'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.

(Originally published at http://glctvpmlaw.blogspot.in/2012/12/modern-system-of-young-women-dressed-in.html)

'Our jurisprudence is shaping up with each judgment, there is so much scope each day to carefully and critically compile, analyse and decipher the underlying ideologies and values.'

Ms. Garima Tiwari is a Co-founder and  author at A Contrario project. She has been recently awarded the  2012 Justice Makers Fellowship with the International Bridges to Justice . She  holds an LL.M   in International Crime and Justice from University of Torino/United Nations Interregional Crime and Justice Research Institute (Turin, Italy)  and is a graduate from  National Law Institute University, Bhopal. She worked at the National Judicial Academy ,Bhopal as a Law Associate. She also worked as a Senior Researcher with Lexidale -Foreign Law and Regulation Analysis. Editor for Lex Warrier - Online Law Journal.

Given below is the transcript of her interview with Nebil Nizar.

1. How do you describe A CONTRARIO to other people?

Garima Tiwari: A CONTRARIO is a research group devoted to issues in international crime and justice. Since its inception, A CONTRARIO seeks to inspire discourse and literature on various subjects related to international crime and justice, in addition to fostering relationships with and engaging the virtual world.

The main aim of the group is to provide insights to the readers on international and transnational crimes such as war crimes, crimes against humanity, genocide, crime of aggression, organized crime and terrorism, and to get them thinking about these issues in different ways. 

2. From where did you get the idea of A Contrario ICL?

Garima Tiwari: A CONTRARIO was born out of the notion that law and its evolutionary norms should be accessible to all people.  We are a team of people who are dedicated to wanting inspire a global discussion on these matters so that everyone can contribute to international law as it is dynamic and changing. In addition, publishing short works of scholarship allows people who may not have access to legal databases on these subjects to find additional sources, in addition, to seeing how one person frames an issue.

Nowadays open access in legal education is growing yet people are less aware about international issues as most journals have paid access, therefore, our team came up with this idea to make knowledge about international issues openly accessible, without any handicap of finances or resources.

3. Is Geography a hindrance?

Garima Tiwari: Our research group is not limited by geography. We are able to have discussions which cut across boundaries, thereby allowing for exchange of rich and multi-faceted discourse. The blog has never sided one opinion, and you will find diverse views on each topic. This definitely, provides for continuous enrichment of the subject. It is the joint effort of our wonderful team of authors from diverse backgrounds which includes Mr. Jan Guardian (Belarus), Ms.Regina Paulose (USA), Mr.Ronald Rogo (Kenya) and Ms. Lina Laurinaviciute (Lithuania)- that keeps the motivation running.

4. What are your activities at A Contrario ICL? I have heard about theme based writings, can you explain this to our readers?

Garima Tiwari: Our writings are topic based legal oeuvre which means that once a month a topic is chosen and the authors along with guest authors write on the topic. This allows for the authors to become diverse writers on various areas of international law, and also prevents repetitive blog posts.

A CONTRARIO has expanded within the last two months to a FACEBOOK page which allows people from all over the world, who may not have legal training, to participate and learn about international issues. In addition, next month we are launching the A CONTRARIO Debate Project which invites debate teams who are interested to choose a topic and debate on the issue, allowing for a worldwide audience to learn and get engaged in international topics. This project will be hosted on our YouTube site.

5. Do you think your articles would make a difference to the system?

Garima Tiwari: All writing makes a difference to the system. You never know who and when your message will impact someone. Our goal is to inspire and educate people of all backgrounds to do something - for their communities and for the world.

International Criminal Law to be specific has not been debated much in India. We do hear trafficking, terrorism and sometimes piracy, but we refrain from going into the genesis of these problems and the legal arrangements guiding them. Clarity on different international crimes, the situations world over and their impact on India deserves our attention. We need to learn from these concepts which are gaining international acceptance and apply them as acceptable to system. This would definitely need research and analysis.

6. Do you agree with me if I say, corporate owned portals charging exhorbitant rate slowed the transmission of legal knowledge, research and argument considerably?

Garima Tiwari: Yes, I do agree with this to some extent. When the portals add their charges to the materials, it gets difficult for students to access the same and thereby, leads to research and arguments based on what is freely available. But this should not limit the quality of our work. There are good libraries, in most cities which have most of the requisite books and journals. Most law colleges are well equipped, and law students can access these. They also have subscriptions to most legal research sites. We do not have to become the slaves of online publishing sources.

7. Is India a fertile land for research oriented study?

Garima Tiwari: I would say yes, India is a fertile land for research oriented study,  there is always so much happening. We are yet to realise that the way our jurisprudence is shaping up with each judgment, there is so much scope each day to carefully and critically compile, analyse and decipher the underlying ideologies and values. True that the legal research has not made much headway in India even in comparison with other social science researches and that legal researchers have always struggled to explain the nature of their activities to colleagues in other disciplines. I would say that the need for research comes from the very fact that it is avoided. Law is one subject where there is scope for multiple interpretations. It is hard work and it involves thinking. This is precisely why an initiative like A CONTRARIO comes handy. The more we get to share each others’ experience, the greater we develop our own erudition on that particular issue.

I think most of us can read the bare Act and find supporting precedent. That is one form of research all law students do. Then there are comparative law researches, empirical and inter-disciplinary researches. They form a more critical and journalistic tone of legal research. Currently, legal research in India is grossly suffering from plagiarism and stagnation. It is mostly superfluous. It is taken seriously, only when it pays. Well that’s practicality. Research in law has still not taken a shape of a career option. Most research is simply a view of another author –sometimes presented in one’s own words –and mostly, simply picked up. So it is more of mechanical jugglery of words than voicing of original thoughts. On top of it, since copyright is not taken seriously, there is lack of attribution as well. Ofcourse, this does not mean that there are simply no good researchers. There are many excellent authors with original thoughts –diverging or culminating into the legal literature in some way.

8. Whether attitude or aptitude is required for a researcher?

Garima Tiwari: Abigail Adams rightly said, ‘Learning is not attained by chance, it must be sought for with ardor and attended to with diligence.’

Honesty, perseverance, curiosity, diligence, knowledge, attitude of never giving up and good communication skills are some of the attributes of a good researcher. A serious research can often be tedious, here patience comes handy. Before a researcher goes into critical in-depth analysis on a subject, he first needs to develop reading and observation skills. A simple incident around you should be able to agitate the mind, to search for its details. Legal research as a mechanical process devoid of analysis is not productive in the long run. The ‘cut-copy-paste’ attitude that is adopted simply stagnates the thought process. It is important for us to understand that legal research is not simply putting down a collection of sentences from different sources or mere data collection. It involves an exercise in reasoning being conscious to what is accepted and rejected in the field, and then at the subconscious level to cull out a new argument in logic. A good researcher would not be able to resist sharing his/her work and experiences.

Today, we have lots of tools for conducting legal research than our predecessors; even then we cannot rate our scholarship at par with their work. Computers and internet have put us under a close scrutiny to be regularly updated. The key to effective research is developing a research strategy, and following good research methodology. The more familiar you are with the resources available, the faster you can develop your strategy, and the more effective it will be.

9. What is your advice to those interested in legal research?

Garima Tiwari: “Research is to see what everybody else has seen and to think what nobody else has thought”. This quote by the famous Nobel Prize winner Albert Szent-Gyorgyi –sums the purpose of any research.

Anyone interested in legal research, needs to develop his reading skills and start writing –beginning from now. The goal should be to be a voracious reader. The more you read the more expressive you will become. Be curious. Just pick up a topic and write.

A good researcher is not just born overnight. Be ready with your diligence and patience.  For jobs in legal research, you need to show you can write on varied subjects with precision and ease. A dishonest careless research is dangerous. For a more critical type of research, be ready for criticism. Not everyone will be happy with what you come up. Accept criticism as you accept praise. Learn what you can from it, and keep reading, thinking, writing and re-thinking. You surely will have lots of space and autonomy to develop your ideas. There is immense opportunity to travel and be part of amazing discourses. Good research pays well, not just monetarily but the level of contentment achievement after a good research is unmatchable. Intuitively your faculties develop fathomlessly which you may not realize at present, yet some years down the line you tend to understand how priceless such exercises were. So if you love writing and ofcourse, love pushing your brain to limits – jump in!


(Originally published at http://glctvpmlaw.blogspot.in/2012/12/our-jurisprudence-is-shaping-up-with.html)

'He /she will be tested for some essential qualities like power of retention, clarity of concepts, ability to identify the correct alternatives with efficiency and accuracy.'

V.R Rajiven

Shri. V.R Rajiven is a 1977 Batch Kerala Cadre Indian Police Service Officer who retired in 2010 as Director General of Police. As an I.P.S officer, he worked in various capacities throughout the state. Awarded thePresident's medal for Meritorious Service during the year 1998, and Highest Police Honor of President's Medal for Distinguished Service in 2006.

Prior to his law enforcement career, practiced as a lawyer at High Court of Kerala with Senior Counsel and later Judge Shri. Bhaskaran Nambiar.

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 ?

V.R Rajiven: The work of Nation-building has to be undertaken by each and every member of the society - especially youngsters from all walks of life. There is no special role for law students compared with others in this matter.  However, I feel that there are certain areas which can be better served by Law students who get opportunities to study concepts of International Human Rights, Democracy, Rule of law, Constitutionalism, Self-determination, civil society, gender justice and minority rights, and the role these factors play, individually and in combination, in creating and maintaining an emergent society that respects international human rights. Law students can also act as catalytic agents in anti corruption and civil rights movements, and in the emancipation of the oppressed which will definitely make a difference in the society. But I feel that these things can be done after the completion of studies and it is better for students to concentrate on their studies rather than think and worry about concepts like nation building and get confused during their college days.

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

V.R Rajiven: Once you have decided to appear in the Civil Services Exam, preparations should start early. No time frame can be fixed for starting the preparations. Preferably your preparations should start from your school days once you have decided about your final destination.  Read news papers and periodicals daily to increase your general knowledge and be updated about current affairs and happenings around you. You have to develop the habit of reading news papers and periodicals from your school days and subject wise preparations can start preferably after graduation or may be from the 3rd year of LL. B course. As far as I am concerned, my serious preparations for the Civil Services Main Exam started after I joined the 3 year LL.B course.   One common misconception about the preliminary is that it is a test of facts and figures.  A candidate should have the right frame of mind and the will power to succeed in the exam. A proper action plan is needed for the preparation itself since he /she will be tested for some essential qualities like power of retention, clarity of concepts, ability to identify the correct alternatives with efficiency and accuracy. All this requires a quick decision making power. There is stress on language skills and analysis and decision making capacities.   These are skills that are developed over years and not just in a few months. It would be advisable to start focusing on your problem solving and language skills as soon as you complete your +2 course. Your aim should be to develop an analytical mind and should have basic knowledge of the world around you . Try to sharpen your skills by participating in Debates, Elocution competitions, moot courts etc.

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

V.R Rajiven: One should choose the subjects he intends to take for the Civil Services Main Exam and concentrate more on those subjects. Where ever possible, give preference to Law subjects as you can study them along with your LL.B subjects’. Considering the fact that the time between the Main Exam and the declaration of result of the Preliminary Exam is very less, it is advisable to begin preparations of the Main Exam along with the Preliminary Exam. The choice of optional subject for Paper-II has to be done very carefully. The optional subject for Paper-II should usually be the subject in which the candidate has either attained proficiency/higher academic qualification or in which the candidate feels at home. Even if your branch of study is different, it is advisable to keep in touch with one of these subjects which will help you when you start preparations. Start collecting books and readings once you have made your choice. While studying for the optional subjects, remember that there is no scope for selective studies in the Civil Services Examination. The whole syllabus must be completely and thoroughly covered.  If you choose subjects in which you do not have a basic grounding, start from simple books. After getting the grasp of the basic concepts, start with higher level study material.

4. It is a frequently asked question by Law students whether LL.M or Civil Service  preparation must be undertaken first. What do you think?

V.R Rajiven: There is no need to give preference to one exam over the other. In any case, don’t presume that LL.B degree will not give you the required proficiency to tackle the Civil Services Exam. I pursued my LL.M course along with my Civil Services Exam preparations. I found it quite useful since I had taken mainly Law subjects for my Civil Services Main Examination and was also able to make maximum use of the college library, and I appeared for the Civil Services Exam before completing the LL.M course.  If you start your preparations for the Civil Services Examination after you finish LL.M, you will waste another 2 or 3 years and will join the Service rather very late and joining the Service at an early date has its advantages.

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

File Photo

V.R Rajiven: The requirement and specialization will differ from corporate to corporate. With increase in the corporate sector, the demands for the related services have increased and this has led to tremendous change in the techniques of the respective services. So serving in corporate sector alone may not guarantee instillation of professionalism in a young man. If you look around you can find any number of MBA graduates just performing clerical jobs in the Corporate Sector. What is important is the level at which you enter the Corporate Sector and the type of work assigned to you. Whether you are working in Govt: Sector or Corporate Sector, developing professionalism will depend on your attitude and your business ethos. It may also be noted that there is great demand for retired Bureaucrats in the corporate sector and this is mainly because of the professionalism they have achieved while working in the Govt: Sector. While working as a civil servant you deal with complex issues on a day to day basis and the professional skills you earn can easily match or even excel the professional skills of a corporate executive.

6. It is seen that persons learned in law engage in many jobs  without any professional training and succeeds in that, may be journalism, politics etc. Do you think LL.B moulds a teen into a man?

V.R Rajiven: Probably, knowledge of Law will come to the help of Law graduates in many fields and they may do better than others in a god no: of jobs. But at the same time we have to admit the fact that proper professional training is required to sharpen the skills, techniques and knowledge acquired by a law graduates to deal with specialised jobs since basically LL.B degree aims to mould the students as   good lawyers. It cannot be said that you will perform better than others as a member of the Civil Service, a corporate executive ,a journalist or a politician simply because you possess a law degree. May be, you can avoid pitfalls in the particular profession as you know the rules and regulations better than others once you acquire a law degree. At same time we have to remember that so many other vital factors other than knowledge of law are essential to excel in the professional arena.

7. Did your study of law help you in any way when you successfully discharged your duties as a law enforcement officer?

V.R Rajiven: From your question itself the answer is quite obvious. As a police officer I had to enforce Law, and knowledge of law was of great help. Among the various Services, I feel that IPS is the one where your knowledge of law will come to your aid throughout your career. Once you enter the IPS, from day one you start dealing with IPC, CrPC, Evidence Act, etc and a plethora of other Central and state Acts and Rules. On a day to day basis you will have to deal with prosecutors and court cases and your law back ground will be of great help.

8. What is your advice to Law students?

V.R Rajiven: The tenet of legal profession can never be considered financial gains alone. From the student days, a law student has to develop certain basic qualities like self esteem, humility, compassion, respect for law etc and should have definite ideas about his final destination - legal profession or elsewhere. Once the destination is finalised, he has to choose the right path to reach the place. As the   study time available to him remains the same, he has to make proper adjustments and find time slots for additional items if he wants to pursue a Civil Services Career after LL.B. He should understand that to get into the Civil Services he has to compete with students from different disciplines and LL.B   has no special edge over other courses. Keeping the above aspect in mind, you have to organise your studies.  Rather than mugging up from guides, depend on standard text books and reference books and always be willing and eager to learn from others and your own experience.


(Originally published at http://glctvpmlaw.blogspot.in/2012/12/he-she-will-be-tested-for-some.html)

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 KTDC 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!

(Originally published at http://glctvpmlaw.blogspot.in/2012/11/llb-is-all-about-law-rules-of-game.html)