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Devan Ramachandran

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Hon'ble Justice
Devan Ramachandran
Judge of Kerala High Court
Incumbent
Assumed office
5 October 2016
Nominated byT. S. Thakur
Appointed byPranab Mukherjee
Personal details
Born (1968-03-19) 19 March 1968 (age 56)
Cochin, Ernakulam, Kerala, India
CitizenshipIndian
Nationality India
SpouseSukanya Devan
Alma materGovernment Law College, Ernakulam
WebsiteHigh Court of Kerala

Devan Ramachandran (born 19 March 1968) (Malayalam: ദേവൻ രാമചന്ദ്രൻ) is an Indian judge who is presently serving as a judge of Kerala High Court.[1][2][3] The High Court of Kerala is the highest court of Judicature for the State of Kerala and Union Territory of Lakshadweep.

Early life and education

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Devan Ramachandran completed his schooling from Bhavans Vidya Mandir, Elamakkara, pre-degree from the Sacred Heart College, Thevara and obtained law degree from Government Law College, Ernakulam.

Career

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He started practicing as an advocate in 1991, under the guidance of his father Senior Advocate Mr. M.P.R. Nair, Barrister-in-Law (Middle Temple- London). He practiced in various modern branches of law including corporate, company and constitutional matters. In recognition of his eminence, the Kerala High Court had engaged services of Sri Devan Ramachandran to be its advocate/counsel when he was just 34 years, making him the youngest one to do so till date. Justice Ramachandran also served as standing counsel for the CBSE, various private and public companies, various banking and financial institutions, including the Indian Banks' Association, the principal financial advisory mechanism to Reserve Bank of India.

Achievements

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He was designated as a 'Senior Advocate' by the High Court of Kerala, in 2015.

The High Court of Kerala had also appointed Justice Devan, while he was a Counsel, to assist as an Amicus Curiae (friend of court) in a suo motu Public Interest Litigation pertaining to the illegal trafficking of children from North India to Kerala.[4]

The Indian Express recognised Justice Devan Ramachandran as a newsmaker in 2019 for his judgments that impacted public life.[5]

Notable cases

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Most recently, Justice Devan Ramachandran, for a Division Bench, had held that the use of the phrase “deaf and dumb” is ethically wrong and technically incorrect, being relic of medieval era. “Hard of hearing” and “incapable of verbal communication” is to be preferred, the Court said.[6][7]

In a first of its kind, Justice Devan Ramachandran sentenced a police officer to imprisonment for having misbehaved with a citizen.[8] This is after, in an earlier significant judgment, Justice Devan Ramachandran has declared the use of disrespectful and abusive words and vocatives by Police against citizens to be “relics of the colonial subjugatory tactics” and hence unconstitutional.[9][10] The State Police Chief had then issued a circular to all officers not to use disrespectful words like “eda”, “podi” and “nee” to address citizens.[11][12]

In the year 2018, Justice Devan delivered another judgment directing the State Police Chief to ensure that the Police Force behaves as a modern, civilized and professional force.[13][14][15]

Justice Devan Ramachandran, speaking for a Division Bench, granted divorce to a woman “in a loveless relationship, reduced to feelings of self-worthlessness and despondency”. He explained The position of a woman “feeling trapped and experiencing asphyxiation – not of breathing air, but of dignity and safety - as one that cannot be easily described.”[16]

In a landmark judgment, pushing for full bodily autonomy for women, especially as regards reproductive rights, Justice Devan Ramachandran delivered judgment declaring that for every girl / woman “her body is her right”.[17]

In another judgment touching on gender sensitivity, Justice Devan declared: “Boys must be taught in school that they should not touch a girl/woman without her explicit consent. They should understand ‘No’ means ‘No’.” [18]

Dr.Vandana Das, a young house surgeon was killed by a patient on duty in May, 2023 in Kerala. The matter came to the court of Justice Devan at the instance of medical students and Kerala University of Health Sciences. In true spirit of constitutional empathy, he declared “she is our daughter”. This intervention lead to the law against attack on medical personnel in Kerala to be made and enforced. After this, the attacks have come down drastically. [19][20] [21]

In 2022, Justice Devan Ramachandran was called upon by young girl students to decide if the “curfew” imposed on them to leave and enter their hostels were justified. Justice Ramachandran, in a landmark judgment held that “no gate, no lock, no bolt, can set upon the freedom of the kind of a girl” and ordered relaxation of the timings of all student hostels in Kerala.[22][23]

In a move to make Kerala an investor friendly destination, Justice Ramachandran has held the long continuing ill practice of Trade Unions to extort money as gawking charges (called “nokkukooli” in Malayalam) illegal.[24][25][26]

During the COVID-19 disruption times, Justice Devan Ramachandran and Justice Kauser Edapagath took up several important issues with respect to the pandemic.The most important was to control the COVID treatment costs in private hospitals.[27][28][29]

In 2020, a notable order authored by Justice Ramachandran relating to a controversial contract granted by the Government of Kerala to an American company called "Sprinklr" for processing the data of patients and persons suspected of COVID-19 in Kerala.[30] Through the order,[31][32][33] Justice Ramachandran, sitting with Justice Ravi, directed the Government to anonymise the entire data before it is handed over to Sprinklr for processing; further injuncting Sprinklr from committing any breach of confidentiality or dealing with the data against the terms of the confidentiality clauses in the agreement. The Columbia University Journal has hailed this order to be "extra ordinary" from the angle of data protection.[34]

The condition of bad roads and flooding in Kochi City and other parts of Kerala has been engaging the High Court through Justice Ramachandran.[35][36][37] However, in the meanwhile a young person died in a pothole and Justice Ramachandran took note of it suo Motu and issued urgent directions, at the same time apologising to the victim's family for the systemic failure that led to the accident.[38][39][40]

Reacting to the death of a pedestrian by electrocution from a snapped overhead line on a public street, Justice Devan initiated a suo motu case against the Electricity Board and issued directions to it to avert such in future.[41][42]

Justice Ramachandran has been writing judgments on the need for protection and conservation of environment, ecology and nature. He has, sitting in Division, banned the use of plastics at the Sabarimala Hills and shrine, including in the "irumudikettu", the traditional offering carried by pilgrims.[43][44] This judgment has now forced Government of Kerala to ban single-use plastics in the whole of Kerala.[45]

Again, Justice Devan Ramachandran, reacting to the horrific damage being caused to ecology by what is commonly called the "Flex Boards" found carelessly placed all over public spaces in Kerala, ordered strict legal regulation of installation and erection of unauthorised Flex boards/ Advertisement Boards/ Billboards / Flags in any public space all over Kerala.[46] This case is still pending and several further orders have been issued, under the concept of continuing mandamus, to ensure that such boards are implicitly regulated as per law.[47][48][49][50] As a direct impact of these orders, the Government of Kerala has issued an order banning "Flex Boards" in the state.[51]

Justice Devan, evolving a new principle termed "Lost Life", ordered payment as special compensation to be paid to the mother of a minor victim of a motor accident who had been reduced to a permanent vegetative state pursuant to the accident and has remained as such for the past 13 years.[52]

Justice Devan Ramachandran ruled, again in a first of its kind judgment, in November 2017, that a minister whilst he is holding such a position cannot file a case against one's own government or its functionaries.[53] The judgment was rendered in case filed by Sri Thomas Chandy, an erstwhile minister in the State of Kerala. The judgment touches upon the aspects of 'Cabinet Confidentiality' and 'Cabinet Solidarity'.[54][55]

Through a judgment delivered in October 2017, in T.M. Thomas v State of Kerala, Justice Devan had called for mechanism ensuring active participation of victims in criminal proceedings along with the State, rather than being a mere outsider to such proceedings.[56] The Director General of Police, in compliance with the above judgment has subsequently issued a circular to honor in letter and spirit the terms of the said judgment.[57]

Justice Devan upholding the autonomy and independence of Universities held that they are not subservient to any Government.[58]

Describing the long human chain formation (queue) in front of liquor shops across the state as an "affront to the dignity of citizenry and loss of self respect", Justice Ramachandran, issued various directions to the State Excise Department to do away with such a practice with consideration for self respect and upholding humanitarian values.[59][60][61][62][63]

In a judgment delivered in 2016, Justice Devan Ramachandran, expressed deep anguish and concern over the deteriorating status of Legal education across the country. Justice Devan, who penned the judgment sitting in Division Bench, directed that the legal education imparted across the country should be done with a trajectory (vision) towards the future.[64]

References

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  1. ^ Appointment order
  2. ^ "Justice Devan Ramachandran". highcourtofkerala.nic.in. Retrieved 2 March 2018.
  3. ^ "High Court to get two new judges". The Hindu. 21 September 2016. ISSN 0971-751X. Retrieved 2 March 2018.
  4. ^ "Children from Bengal, Bihar being trafficked to keep Kerala charity homes running: Police to HC". The Indian Express. 1 August 2014. Retrieved 2 March 2018.
  5. ^ "Newsmaker 2019". Archived from the original on 22 June 2020.
  6. ^ Kaur, Tanveer (4 October 2024). ""It's A Relic From Medieval Era; Ethically & Technically Inaccurate": Kerala HC On Usage Of Term 'Deaf and Dumb'". www.verdictum.in. Retrieved 1 November 2024.
  7. ^ Jolly, Tellmy (3 October 2024). "Usage Of 'Deaf And Dumb' Is Ethically And Technically Inaccurate, Instead Use 'Deaf', 'Hard Of Hearing': Kerala High Court". www.livelaw.in. Retrieved 1 November 2024.
  8. ^ Thomas, Praisy (4 September 2024). "Kerala High Court orders two months' jail for Alathur SI who verbally abused lawyer". Bar and Bench - Indian Legal news. Retrieved 11 September 2024.
  9. ^ "Remind cops to treat public with respect, High Court directs Kerala police chief - The New Indian Express". www.newindianexpress.com. Retrieved 17 September 2021.
  10. ^ "No 'eda poda': Kerala High Court asks police to be polite while interacting with public". The New Indian Express. Retrieved 17 September 2021.
  11. ^ "Stop using 'eda', 'edi', DGP tells Kerala Police". OnManorama. Retrieved 17 September 2021.
  12. ^ "Kerala cops told not to use 'edi or eda' to public, on HC direction". The News Minute. 11 September 2021. Retrieved 17 September 2021.
  13. ^ "Indecent police officers: HC orders strict action". timesofindia.indiatimes.com. 22 November 2018. Retrieved 31 January 2022 – via Times of India News.
  14. ^ "High Court cracks the whip, tells cops to stay disciplined". newindianexpress.com. 23 November 2018. Retrieved 31 January 2022 – via New Indian Express News.
  15. ^ "Every Civilized Nation Requires Its PoliceTo Act With Equanimity Even In The Face Of Extreme Vexation, Instigation Or Stress: Kerala HC". livelaw.in. 10 January 2019. Retrieved 31 January 2022 – via Live Law News.
  16. ^ Rathore, Riya (1 August 2024). "Wife Feeling Trapped In A Loveless Relationship Cannot Be Trivialized; She Cannot Be Forced To Remain In Marriage Against Her Will: Kerala HC". www.verdictum.in. Retrieved 4 August 2024.
  17. ^ "HC nod for MTP for woman citing divorce proceedings". The Times of India. 2 March 2024. ISSN 0971-8257. Retrieved 4 August 2024.
  18. ^ UR, Arya (24 January 2023). "Boys, behave!". The New Indian Express. Retrieved 4 August 2024.
  19. ^ Daily, Keralakaumudi. "'She is our daughter...' Justice Devan Ramachandran gets emotional in court". Keralakaumudi Daily. Retrieved 1 November 2024.
  20. ^ Bureau, The Hindu (10 May 2023). "Kerala High Court flays police for not preventing murder of doctor". The Hindu. ISSN 0971-751X. Retrieved 1 November 2024. {{cite news}}: |last= has generic name (help)
  21. ^ Sebastian, Navya Benny & Sheryl (11 May 2023). "Kollam Doctor Murder | Police Duty To Guard Citizens Even At Cost Of Their Own Lives: Kerala High Court; Police Chief Assures Fresh Protocol Will Be Evolved". www.livelaw.in. Retrieved 1 November 2024.
  22. ^ "Lock troublemakers, why control just women: HC on Calicut medical college hostel curfew". www.onmanorama.com. Retrieved 3 March 2023.
  23. ^ "Kerala HC stresses on value-based education in schools". English.Mathrubhumi. 24 February 2023. Retrieved 3 March 2023.
  24. ^ Varghese, Hannah M. (4 September 2021). "Tarnishes State's Reputation: Kerala High Court Urges Complete Abolition Of Gawking Wages In The State". www.livelaw.in. Retrieved 17 September 2021.
  25. ^ "Nokkukooli: HC asks Kerala govt to outline its plans to end menace". The New Indian Express. Retrieved 17 September 2021.
  26. ^ athira.pn. "'കേരളത്തില്‍ നിന്ന് തുടച്ച് നീക്കണം', നോക്കുകൂലിക്കെതിരെ ഹൈക്കോടതി". Asianet News Network Pvt Ltd (in Malayalam). Retrieved 17 September 2021.
  27. ^ Thomas, Lydia Suzanne (6 May 2021). "Kerala High Court Suggests Toll-Free Covid Helpline Number, Patient Management System And More In Special Sitting". www.livelaw.in. Retrieved 9 May 2021.
  28. ^ "Kerala HC directs govt to introduce uniform tariff for COVID treatment". The Economic Times. Retrieved 9 May 2021.
  29. ^ "Kerala HC for takeover of 50% beds of private hospitals". The Hindu. 6 May 2021. ISSN 0971-751X. Retrieved 9 May 2021.
  30. ^ "Explained: What is the Sprinklr row Kerala govt's Covid-19 response is embroiled in?". 21 April 2020.
  31. ^ "Kerala HC Restrains Sprinklr from Breaching Data Confidentiality; Govt Directed to Anonymize Data & Take Informed Consent [Read Order]". 24 April 2020.
  32. ^ "Sprinkler row: Kerala HC asks govt to anonymize all data collected from COVID-19 patients".
  33. ^ "HC to Kerala: Seek consent, shield privacy".
  34. ^ "Balu Gopalakrishnan v. State of Kerala and Ors".
  35. ^ "PWD engineers should be made accountable for bad roads: Kerala High Court".
  36. ^ "Address frequent flooding, panel told". The Hindu. 7 November 2019.
  37. ^ "Make All Roads Motorable Before 31st January 2020, Kerala HC Directs Govt. [Read Judgment]". 21 October 2019.
  38. ^ "Death of a young man in a pothole". The Hindu. 13 December 2019. Archived from the original on 14 December 2019.
  39. ^ "Palarivattom: Pothole death at Palarivattom: Take action against engineer, Kerala HC tells govt | Kochi News - Times of India". The Times of India. 15 January 2020.
  40. ^ "Outlook India Magazine Online- Read News India, Latest News Analysis, World, Sports, Entertainment | Best Online Magazine India".
  41. ^ "HC registers suo moto case after snapped electric wire kills two". 11 June 2019.
  42. ^ "Kerala HC Initiates Suo Moto Proceedings over Snapped Power Line Claiming Two Lives [Read Order]". 13 June 2019.
  43. ^ "HC imposes total ban on plastic in Sabarimala". The Hindu. 23 July 2018.
  44. ^ "All Forms of Plastic, Including Plastic Articles Carried by Devotees in "Irumudikkettu', Banned in Sabarimala : Kerala HC [ Read Order]". 25 July 2018.
  45. ^ "Kerala govt bans single use plastic from January one". The Economic Times.
  46. ^ "Illegal Flexes, Bill Boards, Advert Boards, Banners, Flags: Kerala HC Tells Authorities to Proceed Against Violators, Including Political Parties[Read Order]". 16 November 2018.
  47. ^ "Illegal Hoardings/Flex boards: Kerala HC Directs Local Self Government Institutions to Initiate Removal; Issues Guidelines [Read Order]". 20 September 2018.
  48. ^ "Kerala: People Installing Flex Banners, Hoardings in Public Places to Face Criminal Prosecution". 20 February 2020.
  49. ^ https://web.archive.org/web/20210519092024/https://english.mathrubhumi.com/news/kerala/remove-illegal-hoardings-flags-from-roadside-within-15-days-hc-1.4489674. Archived from the original on 19 May 2021. {{cite web}}: Missing or empty |title= (help)
  50. ^ "How a Kerala judge walked a tightrope | Kochi News - Times of India". The Times of India. 2 September 2019.
  51. ^ "HC's tight grip results in ban on flex boards". 2 September 2019.
  52. ^ "Applying 'Lost Life Principle' Kerala HC Awards Special Compensation To A Motor Accident Victim's Mother [Read Judgment]". 16 April 2018. Retrieved 17 April 2018 – via Live Law.
  53. ^ "Kerala land encroachment case: HC dismisses minister Thomas Chandy's petition". WION. 14 November 2017. Retrieved 2 March 2018.
  54. ^ "A Minister Can't Invoke Writ Jurisdiction Against His Own Govt Or Its Functionaries: Kerala HC [Read Judgment]". 17 November 2017. Retrieved 2 March 2018 – via Live Law.
  55. ^ "Thomas Chandy's petition unconstitutional: HC". 16 November 2017.
  56. ^ "Kerala Set To Strengthen Role Of Victims In Criminal Jurisprudence System [Read Circular and Judgment]". 26 October 2017. Retrieved 2 March 2018 – via Live Law.
  57. ^ "Kerala Set to Strengthen Role of Victims in Criminal Jurisprudence System [Read Circular and Judgment]". 26 October 2017.
  58. ^ "Universities Not Under Government Control, They Can Act Independently: Kerala HC [Read Judgment]". 23 April 2017. Retrieved 2 March 2018 – via Live Law.
  59. ^ "Having to line up to buy liquor undignified for customers: Kerala High Court". 6 July 2017.
  60. ^ "Long Queue In Front Of Liquor Shops, An Affront To Citizenry And Loss Of Self Respect, Avoid It: Kerala HC Tells Excise Dept [Read Judgment]". 7 July 2017. Retrieved 29 March 2018 – via Live Law.
  61. ^ "Ensure Those Buying Liquor Are Not Treated as Cattle: Kerala HC to Govt". News18. 16 September 2021. Retrieved 17 September 2021.
  62. ^ Varghese, Hannah M. (16 September 2021). ""People Who Buy Liquor Should Not Be Treated Like Cattle":-Kerala High Court Directs Excise Commissioner To Ensure Proper Infrastructure At Liquor Stores". www.livelaw.in. Retrieved 17 September 2021.
  63. ^ "Kerala High Court directs Bevco to abide by Excise Commissioner orders to relocate liquor stores". ANI News. Retrieved 17 September 2021.
  64. ^ "Kerala HC Expresses Anguish Over Deteriorating Status Of Legal Education [Read Judgment]". 19 January 2017. Retrieved 2 March 2018 – via Live Law.
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High Court of Kerala - Judges

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