Alumnus named District Collector

Prasanth Nair

By Nebil Nizar

New Delhi: Distinguished alumnus and P.A. to Home Minister Shri. Prasanth Nair is posted as the new District Collector of Kozhikode in Kerala.

Prasanth Nair belongs to 2005 Batch at Government Law College Thiruvananthapuram where he studied for 5year B.A.L, LL.B Integrated Course after quitting his Bachelor of Dental Studies course at Government Dental College here, where also he got a merit seat. He had his schooling at the prestigious Loyola School, Thiruvananthapuram.

'He was an excellent student. Intelligent and as well as hardworking, he had a drive to crack the IAS during his days here' remembers Dr. P.C John, his Professor at Government Law College Thiruvananthapuram.

Prasanth Nair belongs to the Kerala Cadre of Indian Administrative Service of 2007 Batch. He is rated as a good team leader and an excellent administrator. He served as Assistant Collector at Kozhikode; Sub Collector and Sub-divisional Magistrate at Wayanad; Managing Director of Jalanidhi, World Bank funded Drinking water project. Chief of Kerala Tribal Resettlement and Development Mission, Project Director of World Bank aided Kerala State Transport Project, Managing Director of Aaralam Farming Corporation, and Managing Director of Priyadarshini Transports. He also held the charge of Additional Excise Commissioner in addition to the post of Managing Director of K.T.D.C. Hotels and Resorts. Prasanth while serving as Managing Director of state owned Priyadarshini Estates in Wayanad helped to attain huge profits.

Prasanth is married to Lakshmi Ambadi and has a daughter and a son.


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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.

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LL.B is all about law, the rules of the game called life in this country. Knowing the rules of the game naturally makes him a better player, no matter where the game is played.

Shri. Prasanth Nair, is a 2007 batch Kerala Cadre Indian Administrative Service officer, who is presently serving as Managing Director of Government owned K.T.D.C. Hotels and Resorts. He is an alumnus of Government Law College Thiruvananthapuram (2000-2005).
Given below is the transcript of his interview with Nebil Nizar.

1.  How law students can positively engage in nation building and make a difference?

Prasanth Nair: In a single sentence, get educated and stop wasting time on frivolous things! Unless you value your time and value yourselves, leave nation building, even body building is a difficult task. What is lacking in most law students is primarily, humility and the ability to acknowledge others' knowledge. Arrogance and a closed mind cripples even the best minds. A modern India requires legal experts and practitioners who are open to ideas and changes, not those who are fossilized in time.

2. When did you start your preparations for Civil Services?

Prasanth Nair: I wanted to join the IAS when I was probably in the 10th or so. I must have started mentally preparing for it.  Conscious syllabus based preparations were made after I joined GLC as 1st year student in the 5yr course. 

       

3. How should a student of Law study if he is aiming for Civil Service Exam?

Prasanth Nair: Study the syllabus and the exam first. After he studies the exam, he can easily study for the exam. Take part in Moot Court competitions as that will help you sharpen your presentation skills, besides getting you attendance! In Government Law College Thiruvananthapuram, there are lots of things that are in your advantage while preparing for such an exam. Make most of it.

4. It is frequently asked question by law students whether LL.M or civil service preparation must be undertaken first. What do you think?

Prasanth Nair:I wonder why law students have such questions! 

I prepared for Civil Service when I was doing my 4th year B.A.L, LL.B and I appeared for the IAS interview based on my B.A.L degree, an year before I completed my course. Let us not complicate things by thinking too much on what to do first. It is all about priority. If you want to prepare you can do it even while doing your graduation. If you are a doubting Thomas, even after your PhD, you'll think what next.

5. Do you think that serving the corporate sector would instill professionalism in a young man?

 Prasanth Nair:Not necessarily. Many people without exposure to both government and private sector fall for this fad. Professionalism is a function of your mind and attitude, apart from sound training. The numerous reported instances of corporate corruption, mis-governance, insider trading, lobbying and even high profile cases of corruption related to  purposeful skewing of Government policies show the dark side of corporate administration.

6. It is seen that persons learned in law engage in many jobs without any other professional training and succeeds in that, be it Business, Journalism, Politics etc. Do you think that a law degree moulds a teen into a man?

Prasanth Nair: LL.B is all about law, the rules of the game called life in this country. Knowing the rules of the game naturally makes him a better player, no matter where the game is played. The years spent in the Law College indeed gives a man or a woman the exposure of a life time to a wide cross section of the society.

7. Did your study of law helped you in any ways when you successfully discharged your duties as an officer of IAS?

Prasanth Nair: Of course. Administration is implementation of law and clear knowledge of law and the procedures is a great help. The initial appointment as Sub Divisional Magistrate was a chance for direct application of law and the legal process which I thoroughly enjoyed. Knowledge of law also empowers you. I honestly felt that it made me the most powerful SDM in Kerala at that time! Knowing law also helps one manouvre through the complex labyrinth of administration.

8. Do you think that legal education needs a change in India?

Prasanth Nair: Legal education and the profession needs to get a thorough shakeup in India. Coteries and families alone cannot dictate the terms of the profession any longer. Genuine talent and hard work should be rewarded promptly as is the case in western countries. Efficiency and delivery of results should become the goal of the justice machinery and education should also be attuned to that effect, instead of teaching tactics to delay cases. Often it is said that what is taught in the college has hardly any relevance in the Court of practice. More avenues for corporate lawyers is slowly weaning away the brighter elements amongst the law students from court practice. This is more so because the initial years are difficult. Probably ensuing competition from opening up of legal services under international obligations would bring justice to ordinary but talented legal practitioners. Both corporate as well as court practitioners. It could gradually change the focus of legal education to a more utilitarian and practical method.

9. What is your advice to law students?

Prasanth Nair: Though we study a lot on justice and fairness, nothing is more unfair as is the life of a law student after graduation- that is unless we make a definitive move. If one chooses to flow with the tide, you are not going to be taken anywhere in this profession. There are a whole lot of avenues waiting just for a capable law graduate. Whether one ends up as a Supreme Court Judge or as a small time practitioner in a lower Court or a clerical staff or a file pushing bureaucrat, let us remember that we take pride in saying that 'I studied law', as if we know all the law in this world. Not as an advice, but as a suggestion to my brethren in this field, may I reiterate the need for humility and inquisitiveness which alone can make one successful. For we always remain students of law and we can never rightfully claim that we studied law!


(Shri. Prasanth Nair may be contacted at prasanthnair.ias@gmail.com. His articles can be read at http://prasanthias.wordpress.com)