lawyers representing the West Bengal government in the Supreme Court from June 1974. Her status was formalized when she was made Senior Advocate by the Supreme Court on January 10, 1977.

After serving as a judge of the Delhi High Court, she became the first woman Chief Justice of a High Court when she took the helm at the Himachal Pradesh High Court in 1992.

Post-retirement, Justice Seth was appointed in 1995 as a one-member commission to examine the custodial death of Rajan Pillai. Additionally, she also served as a member of the 15th Law Commission of India from 1997 to 2000. Her influence extended beyond the courtroom, as she played a role in bringing about significant legislative changes.

A strong advocate for equality, she led efforts to amend the Hindu Succession Act, ensuring daughters' equal inheritance rights in joint family property.  Justice Leila Seth in her judgment of Shakuntala Kumari v. Om Parkash Ghai held that the act of a wife threatening to commit suicide could be considered a form of cruelty towards her husband. The same rationale was reiterated by another bench in the landmark case of NG Dastane v. S Dastane, wherein  it was established that when a wife threatens her husband with the intention of ending her own life, it constitutes cruelty towards the husband.

Justice Leila Seth played an instrumental role in the Justice JS Verma Committee, established by the UPA government following the 2012 Delhi rape case. The Committee proposed amendments for strengthening criminal law to expedite trials and enhance penalties for severe sexual assaults against women.

The Committee dismissed chemical castration and the death penalty as solutions to rape due to societal complexities. Instead, it swiftly suggested life imprisonment for severe cases, submitting its recommendations on January 23, 2013.

Justice Seth's autobiography titled On Balance (2003) depicted her journey in the legal profession and how she balanced career and family. We, The Children of India (2010) illustrated her dedication to education. In her book Talking of Justice, published in 2014, she delved into various significant matters that 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, among other subjects.

She criticised the Supreme Court's verdict in the Naz Foundation case, which overturned the landmark judgment of the Delhi High Court amending section 377 of the Indian Penal Code. She highlighted that the judgment's failure to understand the deep societal stigma related to this criminalization indicated a lack of compassion for the suffering of individuals and families.

Justice Seth left a legacy through her pivotal advocacy for equal succession rights for Hindu daughters. Working with the Law Commission, she championed amendments to the Hindu Succession Act, securing fair rights for daughters in ancestral property. Her passionate pursuit of women's inheritance rights highlighted her resolute dedication, driven by the recognition of women's financial empowerment within a patriarchal society. Her contributions resonated across generations, empowering women and showcasing her impactful influence in legal and humanitarian realms.

Nabeela Siddiqui is an Assistant Professor at VMLS, Chennai.

Amisha P Dash is a Student at CHRIST (Deemed to be University).