Letter to Readers

Photo: www.theatlantic.com

Dear Readers,
I am writing this open letter to announce to our readers that my year long tenure has finally come to an end.
It has been a privilege to coordinate content for this blog until now. Our blog magazine today has readership, recognition and authenticity. Read by policy makers to Judicial minds, we are happy to retain this class magazine status.

The story of this blog starts with a question by former World Bank Chief Counsel and National Judicial Academy Director Dr. Mohan Gopal. After his class at our college, Dr. Gopal asked 'why don't you people start a blog?'. There begins the journey. Initially named as Indian Legal Watch, it was changed to 'Government Law College Thiruvananthapuram Students Blog on Kerala Legal Affairs' on the directions of Dr. Mohan Gopal himself.

On my resignation from the post after the end of one year, I remember the following persons whose help at different times make us stand as of today. Thanks on behalf of our team

To our Editorial Board Chairman Dr. P.G Balachandran Pillai. He is the one on whose supervision this was set up. I remember words- 'Nebil, if our intention is good, then god will definitely get things in favor of us'. He is the real example of how a Board Chairman should be. He never interfered in the Editorial freedom and we all love him because of that.

Special thanks to Adv. Nisa Fasil for motivating us and pushing us ahead. Thanks a lot for providing us with facilities including your laptop, internet connection and office for this blog.

This blog can never forget the contributions of Dr. Justice V.R Krishna Iyer. Our lead matter was an article by him. His Lordship provided us with dozens of articles, statements and interviews. We are indebted towards you. His Private Secretary Mr. Ramanathan took a lot of pain to dictate, take down notes and get it typed for us. We can never forget you also.

First interview was with former Director General of Police Shri. MGA Ramen. This great man gave us two slots for the interview. One time at Cochin and next at Thiruvananthapuram. I even today have his hand corrected copy of the draft of the interview. Great gentleman.

Prof. Manoj Krishna from our college wrote for us and also did what ever possible to promote this blog. He always helped in the time of crisis, gave us guidelines and asked other students to write for us. He gave us excellent contacts like Adv. Jayesh Pillai, who also helped us in many ways.

Our distinguished reader and the senior Journalist who broke the 2G scam, J Gopikrishnan offered to write a piece on Criminal Lawyers. We were on cloud 9 hearing that. We got a blog post which was most widely read and criticized.

Ashraf Padanna (Foreign Correspondent of Gulf Today and Oman Observer), the first media person to recognize our existence. His news stories in the backdrop of our interviews gave us recognition and appreciation from the readers and interviewees.

John Mary Joseph (Resident Editor of Deccan Chronicle) for recognizing that we exist in this world.

Syam Devaraj (Correspondent, Kairali TV), for scrolling the news that we published. His works gave us authenticity.

Vivina (Correspondent, PRD) for taking pain to verify news relating to the government. Thanks for helping us even at the peak of your work schedule.

VR Rajiven IPS, for his help at multiple times. His interview was a great encouragement to many civil service aspirants. Your support from the prior launch days is deeply remembered.

Jacob Punnoose IPS, for his help and support, not sure that he actually remembers us. His accommodating attitude always helped us to do stories.

Sudheer Mukkam, Journalist at Madhyamam for equipping us with an interview of former National Judicial Academy Chief Dr. G Mohan Gopal. His interview gave us hope during those difficult times before the launch.

Shasthamangalam S Ajith Kumar for that interview which was carried by Gulf Today, Oman Observer, Deccan Chronicle and Kairali TV. First interview in a court corridor.

Dr. Mathew Kuzhalnadan, National Secretary of Indian Youth Congress, for his encouragement and cooperation. I remember well about your query about the blog during your college visit and desire to see the team behind this initiative. His visit had a positive impact on us.

Adv. Kiran Lal, for coming down to meet us and encouraging us. One of the most positive person I have ever meet. A 'Dil Mange More' attitude. His article on SSB was also widely read.

Prasanth Nair IAS for his email interview. Encouraged students from law background and also outside. Promptness in giving the interview is appreciated.

Adv. Moharaj Gopalakrishnan. Spl Prosecutor in Enrica Lexi case, for granting us time for an interview even at night amidst busy schedule and thanks for giving us an opportunity to talk to the Investigation officer in Enrica Lexi case. Thanks a lot Reju Prasad for fixing that interview with Mohan Raj sir.

Garima Tiwari. One of our most respected readers and critique. We had the privilage to interview this young legal wizard. Her knowledge of International Criminal Law always amazed us.

Adv. Simla Prabhakaran for giving us your frank and independent opinion on various issues. Her knowledge of law at this young age always amazed us. Also thanks for taking part in our discussion.

Adv. Jayesh Pillai, Mumbai High Court, for always guiding and motivating us. His expertise in law was at our doorstep a couple of times. Thanks for writing for us and offer to do the new one.

Jino M Kurian, Student at NALSAR for his writings that is always different. He was dare enough to stand against the view propagated by the main stream media and support P.J Kurian. His other writing was also excellent. He gave all the power to the Editor to rewrite his article, of course without changing the basic structure. Luckily we never had to do anything of such a proportion. We love you a lot.

Abdullah Karuthedakam is a great friend and regular reader of our blog. The email lists provided by him was a great help. We were able to win over a large number of audience with your help.

Vimal Koshy is our Special Correspondent and Technical Expert. His Sony Voice Recorders was used in majority of the interviews done by us. His assistance in many interviews and stories was a real help. Happy to edit his independent stories also.

Special thanks to Viswajith Anand and Navaneeth Krishnan for sending questions for the interview even at very short notice.

Thanks to our Cochin Special Correspondent Joseph MD. His readiness to do a work at any time is note worthy. I never remember as heard a 'No' from him.

This blog would have been nothing without our Photo Editor Navya Frederick Pereira. She chose to stay with us in our good and bad days. This blog is what it is today because of your sincere efforts. From statistics reporting to news reporting to Photography, you spend a lot of time and effort.

Remember many who climbed on to this boat in the initial days, but left us alone at rough seas. Our works made us understand that if we are ready to work, then even a free blogging site can function like a law magazine.

Readers are our assets. Thanks for staying with us even when in this digital graphics age we still followed EPW model. Can never forget readers like Ramesh Rateria who criticizes citing para number, that really shows the attention with which he reads. Readers like Anisha Adithya, Adv. Rajesh Ramamoorthy, Adv. Boris Paul, Anil Puliyila, Sarah Georgey needs a special mention. Many other distinguished readers do not wish to be named owing to Professional and other reasons, so no naming individually. Bar, Bench and Academia supported us to the maximum. Thanks a lot. Readers, support and criticize to help us grow.

Best wishes to my dear friend and new Editor- Lesley Rajan. Keep going. Confident that you would convert this blog into a website in the future. One request- Don't put all rubbish posts and claim public interest. One advice- Do not go behind the volume of Audience traffic and ratings.


Enjoy your read.


Warm regards,
Nebil Nizar,
Content Coordinator (2012-13)

Loudspeaker: Is Law the villain in rape cases?

Photo: Press Trust of India

By Nebil Nizar

Unfortunate rape and subsequent death of Delhi gang rape victim led to widespread protests whole over the country and in the digital space. Former Chief Justice of India J.S Verma was roped in along with Leila Seth and Gopal Subramanium, owing to public outcry, to recommend changes in the criminal law in the country. The Criminal Law Amendment Act was drafted, read, circulated, discussed and passed in record time. But one doubt, has anything changed since then?


Before and after Delhi incident Indian women continued to face the harsh realities of domestic violence, torture, rape, trafficking, bride burning etc. Rape gets on to the top of our chart because, as Hon’ble Justice Arijit Pasayat observed ‘While a murderer destroys the physical frame of the victim, a rapist degrades and defiles the soul of a helpless female’. The rape rate is not going down after all the attention and country wide protests. Recent case of abduction and rape of a medical student at Manipal again makes us sit and think- Can Law deter the commissioning of rape? Is Law the villain? What should be really done to stop this menace?


Let us see how our society responds to these critical questions

Joseph M.D, Student, Government Law College Ernakulam, says ‘Taking into consideration the latest spree f gang rapes across India, it is difficult to suggest that inadequacy of law is the only problem.  However I think laws existing today lack severity.’

Saumik Bose, Student, National Institute of Technology- Warangal, thinks ‘Law isn’t. The people who are responsible for implementing it are’

Nada Nashid, Student, Government Medical College- Thrissur, says ‘law is neither the villain nor the saviour, it just stays in between. The problem is with the society. Degraded morale is the basic issue. From my point of view law should ensure safety of women around and that’s a must. We can’t simply blame women for. In the present progressing world, one cannot stay indoors from dusk. A high standard of punishment by law can at the base put some stop to a few misfortunes.

Bilal Siddiqui, Student, University of Buffalo, New York says ‘I feel that our society is unable to keep up with the pace of social change. It’s simply happening too fast. While the upper middle class and the rich who live in major cities are able to adopt western ideas-way of living, dressing; the rest 70% of the 1.2 billion people who live in small cities, towns still nurture social conservatism and believe in the sanctity of inherited culture, traditions, and values. Given the current social climate, a woman should care more’

Adv. Boris Paul, Secretary, Kollam Bar Association, says ‘Law is not the snag. We have to reconcile with the reality that criminals thrive here and there and the Police and rulers are aiding crimes. Unless a fool proof crime stopper mechanism is established, we have to safeguard ourselves. As a part of safety, a girl can avoid late night strolling. That does not mean curtailing any of her right’.

Adv. Simla Prabhakaran from the High Court of Kerala says ‘Lack of law is not the key issue. We look after or discuss problems that are just hypothetical. What we should really converse is about human soul. Human mind must widen and attitude must change.  Then only this world will become a safe place for women.’

Adv. Rajesh Ramamoorthy from the High Court of Kerala also feels that there is nothing wrong with the law. He shared his thoughts thus,’ It (law) has been the same for a century and a quarter. In the past, people know each other enough that forcing oneself on a woman could have disastrous effects on the social and family life of the perpetrator by some mechanism in the society, whereas, today but for the legal consequences, the perpetrators are rarely ostracised in the society and family.’  

Dr. Mathew Kuzhalnadan, Supreme Court Lawyer and Indian Youth Congress National General Secretary say ‘Law alone is not the problem. However, strengthening of the same and fixing the loop holes and speedy trial will definitely improve the situation’

Lt. Sanil Kumar says ‘Our system of education has many flaws and an immediate reform to upgrade the same is inevitable. Education must inculcate values in the young minds. A person with ethics and values seldom insult women’. He thinks of a carrot and stick policy. He adds ‘I also think that we need to introduce a witness protection system in India. A witness should not be threatened. A witness should feel that he is a ‘Hero’. This system ensures that no one escapes the hands of law and thereby deters others’.

Prasanth Nair IAS, MD of KTDC and Addl. Excise Commissioner of Kerala say ‘It (rape) has been happening even before Delhi incident. It is continuing to happen in cities and villages. Murder, assault, rape, burglary etc happen despite laws. No law has stopped any crime completely. Surveillance, enforcement, civil society involvement and sensitisation of men are important.’

Justice V.R Krishna Iyer, Former Supreme Court of India, say, 'Law is not the villain. On the contrary it is a fundamental requirement for social survival. Violence on women and its frequency depends on the penalogical instrumentality and speedy radical operation.'

Rape is the most heinous crime committed on a woman. It is worse than a murder, as the victim dies 1000 times, when she is alive. A carrot and stick policy is the need to tackle this. Blaming the law won’t terminate this problem. At one side we need to develop a society of value rich souls who believes in ethics. Sensitisation of men is inevitable. Other side, we need to have surveillance, enforcement and punishment. A witness protection system is also a good thought.

myidnebil@gmail.com

Brief remembrance about one of the rarest of the rare Judges of excellence

Justice. J.S Verma

By Justice V.R krishna Iyer

Jagdish Sharan Verma was one of the greatest Chief Justices of India.  He was more than a judge and will be remembered for a hundred great things in which he was involved.  He comes from Madhya Pradesh as a distinguished lawyer was elevated as Chief Justice of Madhya Pradesh and also of the Rajasthan High Court.  He was responsible for the judicial promotion of a collegium which in my view was an institution of doubtful value.  I like him most not for his collegium judgments but for making a historic and creative contribution on enunciating principles of judicial good behaviour.  Whenever judicial good behaviour was under question the values formulated by J.S. Verma were the hallmark authoritatively ever lay down.  He stood for judicial accountability and headed many Commissions on divergent aspects of judicial conduct and public life.  Beyond his judicial career Justice J.S. Verma’s reports on other dimensions of enquiry where he was chosen to be Chairman makes this great judge one of the finest members of the Indian judiciary.  I have had occasion to meet him quite often and admired him for his integrity fearless and frank opinions and for above all for formulation of what good judicial behaviour should be.  In my humble view Justice Verma excelled most judges who sat on the Supreme Court in being a model judge ever ready to serve public causes whenever required by the Republic of India.  Great J.S. Verma, I salute you though posthumously for your sublime achievements throughout your marvellous career on the Supreme Court Bench.


(V.R krishna Iyer, eminent jurist, is a former Judge of the Supreme Court of India)

Same Sex Marriages- An unnatural bizarre operation.

Photo: www.guardian.co.uk

By V.R Krishna Iyer               

 Man weds woman in response to the sex urge.  This dual sex operation is inevitable if creation into communities and the formation of societies is nature’s objective.  Man is never single but a collective.  This process is rendered possible by Nature creating sex and the operation of male and female sexes.  They unite through appropriating male and female organs and this is matrimony.  The female womb contains the female egg which is fertilized by the male semen.    This fertilization in the womb gives birth to life—a mystery of Nature and grows into a full human being and gives birth to a living being.  This is the natural method of reproduction by the two sexes and makes this operation for a population, from insects, animals, birds and humans organized and developed into society.  The male sex and its opposite the female are conditions absolutely necessary to successful reproduction.  The same sex cannot produce a new being.  So is the biological mission and chemistry of creation.  Nature has invented the sex appeal a powerful appetite and attraction.  Sans sex there is no craze for union, no womb with egg, no semen, no fertilization, no babe, no birth, no parents, no community and no society.  In the absence of these social processes there cannot be social progress.  If humanity is to rise above animal existence and establish a civilization we require rival sexes, rival communities and finally the realization of the spiritual inner man.  The forces of progress have organized the system of marriage so that orderly development may be possible as against sexual violence.  Since 2000, several countries and some other jurisdictions have legalized the same-sex marriage.  It is unnatural though.  Cohabitation is the order of nature although in early Rome same sex-marriages did exist as a scarce exception.

               

In modern cultures same sex marriages are a rarity and the law frowns on that practice.  Two opposite sexes are the rule and deeply rooted in the psychological instinct of humanity and sub-human species.  The same sex is unnatural and hardly merits civilized debate or discuss.  The dual sex of male and female without which reproduction is not possible is the biological methodology of creation of communities and cultures.  A social study of matrimony as spelt out in the website gives us a picture of civilized society.

People marry for many reasons, including: legal, social, libidinal, emotional, financial, spiritual, and religious. Marriages can be performed in a secular civil ceremony or in a religious setting. The act of marriage usually creates normative or legal obligations between the individuals involved. Some cultures allow the dissolution of marriage through divorce or annulment. Polygamous marriages may also occur in spite of national laws.

Marriage can be recognized by a state, an organization, a religious authority, a tribal group, a local community or peers. It is often viewed as a contract. Civil marriage is the legal concept of marriage as a governmental institution irrespective of religious affiliation, in accordance with marriage laws of the jurisdiction.

(V.R Krishna Iyer, eminent jurist, is a former Judge of the Supreme Court of India)

Law or India?

By Justice V.R Krishna Iyer

India was the greatest colony of the British Empire.  Indian culture was one of the most glorious ever as pointed out by Max Muller.  But this glory notwithstanding India suffered slavery under the British Empire.  A.O. Hume a Britisher was humiliated by this servitude of India and he was among the foremost who instigated India’s right for its freedom.  There were other great Indians like Bala Gangadhar Tilak who joined him.  The Indian freedom movement gained mass support even in England. Indian freedom became a powerful movement.  Annie Besant a great orator was a leader of the Satyagraha movement in India.  So powerful was this great movement that the House of Commons granted Indian independence by legislation.  On the 15^th of August 1947 India declared its freedom in a historic speech by Jawaharlal Nehru who was the President of the National Congress.  That speech not very long was a rare performance which I reproduce here:

Long years ago, we made a tryst with destiny, and now the time comes when we shall redeem our pledge, not wholly or in full measure, but very substantially. At the stroke of the midnight hour, when the world sleeps, India will awake to life and freedom. A moment comes, which comes but rarely in history, when we step out from the old to the new, when an age ends, and when the soul of a nation, long suppressed, finds utterance. It is fitting that at this solemn moment we take the pledge of dedication to the service of India and her people and to the still larger cause of humanity.

At the dawn of history India started on her unending quest, and trackless centuries are filled with her striving and the grandeur of her successes, and her failures. Through good and ill fortune alike she has never lost sight of that quest or forgotten the ideals which gave her strength. We end today a period of ill fortune and India discovers herself again. The achievement we celebrate today is but a step, an opening of opportunity, to the greater triumphs and achievements that await us. Are we brave enough and wise enough to grasp this opportunity and accept the challenge of the future?

Freedom and power bring responsibility. The responsibility rests upon this Assembly, a sovereign body representing the sovereign people of India. Before the birth of freedom, we have endured all the pains of labour and our hearts are heavy with the memory of this sorrow. Some of those pains continue even now. Nevertheless, the past is over and it is the future that beckons to us now. That future is not one of ease or resting but of incessant striving so that we might fulfill the pledges we have so often taken and the One we shall take today. The service of lndia means the service of the millions who suffer. It means the ending of poverty and ignorance and disease and inequality of opportunity. The ambition of the greatest man of our generation has been to wipe every tear from every eye. That may be beyond us but as long as there are tears and suffering, so long our work will not be over.

And so we have to labour and to work and work hard to give reality to our dreams. Those dreams are for India, but they are also for the world, for all the nations and peoples are too closely knit together today for anyone of them to imagine that it can live apart. Peace has been said to be indivisible; so is freedom, so is prosperity now, and so also is disaster in this one world that can no longer be split into isolated fragments. To the people of India, whose representatives we are, we appeal to join us' with faith and confidence in this great adventure. This is no time for petty and destructive criticism, no time for ill-will or blaming others. We have to build the noble mansion of free India where all her children may dwell.

Till then India was a creature of British law and Indian freedom was a part of British jurisprudence.  Indian law was governed by British power who ruled our country through a Viceroy.  Law India had to be eliminated. But from the 15^th of August 1947 when the declaration of Indian independence was made, India was a pre-Republic whose fate was decided by a Constituent Assembly.  This Assembly made India a Socialist, Democratic Republic.  Its entire governance was controlled by an original constitution framed by its own Constituent Assembly.  Its Constitution was the longest and noblest and gave to the people of India a Preamble one of the best in the world.  This Preamble was a proud paramount deed.  This Constitution made Bharat one of the most powerful nations of the Common Wealth.  It had a powerful defense as was demonstrated in World War-I and later in the greatest war the world has seen in the World War-II.

The great issue before the nation was independence or Indian nationality.  In short, the people of India who gave to themselves a Constitution of its own wanted the rule of law govern a great democracy.  Not merely law they also wanted independence.  In short, We, the People of India decided to have the rule of law rather the Socialist Democratic Republic of India and no longer any trace of imperialism but swaraj as contemplated by the resolution passed by the National Congress during its struggle for freedom.

There were feudal cultures in India with over 600 princes governing various territories of their own. While so foreigners came into India.  The Portuguese Vasco De Gama came to Calicut and established the first piece of foreign territory and with this began foreign rule in India.  Gradually other foreign western countries landed in India and made us subordinate to western forces.  Eventually the British dominated India and made this great country its colony.  As started earlier the world faced two world wars and at the end of which a new world emerged.  The UNO came into existence with human rights as a great factor in civilization. The American forces which were after the British waged a civil war which begin with Boston Tea Party and ended with the American Declaration of Independence making Washington the most powerful Nation in the world.  Thus the new world was governed by American Republic, the largest ever world has seen. In this new world India had a great place.  From feudalism the world saw agriculture which in turn was overcome by industrial civilization.  Today the world is largely industrial although India continues to be agricultural.  India lives in its villages largely agricultural. But industrial civilization has taken over with the result the great Mahatma the Father of the Nation made India essentially non industrial. The soul of India is even  today agricultural and the people lives in villages.  Such is our nation but it stand by the rule of law and democracy.  Each adult citizen having franchise today.  India is a democracy and a socialist secular democratic Republic.  What we have gained is the rule of law. No longer under princess but under the people. Bharat is now a people’s democracy.

This grand Republic in this excellence is best understood by its noble Preamble which runs thus:

WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens:

JUSTICE, social, economic and political;

LIBERTY, of thought, expression, belief, faith and worship;

EQUALITY of status and of opportunity;

and to promote among them all

FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation.

This grand Preamble sums up the essentials of the anatomy of our Constitution.  In essence it is socialist which means that the imperial capitalist rule of law must quit and the common man not the wealthier class will have the governance of the nation.  The conscience of the Constitution lies in Part III and IV.  The great human rights enshrined in Part-III are perhaps the glory of our Constitution.  The Directive Principles of State policy imparts a public dimension to the values of the Constitution.  That is why under our Constitution Public Interest Litigation played so key a role that whenever there is a violation either by the executive or by the legislature of the public values of Part-III and IV it is open to any citizen to move the higher courts and seek a writ to defend his rights and the ruling of the High Court is a great protection of the citizens under Article 141 and 32 of the Constitution.  As we read through the entire Constitution what looms large is the anxiety of the framers to use the Constitution for the weaker sections of the Indian community.  It is not merely a materialist document but gives importance to spiritual and moral value as well.  Article 47 is all against alcoholism and for the have-nots.  This is the quintessence of socialism nor is our Constitution against spiritual value.  Secularism as declared in the Constitution secularism, creedal freedom, integrity, fraternity and equality of faith.  Even linguistically people have freedom of language and cultural development.  In short, a multi-dimensional progressiveness is stridently writ large in the various schedules of the Constitution.  But above all, national unity is paramount and legality is equally important.  We have the best Constitution but it works well and makes the country unite so long as the operators of the paramount deed work it well.  The Constitution is how it operates vis a vis the little Indian as he exercises his vote freely and in fulfilment of the Preamble.   Justice above all is the prominent feature of our LAW.  International peace and comity is a prominent feature of our paramount deed.

The will of the majority of the people of India decides who wheels the sovereign power.  The people in their majority articulate their voice through the General Elections periodically held where every little Indian through his little mark makes his will speak on paper which our final court tells the world who will command the sovereign power of India that is Bharat. ’the little man, walking into a little booth, with a little pencil, making a little cross on a little bit of paper—no amount of rhetoric or voluminous discussion can possibly diminish the overwhelming importance of the point.‘  

India finds its finest expression of humanity and divinity blended in a humane unity not through the wonder of verbalism but through the determination of its people through a periodic General Election not through the wealth of party or of any personality or family but through the numbers of adult Indians in a free and fair election independently held with the ultimate validity ruled by the Supreme Court which enjoys sovereign power under the Constitution.

As earlier elaborated the twin paramount commitments of the Constitution Indian humanity are (A) Law India by which I mean the country is committed to the rule of law as finally upheld by the Supreme Court of India and (B) Its non-negotiable subordination to swaraj as accepted by the nation as a whole and never belonging to a family or personality.  The rule of law is controlled by an absolutely independent judiciary supported by a Bar utterly subject to integrity.  A humane justice and a Bar which surrenders to have except the rule of law the best description of this concept is given by Justice Felix Frankfurter thus:

No one can be a truly competent lawyer unless he is a cultivated man.  If I were you, I would forget all about any technical preparation for the law.  The best way to prepare for the law is come to the study of the law as a well-read person.  Thus alone can one acquire the capacity to use the English language on paper and in speech and with the habits of clear thinking which only a truly liberal education can give.  No less important for a lawyer is the cultivation of the imaginative faculties by reading poetry, seeing great paintings, in the original or in easily available reproductions, and listening to great music.  Stock your mind with a deposit of much good reading, and widen and deepen your feelings by experiencing vicariously as much as possible the wonderful mysteries of the universe, and forget all about your future career.

‘Justice is too noble a word to be used by persons who disgrace women the way Basant has savagely done’

‘Victim was used for child prostitution’, this controversial statement from the part of R Basant, former Kerala High Court Judge and part of the division bench that acquitted 35 accused in Suryanelli case, shook the conscience of the society. Widespread protest escalated. Broadcast, Print and Online media joined the civil society in protest.

In an email interview with our correspondent Nebil Nizar, Justice V.R Krishna Iyer, eminent Jurist and former Supreme Court of India Judge V.R Krishna Iyer came out heavily against Justice Basant.

1)  Justice Basant is heard saying in the tape; Child Prostitution is not Rape but Immoral only. How do you respond?

Justice Iyer: I consider the distinction between immorality and rape as absurd and spiritually untenable

2)  Is it important for the Judge to Examine the charecter of the Prosecutrix before reaching a conclusion? Or whether Happening of the alleged offence is important?

Justice Iyer: Both are relevant.

3)  Does conversation with Justice Basant show the attitude of Judges while deciding cases relating to sexual offences?

Justice Iyer: The attitude of the judges in sexual offenses discloses Judicial disposition vis a vis sentencing. The diabolical attitude of the judge towards sex crimes makes his sentencing harsh

4)  Original IPC (Copy at Harvard Law School) in Section 376′s explaination notes says that if a girl is held in captivity and raped, when she has a chance to escape, if she didn’t, then she cannot claim that she was raped. Then is Justice Basant right?

Justice Iyer: No, a rape is a rape whether the victim has been opportunity to escape or suffers confinement.

5) Do you think ‘Contempt of Court’ must be slapped on Justice Basant for making fun of the apex Court by saying that the Judge has not even read the Judgement of Kerala High Court?

Justice Iyer: Justice Basant making observations about the sentencing Judge is guilty of making stultification. Such an attitude is near contempt.

Many women feel outraged by Basant remarks. There is some moral justice in refusing to call Judges like Basant. Justice is too noble a word to be used by persons who disgrace women the way Basant has savagely done.

Justice Basant is my old friend and I know him to be a good Judge. I am shocked how he made such derogatory Judgement about his own sister female humanity. He has to withdraw the vulgar statement he has made. Oh the pity of it-dear Basant please express your regret and withdraw your shocking opinion about women kind publicly. You were a learned Judge; why ruin your reputation.



(This interview was earlier published at http://www.worldbeyondweb.com/interview-with-justice-v-r-krishna-iyer/)

'Modern system of young women dressed in temptational costume and other sex-prone exposure and over publicity in our newspapers are partly responsible for the molestation of women on account of temptation.'

Dr. Vaidyanathapuram Rama Iyer Krishna Iyer
Photo: The Hindu

V.R Krishna Iyer, eminent jurist, is a former Judge of the Supreme Court of India. Prior to his elevation to the Bench, he was a Minister in the State of Kerala in charge of Home, Law etc. He has authored over 70 books and was conferred with Padma Vibhushan in the year 1999.
Given below is his email interview with Nebil Nizar.


1.    Whether our streets are safe for women?

V.R Krishna Iyer: Our streets as on today are far from safe for women from molestation and violence.


2.    Do you agree with me if I say indecent self exposing dressing is the root cause of attack on women?

V.R Krishna Iyer: I agree that the modern system of young women dressed in temptational costume
and other sex-prone exposure and over publicity in our newspapers are partly responsible for the molestation of women on account of temptation.  A more sober style of dressing will reduce the temptation for molestation.

3.    Do you believe that death sentence can stop this menace?V.R Krishna Iyer: No.  I have explained this position earlier.  A legal murder in the shape of sentence will not abolish rape.  It is my view.

4.    How to deal with the victims?V.R Krishna Iyer: An effective victimology by which women in lonely situation can be defended.  There must be an obligation for the state to provide police men in social situations where opportunities for molestation are likely to be exploited.

5.    How to deal with the offendors?V.R Krishna Iyer: The police women must be more in numbers.  They must be armed adequately and must appear in social situations where molestation and terrorism can occur without being caught. In such cases liberal presence of police personnel will reduce offences against women.  In all cases where men are found guilty they should be subjected to castration or other physique processes reducing the temptation to violate womanhood.


6.    Congress prepared a draft Bill which proposes 30 years imprisonment and chemical castration in rare cases. How do you react to this?

V.R Krishna Iyer: My proposal is quite sufficient. Congress proposal is too severe.

7.    Chemical Castration as an alternative punishment was mooted by Your Lordship for the first time in India in 1979, then you said willing castration is a better recepie for this hypersexed human than outright death. Are you now ready to change 'willing castration' to 'forceful castration'?V.R Krishna Iyer: I am supporting ‘forceful castration’ as an extreme punishment.

8.    Do you think castration would violate Art. 14 and 21 of the Constitution of India?V.R Krishna Iyer: No, as a punishment it can be.

9.    Historically, castration as a punishment for rape has been banned in most democracies in the world; do you think imposition of castration in India would lower the image of India Internationally?V.R Krishna Iyer: No, this would not do so. It is an alternative to death sentence.

10.  Does your prescription of castration change your thought from 'Reformative school of punishment' to 'Retributive School'?V.R Krishna Iyer: No, it does not change.

11.  How the cop must change their attitude?V.R Krishna Iyer: The court must be more concerned not about barbarity in punishment but reforming the criminal by a new system of education at schools and colleges, prisons and the professions.  In such manner that sex desire will be wheeled away.


12.  How the court must change their attitude?V.R Krishna Iyer: The court should not focus on cruelty in sentencing but so psychically deal with the offending class as to minimize the inclination to violate the integrity of womanhood.


13.  What changes must be brought about to criminal law in India?
V.R Krishna Iyer: The penal law and criminal procedure are so dilatory and slow-moving that it takes long for a horrendous crime like gang rape to reach the final sentencing stage.  We must radicalize the whole process.  There must be a mobile police team which if a sex terror incident is reported in a newspaper or otherwise, they should not wait for FIR or other formality but should proceed forthwith rush to the spot, trace the vehicle or suspect, arrest and investigate at once, go to the court with a charge sheet and prosecute the case before a special court with a specially trained advocate and judge and seek an instant trial with immediate notice to the accused, quick hearing and sentence.  A quick offenses sex code must be enacted without permission or sanction or other delaying obstacles.  Otherwise the police prove insensitive, courts adjourn, and witnesses don’t turn up.  The court must go to where the scene or witnesses are and don’t wait—quick trial must be the mission.  Operative urgent disposal of sex cases of course with fair trial requirements complied with without delay is the need of the hour.

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Delhi- Rape Capital of India

Protests in New Delhi
Photo: AFP/GETTY

By V.R Krishna Iyer

We, the People of India are a cultural disgrace among the capital cities of the world.  Every day there is a gang rape.  The penal law and criminal procedure are so dilatory and slow-moving that it takes long for a horrendous crime like gang rape to reach the final sentencing stage.  We must radicalize the whole process.  There must be a mobile police team which if a sex terror incident is reported in a newspaper or otherwise, they should not wait for FIR or other formality but should proceed forthwith rush to the spot trace the vehicle or suspect, arrest and investigate at once, go to the court with a charge sheet and prosecute the case before a special court with a specially trained advocate and judge and seek an instant trial with immediate notice to the accused, quick hearing and sentence.  A quick offenses sex code must be enacted without permission or sanction or other delaying obstacles.  Otherwise the police prove insensitive, courts adjourn, and witnesses don’t turn up.  The court must go to where the scene or witnesses are and don’t wait—quick trial must be the mission.  Operative urgent disposal of sex cases of course with fair trial requirements complied with without delay is the need of the hour.

(V.R Krishna Iyer, eminent jurist, is a former Judge of Supreme Court of India)