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Kaleeswaram Raj

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Kaleeswaram Raj
Born
Kerala
NationalityIndian
OccupationLawyer
Years activePresent
Known forCivil, 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][non-primary source needed]

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.[citation needed] He has also written in the law journals.[citation needed]

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]

References

  1. ^ a b "Supreme Court decriminalises adultery in landmark judgment". Reuters. 27 September 2018. Retrieved 6 February 2019.
  2. ^ "PAPERBACK PICKINGS". The Telegraph. Kolkota. Retrieved 6 February 2019.
  3. ^ "'Declare moratorium on agri-land diversion' - Times of India". The Times of India. Retrieved 6 February 2019.
  4. ^ Biswas, Soutik (27 September 2018). "Adultery no longer a crime in India". Retrieved 6 February 2019.
  5. ^ ""The hindu" Adultery argued kaleeswaram raj - Google Search". Retrieved 8 February 2019.
  6. ^ Bench, Bar & (2 August 2018). "#Adultery: It conceives women as a chattel incapable of decision making. It is a kind of paternal protectivism, Kaleeswaram Raj". @barandbench. Retrieved 8 February 2019.
  7. ^ "Meet the lawyer who successfully fought to decriminalise adultery in India". SabrangIndia.in. 12 October 2018. Retrieved 8 February 2019.
  8. ^ "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)" (PDF). Sci.gov.in. Archived from the original (PDF) on 15 July 2019. Retrieved 4 August 2019.
  9. ^ "Government ads should not project political leaders, panel tells SC". thenewsminute.com. 25 February 2015. Retrieved 6 February 2019.
  10. ^ Rajagopal, Krishnadas (26 August 2015). "Liquor policy caused drastic drop in crime rate, Kerala MLA tells SC". The Hindu. ISSN 0971-751X. Retrieved 8 February 2019.
  11. ^ Rajagopal, Krishnadas (29 December 2015). "SC upholds Kerala liquor restrictions". The Hindu. ISSN 0971-751X. Retrieved 8 February 2019.
  12. ^ "SC lobs Rohatgi row to Centre court". The Telegraph. Kolkota. Retrieved 8 February 2019.
  13. ^ Rajagopal, Krishnadas (1 April 2017). "SC: Ban on liquor sale covers hotels, bars too". The Hindu. ISSN 0971-751X. Retrieved 6 February 2019.
  14. ^ "Speeding by private buses: Amicus curiae files report with Kerala HC - Times of India". The Times of India. Retrieved 6 February 2019.
  15. ^ Rajagopal, Krishnadas (6 July 2019). "Supreme Court pulls up Kerala for denying relief to Endosulfan victims". The Hindu. ISSN 0971-751X. Retrieved 8 July 2019.
  16. ^ Bhardwaj, Prachi (6 May 2021). "Maratha Reservation unconstitutional| The timeline of the case and the 3 questions that received unanimous opinions of all 5 judges". SCC Blog. Retrieved 25 May 2021.
  17. ^ "Supreme Court Observer -". www.scobserver.in. Retrieved 25 May 2021.
  18. ^ "IN THE SUPREME COURT OF INDIA: WRIT PETITION(CRIMINAL) NO. 113 OF 2016 : KAUSHAL KISHOR.....Petitioners VS STATE OF UTTAR PRADESH.....Respondents" (PDF).
  19. ^ "IN THE SUPREME COURT OF INDIA: WRIT PETITION(C) NO. 73 OF 2019 : JANHIT ABHIYAN VS UNION OF INDIA" (PDF).
  20. ^ "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" (PDF).
  21. ^ "IN THE SUPREME COURT OF INDIA: WRIT PETITION (CIVIL) NO. 104 OF 2015 : ANOOP BARANWAL.......PETITIONER VS UNION OF INDIA......RESPONDENT" (PDF).
  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. ^ "Medha patkar: 'Declare moratorium on agri-land diversion'". The Times of India. 14 July 2012. Retrieved 24 June 2019.
  24. ^ Rajagopal, Krishnadas (1 April 2017). "The quality of justice". The Hindu. ISSN 0971-751X. Retrieved 6 February 2019.
  25. ^ "PAPERBACK PICKINGS". The Telegraph. Kolkota. Retrieved 8 February 2019.
  26. ^ ""Constitutional Concerns: Writings on Law and Life", Published by Tulika Books, New Delhi, 2022". Retrieved 22 August 2022.
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