CJI BR Gavai Lauds Supreme Court Of Nepal's Landmark Judgments, Says Judiciaries Of Different Countries Must Learn From Each Other
Anmol Kaur Bawa
6 Sept 2025 4:27 PM IST
Chief Justice of India BR Gavai meets Chief Justice of Nepal Prakash Man Singh Raut at the India-Nepal Judicial Dialogue.
The Chief Justice of India, BR Gavai, recently highlighted how jurisprudence transcends borders, drawing attention to landmark judgments of the Supreme Court of Nepal that have advanced justice across diverse branches of law.
Speaking at the Nepal-India Judicial Dialogue 2025, the CJI pointed out that Nepal's judiciary has played a transformative role in upholding the rights of various sections of the society. He expressed :
“I therefore place on record my deep appreciation for the strive taken by the Supreme Court of Nepal in matters relating to gender justice, privacy, environment and indigenous peoples right.”
Emphasising the need to embrace cross-border judicial dialogues, the CJI further said :
“I would like to emphasize that in today's globalized world, judiciaries are increasingly interconnected, making it essential for them to learn from one another's experiences. It is in this context that today's discussion takes on special significance. Such exchange of knowledge and experiences has become a necessary element for the growth and effectiveness of modern judiciaries.”
On Landmark Decisions By the Supreme Court Of Nepal
Referring to the 2005 judgment in Punyabati Pathak v. Ministry of Foreign Affairs, he recalled how Nepal's top court struck down a provision that restricted women under 35 from obtaining passports without a guardian's consent, holding it to be unconstitutional and discriminatory.
In Sapana Pradhan Malla v. Office of the Prime Minister (2007), Nepal's Supreme Court stressed that privacy for vulnerable groups was inseparable from the right to life and dignity, issuing guidelines until legislation was enacted.
CJI also highlighted environmental jurisprudence through Shrestha v. Office of the Prime Minister (2018), where climate change was recognised as impacting the constitutional right to a dignified life, prompting Nepal's Parliament to enact climate laws.
He added how recently, in 2024, the Supreme Court in Lawyers' Association for Human Rights of Nepalese Indigenous Peoples v. Office of Prime Minister directed governments at all levels to align laws and policies with ILO Convention 169 and UNDRIP.
Turning to India, the CJI underlined that judicial innovation has been equally visible on administrative fronts, particularly through the e-Courts Mission Mode Project. From Phase I (2007–15) that computerized district and taluka courts, to Phase II (2015–23) which brought e-filing, digital libraries, and video conferencing, and the ongoing Phase III (2023–27) aimed at complete digitisation, he stressed that technology is reshaping access to justice. The pandemic accelerated this shift, virtual hearings began within 48 hours of lockdown, institutionalizing hybrid courts and allowing remote participation for lawyers nationwide.
The CJI noted that transparency and accountability have been strengthened through initiatives like the National Judicial Data Grid (NJDG), which now carries data on over 23 crore cases, and the Virtual Justice Clock, tracking pendency across courts. Efforts such as e-Sewa Kendras, SMS/email case updates, SUVAS translation software, and the e-SCR portal giving free access to 37,000 judgments, have democratized legal knowledge and bridged gaps in accessibility. Acknowledging challenges posed by the digital divide, he emphasized that the judiciary's vision remains that of inclusivity, ensuring that reforms reach even the most marginalized.