Doyen of law, Justice Leila Seth passes away at 86

A doyen of the legal fraternity, Justice (retired) Leila Seth, passed away quietly into the night on Friday. Justice Seth, one of the three members of the Justice Verma Committee that revamped the rape laws following the horrific 2012 Delhi gangrape case, was an inspiration to the junior lawyers who appeared before her.

The former justice was also instrumental in amending the Hindu Succession Act which paved way and gave equal rights to a girl child in a joint family property.

"She died of cardiac seizure last night, at about 10:28 pm. My brother Vikram, sister and our other family members are here," her son Shantum Seth told media personnel.

According to those who fondly remembered her, the 86-year-old was "far ahead of her times." Justice Seth also had many firsts to her name. She was the first woman to have topped the London Bar exam (in 1958), was the first woman judge of the Delhi High Court and she became the first woman chief justice of a state high court (in 1991 in Himachal Pradesh).

For Senior Advocate Gopal Subramanium, the loss was personal. "My association with Leila Seth was personal was because she was my mother's friend. It was later when I got the opportunity to work with her," he said, speaking to dna.

Justice Seth was author and activist Vikram Seth's mother. Like her son, she too had penned several books including an autobiography "On Balance (2003)." The eminent jurist, had also authored, "We, The Children of India (2010)," - a book explaining the constitution to children, and "Talking of Justice: People's Rights in Modern India, (2014)" which spoke of several critical issues that she came across in her long legal career spanning over five decades.

Recalling her younger days at the Delhi High Court, senior advocate Rebecca John said, that Justice Seth greatly encouraged junior lawyers. "As a junior lawyer cutting my teeth at the bar, I remember she was extremely gentle and kind towards us young lawyers. She encouraged us to argue and often guided us if we went wrong," John said.

Though tiny and frail with a soft and gentle voice, Justice Seth commanded a presence, John added. "She was very clear about issues that many still grappled with a decade ago."

John's association increased after the justice retired. "When the Justice Verma Commission was going on, Seth was in her early 80s. However, she was progressive and there was no confusion in her mind. Her opinion on the death penalty, marital rape and homosexuality were clear and articulate," John added.

"What is the big deal, what is everybody agitating about? Of course woman has a right to say no," John recalls Seth exclaiming on the issue of marital rape.

When emotions were high, Justice Seth had the ability to take a step back and analyse the situation on its merits.

Last year, on the occassion of Women's Day, dna had taken the opportunity to speak to Justice Seth and record her opinions. Justice Seth had then spoken about the progression of her career and her role in the highly patriarchal system. Justice Seth had told this reporter, "I had to play the game very carefully to make sure I did not upset my male colleagues," she said. "Being a woman and a mother helped me since once has to learn and make for allowances," Justice Seth had added.

Apart from being his mother's friend, Subramanium fondly recalls Justice Seth as one of his partners on the Justice Verma Committee. "I have now lost two members [Justices Verma and now Seth] from the committee and the loss is very personal to me," he said. Recalling his time on the commission, he said, Justice Seth was "very diligent and meticulous in her work." He said, she was "very cautious about legal principles and applied them equally."

"I remember in particular that when we were writing certain chapters in the Verma Committee report, she would always allow an unbiased view to be taken even though her views on certain subjects were otherwise and wellknown. She was extremely happy about marital rape being taken up in particular and and all of us had decided to make it an important issue" he said.

Gracious and gentle, the tiny lady with a firm voice initially she grappled with her son (Vikram) coming out but it was brave of her to talk about it publicly 10 yrs ago when it was still not OK," John said.

Justice Seth fought a relentless battle to decriminalize 377 and was committed to the struggle.