Important Personalities

Who was Justice Leila Seth?

• Justice Leila Seth was the first woman judge of Delhi High Court and first woman chief justice of state High Court, Himachal Pradesh High Court.
• She was the first woman who achieved the top position in London Bar exam in 1958.
• She was also a part of Justice J S Verma Committee which was constituted to investigate the rape laws after the gang rape incident in Delhi (2012).

How was the Career Journey of Justice Leila Seth?

• She was born in October 1930 in Lucknow, United Provinces, British India.
• She completed her schooling from Loreto Convent in Darjeeling.
• After schooling she began work in Kolkata as a stenographer.
• She married Prem Seth at the age of 20 and went to London where her husband worked for a footwear company.
• In London she decided to study law. In 1958 she appeared in the London Bar exam and topped the exam. She was the first woman ever to do so.
• She returned India and started her legal career from Patna High Court. She worked here for 10 years.
• After that she moved to Delhi High Court in 1972.
• Later, she was designated as senior advocate by the Supreme Court of India in 1977.
• In 1978 she was elevated as judge of Delhi High Court. She was the first woman judge of Delhi High Court.
• In 1991 she was appointed as chief justice of Himachal Pradesh High Court. She was the first woman chief justice of state high court.
• She was the member of the 15^th Law Commission of India from 1997 to 2000. She was responsible for amendments that gave equal rights to daughters in joint family property under the Hindu Succession Act.
• She was also the Chairperson of the Commonwealth Human Rights Initiative (CHRI) for several years.
• In 1995 she was appointed to examine the custodial death of Rajan Pillai (Biscuit Baron).
• She criticized the judgment of Supreme Court in the case of Naz Foundation which set aside the judgment of Delhi High Court and recriminalized homosexuality.
• She died in 2017 at the age of 86.

What were the Notable Judgments of Justice Leila Seth?

• Shakuntla Kumari v. Om Prakash Ghai (1980)
  • A single judge bench (Justice Leila Seth) of Delhi High Court held that that threat to commit suicide by the wife amounts to cruelty on the husband. She stated that in my view attempt to commit suicide by taking poison would also amount to cruelty.
  • Justice Leila Seth also held that if the wife is not willing for normal sexual relations, it is cruelty on the husband.
• Northern India Paint Color and Varnish v. Union of India (1982)
  • Justice Leila Seth held that the rule of natural justice certainly requires that such a person be given an opportunity to participate in the process of determination, irrespective of whether it is a quasi-judicial order.
  • The person is also entitled to know the evidence on which the officer reliefs so that he can rebut it.

What was the Notable View of Leila Seth on LGBT Community’s Rights?

• Justice Leila Seth was committed to human rights, and she was strong supporter of LGBT community.
• She believed Section 377 of the Indian Penal Code, 1860 (IPC) should be repealed.
• She openly criticized the judgment of the Supreme Court (SC) in which the Court overruled the judgment of Delhi High Court in Naz Foundation Case.
• She was disappointed with the judgment of SC expressing her views and said “Supreme Court said it was just a few people. They don’t understand that it affected probably 5% of the population.”
• She stated the judgment has treated people with a different sexual orientation as if they are people of a lesser value.
• It was her defence for the rights of LGBT community.
• In her view Section 377 of IPC infringed Articles 14, 15 and 21 of the Constitution of India, 1950.