V. R. Krishna Iyer

From Wikipedia, the free encyclopedia

This is an old revision of this page, as edited by SourceOhWatch (SrotahaUvacha) (talk | contribs) at 02:45, 15 December 2014 (→‎Public Life: External link to his biography page & photo on the official court site). The present address (URL) is a permanent link to this revision, which may differ significantly from the current revision.

Justice V.R. Krishna Iyer
Personal details
Born(1914-11-15)15 November 1914
Palakkad, Malabar district, Madras Presidency, India
Died4 December 2014(2014-12-04) (aged 100)
Kochi, Kerala, India
ResidenceErnakulam
AutobiographyWandering in Many Worlds

Justice V. R. Krishna Iyer (15 Nov 1914 - 4 Dec 2014) was a distinguished Indian judge, earlier a minister, who reformed the criminal justice system and remained a human-rights champion,[1] a crusader for social justice and environment,[2] and a doyen of civil liberties, and stood up, especially for the poor and the underprivileged, throughout life.[3][4] Also a sports enthusiast and a prolific author,[5] he was conferred with the Padma Vibhushan in 1999.

Early life

Justice Vaidyanathapuram Rama Ayyar Krishna Iyer was born at Palakkad, in the Malabar region of the then Madras State. He studied law from Madras, practicing at Thalassery, Malabar.[4] In 1948, when he took to protest torture as an interrogation method by the police, he was imprisoned for a month on a trumped up charge of giving legal-aid to 'communists'.[5]

Public Life

Justice V. R. Krishna Iyer was elected to the Madras Legislative Assembly in 1952, from Thalassery as a non-party, independent candidate.[4] He became minister of law, justice, home, irrigation, power, prisons, social welfare and inland navigation in the first communist government in Kerala headed by E.M.S. Namboodiripad that came to power in 1957. He initiated free legal aid to the poor, jail reforms incorporating the rights of prisoners and set up more courts, and rescue homes for women and children.[5][4] He got several people-oriented laws passed.

He resumed legal practice in August 1959. He lost the 1965 assembly election, contesting again as an independent candidate. He was appointed a judge of the Kerala High Court on July 2, 1968. He was a member of the Law Commission from 1971 to 1973 where he drafted the first comprehensive report on legal-aid, which later lead to the free legal-aid movement in the country.[4] He was elevated as a judge of the Supreme Court on July 17, 1973.

In June 1975, the Allahabad High Court had unseated Prime Minister Indira Gandhi from the Lok Sabha and barred her from it for another six years. Hearing a challenge to this order in the Supreme Court, he was both, blamed for granting a conditional stay, yet at the same time, praised for refusing an unconditional stay on it, to her.[6] Interpreting this as losing the popular mandate to rule, the Opposition called for her resignation. The very next day she declared a state of Emergency in the country.[7]

His landmark judgments include:

  • Shamser Singh case which interpreted the powers of the Cabinet vis-à-vis the President.
  • Maneka Gandhi case which paved the way to expand the plain words of Article 21, "right to life" and "personal liberty", to include many human rights within their meaning now.[8] That the government cannot put fetters on the rights of citizens,[9] nor, should courts get unduly alarmed,[10]when both of them are reacting to a fear of facing all manner of hostile comment, was what he tersely reminded them:

"Dogs may bark, but the caravan of justice passes by"

paraphrasing an immemorial Arab proverb.

  • Ratlam Municipality case, where he started a trend[11] of judges leaving the courtroom to go out there and seeing with their own eyes, the situation on the ground.[12] Moreover, this case would be a forerunner to cases which would be decided later on, on the concepts of "precautionary principle", "polluter pays" and "sustainable development"[13]
  • Muthamma's case.
  • His lonely crusade against the death penalty would lead to a later bench of the court letting it be imposed only in the "rarest of rare" cases.[14]

He made bail conditions humane and directed the government to provide free legal-aid to detainess in prisons facing charges,[4] once ruling that:[15][16]

"Bail is the rule, and jail, the exception"

Along with Justice P. N. Bhagwati, he laid the foundations for the induction of PILs (Public Interest Litigations) in the country with a series of cases,[17] when in one such case, he treated a prisoner’s letter posted from jail as a writ petition,[18] commenting:[1]

"Freedom behind bars is part of our constitutional tryst...If wars are too important to be left to the generals, surely prisoners’ rights are too precious to be left to the jailors"

This revolutionary tool, initially used by public-spirited citizens to file PILs on behalf of sections of society unable to on their own, continues to bring in unheard changes in the day-to-day lives of the people even now, decades later.[19]Observing this, he states:[20]

"To transform the Supreme Court of India into the Supreme Court for Indians was the challenge...When the history of the judiciary in India comes to be written, PIL will be glorified as the noblest ally of the little Indian"

He retired as a judge, on November 14, 1980. He stood for the nation's President in 1987, as the Opposition's candidate against R. Venkitaraman, the ruling Congress's nominee who eventually, would assume office.

In 2002, Justice Iyer inquired into the Gujarat riots as part of a citizen's panel, with retired Justice P.B. Sawant among others. He also headed the Kerala Law Reform Commission in 2009.

Even out of public office he continued to advocate the cause of justice on every forum and in his writings, and his house would always remain open, bustling with all who sought his advice, nearly till death.[21]

100 Years & Death

His 100th birthday was celebrated in Kochi in November, 2014 and a number of programmes were organised by members of the legal fraternity, citizenry and his friends and well-wishers to felicitate him. He had been actively involved in social and political life after retirement, almost till a few weeks when ill-health and advancing age took their toll on him.

He died on 4 December 2014, aged 100.[22][23][24][25]

Justice Iyer's wife predeceased him. He is survived by two sons.

Books

He has to his credit around 70 books, mostly on law, and four travelogues. He has also authored a book in Tamil, Neethimandramum Samanvya Manithanum. There are 105 published books by V. R. Krishna Iyer which includes four travelogues. Wandering in Many Worlds ( ISBN 978-81-317-1835-3 ) is his autobiography. There are around five published books by other authors about him.

Name of the book Year Publisher
Law and the People 1972 Peoples Publishing House, Rani Jhansi Road, New Delhi.
Law, Freedom and Change 1975 Affiliated East West Press Pvt. Ltd., 5, General Patters Road, Madras
Law India, Some Contemporary Challenges 1976 University College of Law, Nagpur.
Jurisprudence and Juris-Conscience à la Gandhi 1976 Gandhi Peace Foundation, 221/3-Deen Dayal Upadhyaya Marg, New Delhi-2
Social Mission of Law 1976 Orient Longmans Ltd., 160, Anna Salai, Madras-2
Law & Social Change and Indian Overview 1978 Publication Bureau, Punjab University, Chandigarh
Social Justice and the Handicapped Humans 1978 The Academy of Legal Publications, Punnan Road, Trivandrum-695001
The Integral Yoga of Public Law and Development in the Context of India 1979 The Institute of Constitutional & Parliamentary Studies, Vithal Bhai Patel House, Rafi Marg, New Delhi
Of Law & Life 1979 Vikas Publishing House Pvt. Ltd., 20/4 Industrial Area, Ghaziabad, U.P.
Life After Death[26] 2005 DC Books, Kottayam
Wandering in Many Worlds[27] 2009 Pearson Education
The Indian Law (Dynamic Dimensions of the Abstract) 2009 Universal Law Publishing

Awards and distinctions

  • Soviet Land Nehru Award, 1968.
  • Sri. Jehangir Gandhi Medal and Award for Industrial Peace, 1982.
  • Distinguished Fellow, Indian Law Institute, New Delhi.
  • The Kumarappa – Reckless Award, 1988. (The Indian Society of Criminology) [28]
  • Baba Saheb B.R. Ambedkar National Award by the Bharatiya Dalit Sahitya Akademi.
  • Ramasramam Award 1992.
  • Title of 'Living Legend of Law' awarded by the International Bar Association in 1995 in recognition of outstanding service to the legal profession internationally and for commitment to the Rule of Law.
  • M. A. Thomas National Human Rights Award for 1998.[29]
  • Padma Vibhushan Award by the President of India in 1999 (the Highest Award next to Bharath Ratna).
  • Recipient of Vyloppilli Award 1999 for the meritorious service in the fields Human Rights, law, administration etc. The Award was given in February 2000 by the Sahrudaya Vedi, Thrissur.
  • 'The Order of Friendship', by President Putin in October 2000, Russia's high state honour for personal contribution in strengthening the ties of traditional and time-tested friendship, co-operation and everlasting affection between the two nations.[30]

References

  1. ^ a b Dam, Shubhankar. "Criminal Rights and Constitutional Wrongs: A View from India (page 718)" (PDF). Singapore Academy of Law Journal. (2013) 25 SAcLJ. pp. 714–735. Retrieved 8 December 2014.
  2. ^ Preston, Hon. Justice Brian J. "A précis of Justice Krishna Iyer 's contribution to the environmental jurisprudence of the Supreme Court of India (5 August 2013)" (PDF). The Land and Environment Court of New South Wales, Australia. Retrieved 7 December 2014.
  3. ^ "A voice for the poor and deprived fades away". The Hindu(Kochi Bureau). 4 December 2014. Retrieved 6 December 2014.
  4. ^ a b c d e f Philip, Shaju (5 December 2014). "Former Supreme Court judge V R Krishna Iyer dead". The Indian Express (Thiruvananthapuram). Retrieved 6 December 2014.
  5. ^ a b c "The Many Lives of Justice Krishna Iyer". The Indian Express. (News Bureau). 5 December 2014. Retrieved 8 December 2014.
  6. ^ Andhyarujina, T. R. (6 December 2014). "Justice for the helpless". The Indian Express. Retrieved 10 December 2014.
  7. ^ Ananth V. Krishna (1 September 2011). India Since Independence: Making Sense Of Indian Politics. Pearson Education India. p. 149. ISBN 978-81-317-3465-0.
  8. ^ Sudhanshu Ranjan (21 March 2014). Justice, Judocracy and Democracy in India: Boundaries and Breaches. Taylor & Francis. pp. 63–. ISBN 978-1-317-80977-7.
  9. ^ "Maneka Gandhi v. Union Of India (page 735)". (Supreme Court of India). [1978 AIR 597] [1978 SCR (2) 621] [1978 SCC (1) 248]. 25 January 1978. p. 115. Retrieved 11 December 2014.
  10. ^ "Re: S. Mulgaokar (page 174)". (Supreme Court of India). [1978 AIR 727] [1978 SCR (3) 162] [1978 SCC (3) 339]. 21 February 1978. p. 12. Retrieved 11 December 2014.
  11. ^ Preston, Hon. Justice Brian J. "A précis of Justice Krishna Iyer 's contribution to the environmental jurisprudence of the Supreme Court of India (5 August 2013) page 8" (PDF). The Land and Environment Court of New South Wales, Australia. pp. 1–8. Retrieved 7 December 2014.
  12. ^ Sudhanshu Ranjan (21 March 2014). Justice, Judocracy and Democracy in India: Boundaries and Breaches. Taylor & Francis. p. 69. ISBN 978-1-317-80977-7.
  13. ^ Thomas Greiber (2006). Judges and the Rule of Law: Creating the Links : Environment, Human Rights and Poverty : Papers and Speeches from an IUCN Environmental Law Programme (ELP) Side Event at the 3rd IUCN World Conservation Congress (WCC) Held in Bangkok, Thailand, 17-25 November 2004. IUCN. p. 28. ISBN 978-2-8317-0915-4.
  14. ^ "Lethal Lottery The Death Penalty in India: A study of Supreme Court judgments in death penalty cases 1950-2006 (pages 63-72)" (PDF). Amnesty International India and People’s Union for Civil Liberties (Tamil Nadu & Puducherry) May 2008. pp. 1–244. Retrieved 14 December 2014.
  15. ^ Raghavan, R. K. (former Director, CBI) (26 November 2011). "Reversal of a dangerous trend". The Hindu. Retrieved 8 December 2014.{{cite news}}: CS1 maint: multiple names: authors list (link)
  16. ^ "State of Rajasthan v. Balchand". [1977 AIR 2447] [1978 SCR (1) 535] [1977 SCC (4) 308]. 20 September 1977. p. 1. Retrieved 9 December 2014.
  17. ^ Preston, Hon. Justice Brian J. "A précis of Justice Krishna Iyer 's contribution to the environmental jurisprudence of the Supreme Court of India (5 August 2013) page 7" (PDF). The Land and Environment Court of New South Wales, Australia. pp. 1–8. Retrieved 7 December 2014.
  18. ^ Forster, Christine M. (University of New South Wales, Sydney); Jivan, Vedna (University of Technology Sydney, Sydney) (2008). "Public Interest Litigation and Human Rights Implementation: The Indian and Australian Experience (page 16)" (PDF). Asian Journal of Comparative Law. The Berkeley Electronic Press. pp. 0–32. Retrieved 8 December 2014.{{cite web}}: CS1 maint: multiple names: authors list (link)
  19. ^ Andhyarujina, T. R. (6 August 2012). "Disturbing trends in judicial activism". The Hindu. Retrieved 8 December 2014.
  20. ^ Krishna Iyer, Justice V. R. (1 February 2003). "A democratic demand". Frontline. 20 (03). Retrieved 10 December 2014.
  21. ^ Baxi, Upendra; Bhushan, Prashant (6 December 2014). "...their respective articles on Justice Krishna Iyer". The Indian Express. Retrieved 10 December 2014.
  22. ^ "Former Supreme Court judge V R Krishna Iyer passes away at 100". NetIndian. Retrieved 4 December 2014.
  23. ^ "Leaving a light, Justice Krishna Iyer passes away". Retrieved 4 December 2014.
  24. ^ "Justice VR Krishna Iyer passes away". Retrieved 4 December 2014.
  25. ^ "Justice VR Krishna Iyer, eminent jurist, dies in Kochi". Retrieved 4 December 2014.
  26. ^ "The Hindu : Book Review / Language Books : Life after death". hindu.com.
  27. ^ "Wandering in Many Worlds"
  28. ^ "Awards". Indian Society of Criminology. Retrieved 11 December 2014.
  29. ^ "M.A. Thomas National Human Rights Award". (Vigil India Movement). Retrieved 12 December 2014.
  30. ^ "President Vladimir Putin awarded the Order of Friendship to prominent Indian public and political figures". Russian Presidential Executive Office. 4 October 2000. Retrieved 15 December 2014.
  • Muslim Law- An analysis of the judgments rendered by Justice V.R. Krishna Iyer" By. Sebastian Champappilly, Southern Law Publishers, Cochin-22
  • Muslim Women ( Protection of Rights on Divorce) Act" By Justice V.R.Krishna Iyer, Eastern Book Company, Lucknow.

External links

Wikimedia Commons has media related to V. R. Krishna Iyer.

Template:Persondata

Retrieved from "https://en.wikipedia.org/w/index.php?title=V._R._Krishna_Iyer&oldid=638135883"