Kaleeswaram Raj Explained

Kaleeswaram Raj
Birth Place:Kerala
Nationality:Indian
Occupation:Lawyer
Years Active:Present
Known For:Civil, criminal and constitutional law

Kaleeswaram Raj is an Indian lawyer practising in the Supreme Court of India and the High Court of Kerala.[1] [2] [3] He has successfully argued for decriminalisation of the offence of adultery in India.[1] [4] [5] [6]

Legal career

Raj practises in the fields of civil, criminal and constitutional law. There are about five hundred reported judgments on which he is counsel of record.[7] Before the Supreme Court of India, in Joseph Shine v Union of India,[8] he appeared as the lead counsel for the petitioner. In that case, the top court of India struck down Section 497 of the Indian Penal Code, which criminalised adultery, as unconstitutional.

He also appeared before the Supreme Court of India in the Government advertisements case (2015),[9] Kerala Liquor Policy case[10] [11] [12] and National Highway liquor ban case (2017).[13] He was appointed as Amicus curiae in various cases.[14] He appeared for the victims of the endosulfan tragedy in the Kasargod district in Kerala. In that case the Supreme Court of India directed the Kerala Government to pay compensation to the child victims.[15] He has also argued in the Maratha reservation case in which the Constitution Bench of the Supreme Court set aside the reservation as excessive, illegal and unconstitutional.[16] [17] Raj has argued in the case relating to Freedom of Speech of public functionaries in which the Constitution Bench of the Supreme Court said that no additional restrictions can be imposed upon them, other than what is permissible under Article 19(2) of the Constitution.[18] He appeared before another Constitution Bench in Janhit Abhiyan Vs Union of India.[19] In this case the Supreme Court upheld the 103rd amendment to the Constitution that introduced quota for economically weaker sections. In Indian Medicines Pharmaceuticals Corporation Ltd Vs Kerala Ayurvedic Co-Operative Society Ltd & Ors,[20] where he was the respondent's counsel, the Supreme Court reiterated the need for transparent process of public tenders in the Government contracts.

The Supreme Court in Anoop Baranwal Vs Union of India ", [21] has accepted his contentions in support of the petitioners. In this litigation, the Constitution Bench of the court directed that an independent body consisting of the Chief Justice of India, Prime Minister and the Opposition Leader has to select the Election Commission of India.

Writing

Raj has written articles appeared in leading newspapers in India, including The Hindu, The New Indian Express, The Times of India, Deccan Herald and The Statesman, as well as journals such as Economic and Political Weekly, Frontline and Mainstream Weekly. He has also written in the law journals.

His published works in English include "Commentaries on Marumakkathayam law"[22] (1995, along with Ms. K.P. Suchitra), "The Spirit of Law" (2012),[23] "Rethinking Judicial Reforms: Reflections on Indian Legal System" (2017)[24] [25] and "Constitutional Concerns : Writings on Law and Life" (2022). [26]

Notes and References

  1. News: Supreme Court decriminalises adultery in landmark judgment. 2018-09-27. Reuters. 2019-02-06.
  2. Web site: PAPERBACK PICKINGS. The Telegraph. Kolkota. 2019-02-06.
  3. Web site: 'Declare moratorium on agri-land diversion' - Times of India. The Times of India. 2019-02-06.
  4. News: Adultery no longer a crime in India. Biswas. Soutik. 2018-09-27. 2019-02-06.
  5. Web site: "The hindu" Adultery argued kaleeswaram raj - Google Search. 2019-02-08.
  6. Web site:
    1. Adultery: It conceives women as a chattel incapable of decision making. It is a kind of paternal protectivism, Kaleeswaram Raj.
    . Bench. Bar &. 2018-08-02. @barandbench. 2019-02-08.
  7. Web site: Meet the lawyer who successfully fought to decriminalise adultery in India. 2018-10-12. SabrangIndia.in. 2019-02-08.
  8. Web site: IN THE SUPREME COURT OF INDIA : CRIMINAL ORIGINAL JURISDICTION WRIT PETITION (CRIMINAL) NO. 194 OF 2017 : Joseph Shine …Petitioner(s) VERSUS Union of India …Respondent(s). Sci.gov.in. 4 August 2019. https://web.archive.org/web/20190715194520/https://www.sci.gov.in/supremecourt/2017/32550/32550_2017_Judgement_27-Sep-2018.pdf. 15 July 2019. dead.
  9. Web site: Government ads should not project political leaders, panel tells SC. thenewsminute.com. 2019-02-06. 2015-02-25.
  10. News: Liquor policy caused drastic drop in crime rate, Kerala MLA tells SC. Rajagopal. Krishnadas. 2015-08-26. The Hindu. 2019-02-08. 0971-751X.
  11. News: SC upholds Kerala liquor restrictions. Rajagopal. Krishnadas. 2015-12-29. The Hindu. 2019-02-08. 0971-751X.
  12. Web site: SC lobs Rohatgi row to Centre court. The Telegraph. Kolkota. 2019-02-08.
  13. News: SC: Ban on liquor sale covers hotels, bars too. Rajagopal. Krishnadas. 2017-04-01. The Hindu. 2019-02-06. 0971-751X.
  14. Web site: Speeding by private buses: Amicus curiae files report with Kerala HC - Times of India. The Times of India. 2019-02-06.
  15. News: Supreme Court pulls up Kerala for denying relief to Endosulfan victims. Rajagopal. Krishnadas. 2019-07-06. The Hindu. 2019-07-08. en-IN. 0971-751X.
  16. Web site: Bhardwaj. Prachi. 2021-05-06. Maratha Reservation unconstitutional The timeline of the case and the 3 questions that received unanimous opinions of all 5 judges. 2021-05-25. SCC Blog. en-US.
  17. Web site: Supreme Court Observer -. 2021-05-25. www.scobserver.in.
  18. Web site: IN THE SUPREME COURT OF INDIA: WRIT PETITION(CRIMINAL) NO. 113 OF 2016 : KAUSHAL KISHOR.....Petitioners VS STATE OF UTTAR PRADESH.....Respondents .
  19. Web site: IN THE SUPREME COURT OF INDIA: WRIT PETITION(C) NO. 73 OF 2019 : JANHIT ABHIYAN VS UNION OF INDIA .
  20. Web site: IN THE SUPREME COURT OF INDIA: CIVIL APPEAL NO. 6693 OF 2022: M/S INDIAN MEDICINES PHARMACEUTICALS CORPORATION Ltd .....Appellants VS. KERALA AYURVEDIC CO-OPERATIVE SOCIETY Ltd & ORS....Respondents.
  21. Web site: IN THE SUPREME COURT OF INDIA: WRIT PETITION (CIVIL) NO. 104 OF 2015 : ANOOP BARANWAL.......PETITIONER VS UNION OF INDIA......RESPONDENT.
  22. Thaniya Kaliyanthil Leela, MASTER THESIS, 'Goddesses of North Malabar An Anthropological Study on Kinship and Ritual in North Malabar', Submitted in partial fulfilment of the MPhil degree Department of Social Anthropology University of Bergan, 2016
  23. News: Medha patkar: 'Declare moratorium on agri-land diversion'. 14 July 2012. The Times of India. 2019-06-24.
  24. News: The quality of justice. Rajagopal. Krishnadas. 2017-04-01. The Hindu. 2019-02-06. 0971-751X.
  25. Web site: PAPERBACK PICKINGS. The Telegraph. Kolkota. 2019-02-08.
  26. Web site: "Constitutional Concerns: Writings on Law and Life", Published by Tulika Books, New Delhi, 2022. 2022-08-22.

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