Executive Committee Members of the Law Academy

K.Aiyappan Pillai Dr. N.Narayanan Nair President Director & Secretary Kerala Law Academy Kerala Law Academy

Prof. R.Lekshmana Iyer Dr. N.K. Jayakumar Dr. Lekshmi Nair Advocate Vice-Chancellor Principal National University of Kerala Law Academy Advanced Legal Studies, Law College Kochi

T.K. Sreenarayana Das Nagaraj Narayanan S. Renjith Kumar Advocate Joint Secretary Advocate Ernakulam Kerala Law Academy Thiruvananthapuram Dr. Lekshmi Nair Principal Kerala Law Academy Law College

LEG AL EDUCATION IN KE RA LA The Expe rience of the Kerala Law Academy

The Kerala La w Academy was establi shed at a time when legal education was, pe rhap s, at it s formative stage in the State with two Gove rnment La w Colleges, one at Ernakulam and the othe r at Thi ruvananthapu ram, struggling to sustain them selve s as a result of the pronounced uninte rest and apathy of student s. The plain fact was that for la w at the time, the re were not many take rs. At one time in the late fiftie s there was even a muted suggestion for closing down the Thi ruvananthapu ram La w College.

What were the reasons for this developing gloom? The two year B.L. Degree course then in vogue was rathe r a na rr owly conceived one with empha sis on land la ws , law of cont ract, pe rs onal la ws of Hindu s and Muslim s etc., reflecting the academic afte rglo w of the colo nial preference s.

At the same time the course had no prope r professional orientation eithe r. The procedu ral la ws were out side the cu rr iculum and had to be lea rned during the pe riod of app rentice ship at the end of which the students had to sit for another examination conducted by the Bar Council.

While the course thus lacked proper profess ional orientation, its academic structuring also le ft much to be de sired. La w was not conceived as a social science and it s linkage s with othe r subjects like economics, political science, and sociology were not prope rly app reciated. The se conceptual and perceptional limitations led to the isolation of law from the academic mainstream and debased it as an esoteric branch of study with its own quaint phraseology, narr ow technical skill s and dehumanized logic.

And above all, profess ional and job oppo rtunities for a la w graduate were none too bright at that time. The legal profess ion was ove rcrowded as it continues to be so even today. It had not yet fully branched out into new fields of legal practice having high potentials. Thus academic ste rility, ab sence of inventiveness in cu rr icula r de sign, lack of profess ional orientation and limited profess ional and ca reer oppo rtunitie s cumulatively created a negative ambience for legal education in Kerala in the fifties and early sixtie s.

The reformed th ree -yea r LL.B. Cours e was int roduced in Kerala from the academic yea r 1967-68. The whole curriculum was revised to bring in new subjects including procedural laws; the app renticeship system was abolished; and afte r a few years, in 1972, a new scheme of practical training was incorpo rated in the new cours e.

While thi s reform was radically tran sf orming the whole cha racte r and complexion of the cou rs e, a wind of change was al so blo wing outside the Academy. The role of la w in society and its impo rtance as an instrument of social change began to be increa singly appreciated. Enactment of laws which affected the vital inte rests of variou s section s of the society, legal battle s waged bet ween the reformi st and con servative force s in the count ry, cont rove rs ie s cente ring on amendment s to Con stitution, the inc rea singly effective role played by the High Cou rts and Sup reme Cou rt in checkin g admini strative exce ss es and abu ses, all the se and many othe r facto rs contributed to a heightened inte rest in la w among the student s and the gene ral public. The gradual development and recognition of la w as a social science worthy of seriou s intellectual attention gene rated a ne w awarene ss of the subject among the lite rati.

1 An Inst itut ion of Law per sons

It was at thi s tu rning point in the histo ry of legal education in the State that the Kerala Law Academy eme rged on the scene. It started a la w college in 1968 with only an evening cla ss having ju st 100 student s. By 1970 the in stitution became a full fledged law college with day and evenin g cou rs es.

The Kerala La w Academy Law College is the only one of its kind in the State. Kerala is a State kno wn for the abundance of private college s, for the uses and abuses of educational in stitution s for sectional claim s and pe rs onal gains. The people were therefore a little wary at firs t in thei r response to thi s ne w institution; but they soon found that it was an enti rely ne w kind of private college. It did not represent, like other private in stitutions, any sectio nal, denominational or communal inte rest; it did not levy capitation fee for admi ss ion s. The La w Academy is a society formed by eminent judge s, la wyers and la w teache rs of Kerala . It represented law in all its dimension s-academic, profess ional and ju ridical. It was a unique expe riment - la w pe rs on s of all hue s coming together to run an in stitution of legal learning. No such endeavour has been tried earlie r, and none undertaken in the State in any other profess ional field even afte rw ards.

It is truly secular in all respects and does not represent any sectional, denominational, ethnic, racial or communal interest. A meeting held on the 6.10.1966 at the residence of Adv. S. Narayanan Potti in Cochin attended by (1) Late Adv . S. Narayanan Potti, (legendary Senior lawyer and former Advocate General of Kerala), (2) Late Adv. Kalathil Velayudhan Nair and (3) Late Adv. Easwara Iyer (renowned lawyers, Kerala High Court), (4) Late Justice V. R. Krishna Iyer, (former Judge, Kerala High Court and Supreme Court of ), (5) Late Adv. K. Chandrasekharan, (Senior Advocate and former Cabinet Minister of law in Kerala), (5) Dr. N. Narayanan Nair (academician), (6) Late Justice P. Subramonian Potti (former Chief Justice of Kerala and Gujarat), (7) Late Adv. M.M. Abdul Khader, (former Advocate General, Kerala) (8) Late Justice V. Sivaraman Nair, (former judge, Kerala High Court), and (9) Late M.M. Cheriyan (renowed lawyer), decided to form KLA as a society.

KLA was registered on 17.10.1966 with the following first Executive Committee.

1. Adv. Kalathil Velayudhan Nair, 2. Adv. S. Easwara Iyer, 3. Justice V. R. Krishna Iyer, 4. Adv. K. Chandrasekharan, 5. Justice P. Subramonian Potti, 6. Adv. S. Narayanan Potti (President) 7. Dr. N. Narayanan Nair (Secretary). The first Governing Council of the Academy included the following persons in addition to the members of the Executive Committee: 1. Adv. M. M. Abdul Khader 2. Mr. M. Prabhakaran 3. Justice V. Sivaraman Nair 4. Mr. M. M. Cheriyan

The formal inauguration of KLA was done on 21.10.1967 by Mr. E.M.S. Namboodiripad, the then Chief Minister of Kerala.

2 In 1968 the Government of Kerala leased out an area of eleven acres and forty nine cents at Peroorkada, Trivandrum for establishing the KLA Law College, mainly owing to the keen interest of Late Mr. M.N. Govindan Nair, the then Minister for agriculture, in the development of the institution, when Mr. E.M.S. Namboodiripad, was the Chief Minister. The lease, which was initially for a period of three years was subsequently extended to thirty years and the land was assigned to KLA in 1985 Courses In 1968, the University of Kerala granted affiliation to KLA for providing instruction for the 3 year LL.B (Part time) course with 100 students who are under regular employment. Accordingly classes commenced on 09.09.1968. Later, regular day classes for another batch of 100 students commenced on 22.09.1970. Late Justice Shri. P. Govinda Menon , Retired Judge, High Court of Kerala, was the first Principal in 1968 and Director of Legal Studies from 1969- 1976. In October, 1975 the University of Kerala sanctioned LL.M. Courses in the College. In 1984, the 5 Year LL.B. Degree Course (regular full time course) commenced. The first batch of LLB (five year) students completed the course in 1988-89. A Post graduate course in Business Law viz., Masters in Business Law (M.B.L.) was started in 1995-96. Besides MBL, presently KLA offers two LLM courses with specializations in Administrative Law and International Law. The PhD in Law Programme is offered by the Research Centre, CALSAR, of KLA. Campus KLA campus, apart from the class rooms and Faculty rooms, has a ladies hostel, faculty members’ quarters, staff quarters, Reading/library rooms, separate library block, open air auditorium, seminar and conference halls, multi-purpose stadium, and a building complex accommodating guest house, a bank, consumer store, tea house, canteen etc.

About KLA Director, Dr. N. Narayanan Nair Dr. N. Narayanan Nair is a founder member and present Director of KLA . He was born in Koliyakode, a remote village in Thiruvananthapuram. He is the first PhD in law from the University of Kerala. He completed his LL.M. with first rank from the Kerala University. He holds the record for being Syndicate Member as well as Senate Member of the University of Kerala for the longest period in the history of the University of Kerala. He is also a member of the Bar Council of Kerala continuously since 1990 and served as the Chairman of the Executive Committee of the Bar Council of Kerala for around 20 years, besides being member of several distinguished academic bodies. He was instrumental in establishing NIALS as the Managing Trustee of Bar Council of Kerala Trust and in its transformation as National University of Advanced Legal studies (NUALS). He served as Vice-Chancellor of NUALS for around 18 months. He had travelled to UK, Russia, Europe, U.S.A and many East Asian Countries. He was an active member of the Communist Party of India and his socialist background is reflected in the management of KLA , which is managed in a non commercial manner with a socialistic orientation.

Research Centre The specialist characte r of the Law Academy enabled it to assume a holi stic view of legal education which would include not only doctrinal learning and acquisition of technical skill s but also an active enqui ry into the relation bet ween law and society in the developmental milieu of the country and the role of law in activating the instruments of change in a traditional society in order to rende r ju stice to the weak and the opp ress ed. Fr om thi s point of vie w, study of la w ha s to be supplemented and suppo rted by resea rch and practice of la w to be in spi red by social commitment.

3

The La w Academy, the refore took ea rly step s to provide facilitie s for resea rch and higher studie s in la w even as it was building up the la w college for degree level studie s. Within a pe riod of seven yea rs afte r the sta rting of the college, initiative was taken to establi sh the Cent re for Advanced Legal Studie s and Re sea rch. The Cent re is an autonomou s in stitution with nominee s of Government and rep resentative s of the Govt. La w College and other social scienti sts in the executive committee. The Cent re has no w become a recognized and reputed resea rch in stitution with seve ral students no w doing their resea rch for Ph. D. Degree. The Cent re ha s al so unde rtaken resea rch projects on socially relevant topic s with the aid of ICSS R and othe r organization s.

Jo urnal s

Along with the resea rch work the Cent re ha s taken care to bring out a research jou rnal and some othe r pe riodical s in additio n to the publication of a numbe r of impo rtant books. The Academy La w Revie w, the hal f yearly resea rch jou rnal is no w ente ring the 36th yea r of it s publication and ha s al ready been acclaimed as one of the be st of it s kind publi shed fr om the count ry. Thu s resea rch work ha s been supported and strengthened by the publication.

The Academy is bringing out two jou rnal s; one in Engli sh - The Kerala La w Academy News and Vie ws ; and the othe r in Malayalam -Niyamavum Neethiyum. The firs t one is intended for la wyers , law teachers and students, with empha sis on discu ss ion of contempo rary legal problem s. The second one, the Malayalam jou rnal, is meant for the gene ral public, for creating awarene ss of legal issue s and to promote gene ral legal lite racy.

The process of education cannot be con fined to cla ss room s or its content limited to syllabu s. Thi s is all the mo re relevant in the study of law since the impact of contempo rary socio-political events is felt here more acutely than anywhere else, not to speak of the cascading effects of decisional changes brought about by the courts. So in order to unravel the complexities of such iss ue s, to help student s gain an in sight into the se problem s and to enhance gene ral awarene ss about them, the Academy ha s al way s made it a point to conduct pe riodical semina rs , sympo sia or di scu ss ion s on all socially and legally relevant que stion s. Our expe rience sho ws that this ha s not only enhanced the capacity of the students to comprehend intricate legal iss ues prope rly but al so helped the teache rs , schola rs and public men to analyse them clea rly and put them in prope r pe rs pective. Academic Research and Projects The Center for Advanced Legal Studies and Research (CALSAR), inaugurated by Shri. C. Achutha Menon, Chief Minister of Kerala on 18.12.1974, is the research wing of KLA . The Center, located in the heart of the city at Punnen Road, Statue in the immediate proximity of the Government Secretariat, with a state of the art library, is a recognized Research Center of the Kerala University with excellent facilities for research in law. Some of the PhDs produced are the following 1. Dr. N K Jayakumar, Vice Chancellor, NUALS. 2. Dr. K C Sunny, Professor and Head, Department of law, Kerala University. 3. Dr. Lalitha Sreenath, Professor, S V University, Ananthapur. 4. Dr. Balashankaran, Professor, Madurai Kamaraj University. 5. Dr. S Sivakumar, Professor, Indian Law Institute, New Delhi. 6. Dr. R Ravikumar, Professor, Kerala Law Academy.

4 7. Dr. Lekshmi Nair, Professor, Kerala Law Academy. 8. Dr. Sanoj Rajan, International Committee for Red Cross, South Asia Region. 9. Dr.Rajasekharan Nair, Former Principal, Government law College, Trivandrum. 10. Dr. C Ramakrishnan, Adjunct Professor, Kerala Law Academy. 11. Dr. A. Sampath, Member of Parliament.

The activities of the Center apart from academic research include many research projects on socio-legal problems undertaken by KLA in association with CALSAR, with financial assistance from the ICSSR, the U.G.C., UNESCO, ILO and such other agencies.

Library Services KLA provides the services of three libraries. The library in KLA campus is located in an independent two storied building, with reading space for around 200 students at a time and has substantial number of titles, volumes and law journals including the following. 1. Madras Law Journal 2. All India Reporter, 3. Kerala Law Times 4. Kerala Law Journal 5. Criminal Law Journal 6. Supreme Court Cases 7. International Legal Materials 8. American Journal of International Law 9. Harvard Journal of International Law 10. British Year book of International Law 11. International and Comparative Law Quarterly (UK) 12. International Law Reports 13. Indian Cases 14. Constituent Assembly Debates 15. Transfer of Power Documents 16. Journal of Indian Law Institute 17. Cochin University Law Journal 18. Annual Survey of India Law, 19. All India Service Law Journal, 20. Consumer Protection Judgments, 21. Corporate Courier, 22. Income Tax Reporter, 23. Indian Dissertations Abstracts, 24. Indian Socio-Legal Journal, 25. Current Central Legislation 26. Judgment Today, 27. MIPR

5 The library also provides online service of paid national and international legal sites and resources and hard disk - CD format of All India Reporter and Supreme Court cases, Kerala Law Times. Photostat and Computer facilities are available in the Library. The Library functions from 9 AM to 8.30 PM on all working days.

A second library room in the campus provides lending service of commentaries, treatises and text books of important authors.

The third library is the research library of KLA – CALSAR at Punnen Road, (opposite Hotel Hilton), near Government Secretariat in the city centre, access to which is restricted to students doing research, post graduation, preparing papers for publication or attending important moots, clinical competitions, legal conferences etc, and it is one of the best libraries in Administrative /Public Law in India providing the following foreign journals.

• Harvard Law Review (U.S) • Yale Law Journal (U.S) • Columbia Law Review (U.S) • Arizona Law Review (U.S) • Australian Law Journal (Australia) • Australian Law Reports (Australia) • Public Law (U.K) • Modern Law Review (U.K) • Law Quarterly Review (U.K) • Law and Contemporary Problems (Duke University, U.S) • Current Legal Problems (U.K) • Cambridge Law Journal (U.K) • Annual Survey of Commonwealth Law (U.K) • Commonwealth Law Reports (U.K) • Halsburys Laws of England (4th edition) • Legal Philosophy Series • North Dakota Law Review (U.S) • All England Law Reports (U.K) • U.S Supreme Court Cases. • Administrative Law Review (U.K) • Canadian Law Review • Canadian Bar Review. • Canberra Law Review • Kentucky Law Journal (U.S). • Sessions Law of Kansas (U.S) • Waseda Bulletin of Comparative Law (U.S) • Waseda Proceedings of Comparative Law (U.S)

6 Academy Law Review KLA is publishing the ‘Academy Law Review” continuously for the past 38 years, since 1977 without interruption. The Academy Law Review is a Refereed Research Law Journal and is acclaimed as one of the best in the country and is published bi-annually.

Publications The Academy of legal Publications is the publication wing of KLA established in 1971. It independently undertakes printing, publication and distribution of treatises and other books. The publications include “The Civil Servant under the Law and the Constitution” by Dr. N. Narayanan Nair, “Constitutions and Revolutions” by Prof Dr. Peter. G. Sack, “Private rights Vs Public rights” by Prof. Dr. J.A.G. Griffith, “Federation under the Indian Constitution” by Prof. Dr. V.D. Sebastian, “Social Justice and handicapped Humans’” by Justice V.R. Krishna Iyer. KLA also publishes “Aids to Study” series meant for students of law. Academic Activities

KLA is involved in several academic activities, apart from continuously holding the All-India Moot Court Competition and the National Client Consulting Competition. Conferences, Seminars/ Workshops on legal issues are a regular feature in the campus. An International Conference on Conservation of Forests and Wild Life organized by KLA from 15.12.2012 to 17.12.2012 at KLA campus, on the theme "the legal regime and measures for conservation of the ecological balance and bio diversity of the Western Ghat” had participation of experts and Professors from Belgium, USA, Newzealand, France, South Africa, Hong Kong and Bangladesh along with Indian experts and biologists including Prof. Madhav Gadgil and eminent Professors from the Indian Institute of Science, Bangalore and National Law School, Bangalore. Two day National Workshop on "Emerging Facets of Intellectual Property Rights in the New Era" held on 16th and 17th November, 2012 at KLA Campus, was another important programme. An international seminar on Human trafficking led by Prof. Dr Rosa Paty of St Thomas University, Miami, Florida, USA, and Dr Manoj Kumar Sinha, Director, Indian Law Institute, New Delhi and 3 day - night Workshop on Alternative Dispute Resolution (ADR) held on 24th, 25th and 26th of January 2015 in association with KELSA and High Court Mediation Centre are some of the recent academic programmes.

Moo t Courts and Prac tical Trai ning and Int er natio nal Ex posu re

To sharpen the skills of advocacy and lawyering of students, they requi re specialized and indepth training. For thi s pu rpose a moot cou rt society was formed in 1989. The training module involve s the development of the art of drafting, beside s helping them to acqui re proficie ncy in articulation and analy sis of legal and factual iss ues, interpretation, resea rch, orato ry skills, negotiation, mediation, conciliation, arbit ration, inculcation of cou rt manne rs , technique s of inte rvie wing and coun selling client s and analyzing their problem s, finding out legal remedie s and examination of witne ss es.

The quality and standa rd of a law school and it s top ranking student s are ea sily di sce rnible fr om the va riou s national competition s of moot cou rt, moot arbit ration, client coun selling etc, whe re the best of va riou s National La w Unive rs itie s/Law School s compete with the best of othe r La w School s/College s.

7 It is a matte r of pride and prestige that teams fr om Kerala La w Academy have won in competitions several times and with consistency ove r the teams of student s fr om the National La w Unive rs itie s/la w school s and othe r top la w school s, proving that the top ranking student s of the Academy are among the best in India beside s the high quality of training impa rted by the Academy.

The Moot Cou rt Society give s special training to student s to pa rticipate in reno wned Moot Cou rt Competition s organized at the national and inte rnational level s. It is a matter of credit for the society that the students trained by the society and the Kerala Law Academy Law College have won laurel s in several such competition s including the inte rnationally renown ed Philip.C. Jess up Inte rnational Moot Competition held annually in Washington D.C., USA .

The follo wing student s fr om the Kerala La w Academy, were selected after national rou nds to rep resent India in the Philip C. Jessup Inte rnational Moot competition held at Washingt on, U.S.A.

1994 -Pr etty Elizabeth Punnoo se and Nandini Morr is 1996 -Dimple Mohan and Sindhu Santhalingam 1997 -Thu sha ra Jame s and Rekha Pillai [They stood 4th at the inte rnational level ] 1999 -Sagee S.G and Rahima. A 2000 -Niyatha Sr iniva sa and Lek shmi Devi Somanath.

The follo wing student s fr om the Kerala La w Academy, were selected after national rounds to rep resent India in the Stet son Inte rnational Envi ronmental La w competition held at Flo rida, U.S.A.

2002 -Mariyam Niss ar and Laxmi N.Menon 2003 -Linda Fr anci s and Anupama 2005 -Maith ri Sr ikant and Laxmi Mohanda s 2010 -Janapriya and Deepa

Furthe r, since 1997, student s fr om the La w Academy have continuou sly rep resented India at the Willem C. Vis International Annual Moot Ar bit ration Competition at Vienna, Austria. Student s fr om the Academy have al so rep resented India at the Loui s M.B rown Inte rnational Client Counselling competition at Dunedin, New Zealand in 2001 and in the Inte rnational Maritime Moot Ar bit ration in Australia and Singapo re in 2002 and 2004 respectively. In 2005, two student s fr om the College have rep resented the Second Annual W ILLE M C. VIS (EAS T) Inte rnational Comme rcial Arbit ration Moot Cou rt Competition at City Unive rsity of HongKong. In 2010 two students fr om the college were selected to rep resent India in the Stet son International Envi ronmental Moot Court competitio n held in Flo rida USA . Be side s, eve ry yea r, the stude nts of the Law Academy participate in several Moot Court Competition s at the National level, winning mos t of them.

Competitio ns

Apa rt fr om giving training to the student s, the society al so sta rted in 1990 an All India Moot Cou rt Competition for la w student s at the National Level for giving the student s greate r expo sure in legal analy sis and orato ry skill s and to inculcate in them a spi rit of competition. Presently the said All India Moot Court Competition ha s succe ssf ully entered its 23r d year. The said competition for The Kerala Law Academy Trophy is the third olde st moot court competition in the count ry (The olde st competiti on is the Jess up (N ational Round s) sta rted in 1978 and the second olde st one is the Ba r Council of India National Competition sta rted in 1989 ). 8

More signi ficant is the fact that the Kerala La w Academy All India moot cou rt competition attract s the highe st numbe r of pa rticipant s an d ha s the highe st numbe r of pa rticipating la w school s/ college s among the va rious national moot cou rt competition s in India and is recognized in the legal ci rcle s as one of the be st in India, being a conve rging point for Pr ofess ors, la w teache rs and academic s fr om va riou s Univers itie s of India and la wyers of repute, and for being the most neut ral and unbiased one. The highli ght of the competition is it s declared policy that the hos t team from Academy will not conte st beyond the quarte r final stage. The National Client Inte rvie wing and Coun selling competition conducted by the Kerala La w Academy is anothe r prestigious national competition attracting large number of participant law schools from va rious pa rts of the nation and is into it s 12 th edition thi s yea r, since it s launch in 2001.

Visitors Many eminent and distinguished personalities in the field of Law have visited the KLA campus and taken active part in the academic activities or programmes of the Academy. Besides, Late Justice V. R. Krishnan Iyer and Late Shri. Justice P. Subramanian Potti, former Chief Justice of High Courts of Kerala and Gujarat, who were part of KLA, some of the visitors include the following.

Prof. Macwhinney and Prof. J.E. Richardson of Australia (28th February, 1972 ) Dr. Heinrich Teoplitz, (Chief Justice of G.D.R.) and Dr. Walter Baur, (Secretary General of Association of lawyers, G.D.R.,) Freidrich Wolff, (a barrister of G.D.R.) and Udo Wolff, (Editor, Law Journal of the Association of Lawyers. G.D.R.) (28th February, 1974 ), Prof . Paul Marcus, Dean, School of Law, University of Arizona, U.S.A (1988 ) Prof. Jan Pillai, Temple University School of Law, USA (1998 ) in the Campus , Prof . Deedika Udagamma, Head , Dept of Law, University of Colombo, Prof . J A G. Griffith , London School of Economics, Prof . Peter. G. Sack, Australian National University, Dr. Upendra Baxi, Former Vice Chancellor, Delhi University , Prof. Dr. Frank Fleerackers and Prof. Dr. Diederick, ( KU Leuven University, Brussels), Justice P.N. Bhagawathi, Justice A M Ahmad , Justice K.G. Balakrishnan, (former Chief Justice s of India ), Justice Jaganatha Rao , Justice K.T. Thomas, Justice Markendeya Katju, Justice A K Patnaik ( Former Supreme Court Judges).

Alumni

The Alumni of the Academy are highly placed in various fields of life and hold pivotal and significant position in the political and social life of Kerala. They include Honourable Mr. Justice Kurien Joseph, former Chief Justice of High Court of Himachal Pradesh and present judge of the Supreme Court of India and several Honourable judges of the High Court and subordinate judiciary as well as several present and former Cabinet Ministers in the State, former Central Ministers, Vice Chancellors, Principals, Law Professors. It is a matter of pride that the alumni of KLA constitute about 20% of the subordinate judiciary. Most of the Alumni hold high positions in society as leading and reputed lawyers in the respective Bars and many others hold top positions in the Government, Public Sector, politics and other walks of life and as Corporate Legal Heads.

9 Placements The placement cell of the institution provides opportunities to the selected students and core group students and is in contact with leading legal firms, corporate and establishments. Placement Cell is also in charge of internship programme of students.

L. A. Court Cent re

The college has al so sta rted the Law Academy Court Centre (LA Court Cent re) at Vanchiyoo r nea r the Thi ruvananthapu ram District Court complex to facilitate bette r practical training. The LA Cou rt Cent re give s guidance to LL.B. student s vi siting courts/advocate s’ chamber as part of their practical training which forms a signi ficant segment of the LL.B. cu rr iculum. The LA Cou rt Cent re organize s training in a pha sed manne r so that student s get an opportunity to vi sit all type s of cour ts du ring thei r training pe riod. The reco rds wr itten by the student s are ca refully gone th rough daily and approp riate in struction s iss ued to them. The student s’ training is monitored eve ry day by lawye rs at the Cent re and ass ess ment made accordingly. This gives the students an opportunity to familia rize themselves with cou rt practice and procedu re.

In 2004, a clinical legal education and training Centre was started to help candidates to prepare for the judicial office rs’ te st. This Centre impa rts in struction s to enable student s to grasp the int ricacie s of va riou s statutes and cou rt procedu res and to ma ster co urt technique s.

Diver sifica tion of courses

Another area on which the Centre and the Academy have focu sed attention is the dive rsification of law cou rs es in orde r to cater to the different requirements of di fferent sections like government and public sector employees, legislators, lawyers, business men etc. Thus Part time Post Gr aduate Diploma cours es are being conducted by the Centre in Administrative La w, Indu strial La w, Legi slative Pr oce ss , La w of Co-ope ration, Environmental La w and Con sume r Pr otection Law. Such cours es, it is hoped, would enhance the professional skill s and kno wledge in the cho sen field s of work, for the office rs and la wye rs . Or ientation cou rses for legi slators and judge s are al so planned for the futu re.

As regards the ba sic legal education at the LL.B level, ca re ha s been taken by the Academy to enrich the content s of the cou rs e. Coaching sta rts as ea rly as po ss ible in the academic year and ve ry few classes are generally lost. The regular teaching is supplemented by annual extension lectu res by eminent teache rs on va rious subjects and cla ss te sts are conducted at lea st once a year.

Legal Aid Cli nic s

The Law Academy ha s laid great stress on ext ra-curr icula r activitie s, especially on legal aid work, in order to give the educative proce ss , a human pe rs pective and social dimension. The Law Academy La w College is the firs t in stitution in the State to take up legal aid wor k on a mass ive scale. A legal aid clinic, with regula r legal advice service has been functioning in the College for seve ral yea rs no w. A number of legal aid camp s eithe r singly or in co -ope ration with other oranization s, have been organized by the legal aid clinic. In addition to this the clinic al so organize s week long pa ra-legal training for village level social worke rs so as to enable them to di ss eminate legal kno wledge among the people.

10

Wide spread student participation in all the activities has been the hallmark of the administration of the La w Academy Law College. This has been achieved by a truly democ ratic app roach adopted by the college authorities to wards the students and their problem s. No in stitutional ba rr iers , no emotional chasm, exi st bet ween the students and the college administration. The initiative of the students ha s always been sought for and encouraged, thereby giving ample scope for the exp ression of thei r creative talents and constructive idea s. It is becau se of thi s sen se of involvement of the student s, that the Academy La w College ha s been able to avoid, all th rough the yea rs , pa ralyzing strike s, violent cla she s and recurr ing tu rmoil which have afflicted many othe r in stitution s in ou r State fr om time to time.

Exce ssive political activities of the student s have some times been a scribed a s the rea son for campu s violence and student unrest. Academy Law College, perhaps has got a larger proportion of student politician s than any othe r college in the State and becau se o f this it ought to have expe rienced the highe st deg ree of student unrest and faced the fie rcest struggle s. Thi s ha s not happened and the college ha s al way s been able to maintain a peace ful campus atmosphere. It therefore, appea rs that the danger doe s not lie in politics as such, but in the inept handling of student management relation s leading to a pe rmanent divide between the two with the con sequent sen se of alienation among the student s and fr ustration on the pa rt of the college autho ritie s.

An orga niza tion of th e peo ple

Fr om what is discussed above it could be seen that The Kerala Law Academy as an organization of law pe rsons, has all along tried to maintain a broad perspective on legal education by giving equal importance to running of regula r cou rses as well as conducting research, classroom studies, extra-curr icula r activities acquisition of profess ional skills be sides ful filment of social commitment s. Though much remain s to be done, it ha s al ready achie ved much that ha s not been po ss ible for gove rnment or unive rs ity in stitution s which have ample financial resou rce s. The Academy has done what it could, in spite of seve re con straint s on it s resources. The expe rience of the Academy shows that a non-governmental organization with limited resou rce s could make signi ficant achievement s with prope r planning, dedicated work, effective pa rticipation by students and sustained suppo rt from the public.

The Kerala Law Academy feels that much remains to be done in the field of legal education. The Academy has it sel f emerged as a national law Cent re whe re legal studie s and resea rch, acqui sition of profess ional skill s and pu rs uit of scholars hip, policy guidance and performance evaluation, clinical assistance and popularization of legal knowledge are all given due impo rtance. It is in the process of becoming an in stitution of national excellence, vi rtually a univers ity of la w with socialist orientation and humanist vi sion.

The Academy propo ses to achieve thi s goal with people ’s participation and intends to build up a g rass-root level suppo rt base by identifying it self with the people ’s causes, by u sing the instrumentality of la w to seek solution s to the problem s of the opp ress ed and dep rived in the society. With the active involvement of it s student s, old student s, friend s and suppo rte rs , the Academy hopes to create a net work of social action group s and legal aid units th roughout the State. The se unit s would attempt to create a climate of legality and ju stice in which fundamental fr eedom would be protected and the ba sic need s of the poo r taken ca re of. Th rough thi s proce ss the Academy would also grow up, build furthe r upon the foundation al ready laid and develop it self into a truly people’s organization.

11

THE KE RA LA LAW ACAD EM Y LAW COLLEGE AND FIV E YEAR LL.B. DEG REE COURSE

DR . N. NARAYANAN NAIR

The field of legal education ha s witness ed seve ral reforms both structural and co smetic du ring the last fou r decades. All the se reforms were designed to improve the quality and conduct of legal education with a vie w to equipping and galvanizing the Legal profess ion for bette r service. The reforms were intended to make the study of law more comprehensive and tho rough so that the student s could gain more proficiency and ma ste ry ove r the subject. The reforms, it was hoped, would replace the casu al attitude of law student s with a more devoted and profess ional app roach.

Unde r the Advocate s Act, 1961 it is the respon sibility of the Bar Council of India to promote legal education and lay do wn standa rds of such education in con sultation with the Unive rsitie s. In exe rci se of the function, the Bar Council has of late launched several measures to revamp the legal -education system in the count ry. A brie f account of the mo re impo rtant of such reforms is given belo w for a prope r app reciation of the magnitude and efficiency of the efforts made to bette r the legal education system.

Till 1967 the cou rs e for deg ree in la w was of two yea rs’ du ration. In orde r to make the study of la w mo re inten sive and exhau stive, the du ration of the cou rs e was changed to th ree yea rs fr om 1967.

Not with standing the provi sion s in the Advocate s Act requi ring the Ba r Council of India to evolve scheme s for qualitative upg radation of the cou rse, it had remained for long a pa ss ive observer without taking any innovative and effective mea sure to restructu re the course. Of late, the Ba r Council has sta rted taking keene r and mo re active inte rest in matte rs connected with legal education. This ha s led to the introduction of seve ral far-reaching reforms which have overnight changed the pattern and complexion of legal education in the country. A major reform in thi s di rection is the int roduction of five-yea r LL. B. Cou rs e in the yea r 1984. It was concei ved and evolve d by the expe rt Legal Education Committee constituted by the Ba r Council of India under Section 10(b) of the Advocates Act. The Scheme was the fruit of the committee’s untiring efforts and delibe ration s for ove r seven years . It was intended to restructu re and refurbi sh the system. It aimed at imp roved quality of legal education th rough selective admi ss ion, bette r teaching methods, improved curr iculum and up -dated syllabi, compulsory prog ramme of practical training and strict adhe rence to no rms and high standard.

One of the factors debilitating the system of legal education and which stulti fies the efforts at reform is it s failu re to attract talented and brilliant youngste rs to the law Cou rs e. The new scheme is an attempt to induct youngsters to the field of legal studies immediately on successf ul completion of the 10+2 stage. It was hoped that the scheme would wean away bright stude nts from the mainstream of gene ral education/technical cou rs es and put them in the groove of legal studie s.

Anothe r con spicuou s development in the field of legal education is the establi shment of the ‘National La w School of India ’ at Bangalore in 1987 unde r the aegi s of the Bar Council of India.. The Institution is dedicated to the pu rs uit of excellence in legal studie s. The idea

12

of the Ba r Council in establi shing the school is to have a model centre for legal studie s for the whole of India. The main objective of the school is to produce competent, con scientiou s and kno wledgeable la wye rs who will uphold the lo fty tradition s of the profess ion. Since selection to the school is th rough an all India ent rance te st only the be st fr om among the eligible stude nts will be admitted to the course. The National Law School is fully residential and the cu rriculum for the undergraduate cours e in the National Law School is formulated with a view to providing an integ rated unde rstanding of Law in society in a developmental context. In furthe rance of this strategy, social science modules are integrated with modules in law subjects. This provides facilitie s for lea rning in a multidisciplina ry system. The Five -Yea r unde rgraduate cou rs e leads to the deg ree s of B. A., LL.B. (H ons.). But the snag s about the school are that (i) it s intake capacity is limited; and (ii ) only stude nts belonging to the affluent sections of the society will be able to join the school, as it i s too expen sive. The fee cha rged by it i s very high. The annual fee pe r student come s to mo re than Rs.60,000/ - apa rt fr om the ho stel fee of around Rs.10,000 pe r year. Simila r la w School s have been establi shed in othe r pa rts of the country, viz. Jodhp ur, Hyde rabad, Bhopal, Kolkata, Raipur, Kochi etc.

The foregoing di scu ss ion s would sho w that at present three stream s of legal education are concu rr ently functioning in the count ry for the grant of the deg ree in la w: the th ree yea r cou rs e in vogue from 1967 which include s the evening cou rs e as well; the five year LL.B cou rs e int roduced in 1984, and the five yea r B. A. LL.B., (H ons.) cou rs e conducted by the National La w Schools. All the three stream s serve the student community well though in different ways.

The re is a raging controve rsy as to whethe r the three year LL.B. cou rs e should continue or not. While int roducing the five year cou rse the idea was that the exi sting th ree yea r LL.B. cou rs e could be phased out. The opponent s of the th ree yea r cours e argue that it s continuance result s in diluting the standard of legal education and it will result in unde rmining the five yea r LL.B. Scheme evolved by the Ba r Council of India. The comparative me rit of each stream is not di scu ss ed he re. Each has it s own me rits and de fect s. The product s of the Five yea r cours e have proved to be excellent in all fields of legal practice. It is a fact the LL.B. three year cou rse has al so produced brilliant lawyers , judge s and law teachers . The LL.B three year and five year cou rs es because of their wide sw ay in intake, play a significant role in spreading the me ss age of la w to every nook and co rne r of the count ry. Hence the pragmatic approach would be to continue the th ree yea r cou rs e with its evening sess ion concu rr ently with the five year cours es as at present till a compa rative ass ess ment of the cou rs es is made in due cou rs e.

While launching the five yea r LL.B. scheme it was hoped that the cou rs e would become the cent re of att raction for student s with excellent academic record and that the re would be qualitative change in the calibre of student s joining the cours e. Generally, it still remain s a far cry as far as the la w college s in the count ry are concerned. In Kerala al so the po sition is not di fferent. Here the Th ree yea r cou rs e is as popula r as the Five year cou rs e.

As yea rs pa ss by, the numbe r of applicant s for joining LL.B. cou rs e of both the stream s is increa sing. This shows that legal education is still rated high by the student population.

13

The introduction of the five yea r cou rs e did not initially succeed in att racting the be st brain s from among the student s pass ing the Plu s Two examination eve ry yea r. Immediately afte r the announcement of the result s of SS LC/ Plu s Two examinations the mediamen inte rvie w the rank holde rs for ascertaining their preference for furthe r study. If we analy se the inte rvie ws with the rank holde rs du ring the last decade, we will find that their preference ha s al way s been for more prestigious profess ional cours es like medicine, engineering, agricultu re etc. which offer bette r empl oyment and ca ree r prospect s. The second be st of the Plu s Two student s go for the study of science. The continuance of the three -yea r cou rs e may enable such pe rs ons to join the Law Cou rse after graduation. In effect a sizeable pe rcentage of tho se joining the five yea r cou rs e ea rlie r was mo stly second rate student s or wors e. Howeve r, with the establi shment of national law school s in different pa rts of the count ry, the situation ha s changed. Since 1989, the La w Academy has al so brought lot of innovation s in methodologie s and training in legal education with special empha sis on the Five yea r cou rs e and clinical training. Thu s the five yea r cou rse in the La w Academy ha s been able to att ract the be st brain s fr om the plu s two level from Kerala like the national law schools. Furthe r the Kerala Law Academy ha s formulated a scheme for admitting only the be st fr om among the student s who opt for legal study and for giving them inten sive training and coaching.

The salient features of the five yea r scheme int roduced by the Kerala La w Academy are brie fly outlined belo w:

(i) Admiss ion to the 1st year of the Five Year course will be mainly on the ba sis of merit. The Selection of candidates for admission to the B.A. LLB Course and 50% seats in the B.Com LLB Course will be determined taking into account (1) the pe rf ormance in the ent rance te st conducted by LBS (2) Marks secu red in the quali fying examination and (3) inte rvie w. The remaining 50% seats in the B.Com LLB Course will be filled by admitting candidates from the select list forwarded by the Commissioner for Entrance Examinations, Govt. of Kerala.

(ii ) A Moot Cou rt Society is functioning in the college. The membe rs hip of the society is optional. The students are expected to join the society when they join the firs t yea r of the cou rs e. The student s who join the Society will be given special training. The main object of the special class es is to make the students all - rounde rs be side s enabling them to unde rs tand and appreciate the role of la w in an eve r changing society. These special class es will be conducted out side no rmal working hou rs and backg round pape rs will be supplied to them in advance. For the special cla ss es and training and backg round papers etc. a special fee will be realized from them during each yea r. There will be regula r te st papers for evaluating the students in the special class es. The rank s secu red in the te sts will be the basis for further ass ignment and placement s.

(iii ) Profess ional legal educatio n demand s the development of intellectual abilitie s and communication skill s. With thi s end in vie w, training in elocution will be given to the firs t year students. During the second year, debates will be organized. All the student s of the special cla ss es shall be requi red to pa rticipate in the debate s, by turn without exception. The debates will be on iss ue s of topical inte rest in va rious field s like La w, Development, Socio -economic Pr oblem s, Politic s and the like. Participation in debate s will enable the student s to shed their innate shyne ss and to face any audience with confidence, courage and conviction. It will sha rpen

14

thei r critical and creative facultie s and train them to articulate their vie ws with alac rity, cla rity and preci sion.

(iv ) Each student will be requi red to unde rtake a project work eve ry year from the fifth semeste r of the cours e onwards. Thi s will give necess ary training to the students to tackle problem s confidently and imaginatively and to apply legal principle s in practical situation s. Ass ignment s ba sed on enactment s will be given to thi rd yea r student s who have to complete them within a pe riod of th ree years . Simila rly, seventh semeste r student s will be given assignments based on decisions. The assignments have to be completed within two years. These ass ignment s mu st be prepa red by group di scu ss ion and th rough semina rs . Ba sed on the ca se studie s unde rtaken, the student s will be requi red to pa rticipate in semina rs , di scu ss ions etc, for projecting thei r point s of views .

(v) Problems will be assigned to groups consisting of two students each from the 5th seme ste r on wards. Thi s is to prepa re them for a moot ba sed on the ass igned problem and they have to con duct at lea st one Moot Court eve ry year. Each student will be required to prepa re a memo rial al so of about twenty five page s ba sed on the problem s ass igned to them. So much so eve ry student is expected to prepa re and pa rticipate in th ree moot cou rts du ring the pe riod of the five yea rs . Thi s moot court practice will equip the student s to meet the challenge s of the legal profess ion.

(vi ) To help the student s in the ass ignment work, moot cou rt work, etc. the student s in the fifth to eighth seme ste rs are grouped in batche s of not exceeding twenty each, and in the final year not exceeding ten each. Each group will be guided by one teacher of the College, who is given the cha rge of the group.

(vii ) Pers picuou s, cogent and cohe rent writing is an essential prerequi site for succe ss in the legal profess ion. Hence wr iting skill s have to be developed in la w student s. With this end in view, essay competitions will be organized pe riodically. All the students of the special classes will be compul sorily requi red to take pa rt in the competition. Thi s will give them prope r training to develop thei r wr iting skill s. They will al so be given training in the art of chie f examination, cross-examination and re-examination of witne sses, intervie wing and counselling of client, art of negotiation and mediation and in concialiation and arbit ration.

(viii ) The final seme ste r student s, in addition to thei r cou rt visit s etc., will be expo sed to a few lectu res by prominent membe rs of the Ba r on Court Fee s Act, Suit Valuation Act, Stamp Act etc.

(ix) Fifteen student s from each class will be selected by the college to find suitable placement s in the chambers of la wye rs du ring vacation s and holiday s. Each student will be placed with or linked to a leading la wye r, who is clo sely connected with the Academy and who is practi sing in the locality fr om which the student hail s. The placement s will provide the students with facilitie s for watching leading la wye rs at work fr om clo se qua rte rs and for familiarizing themselve s with the complexities of legal process and legal drafting. A report fr om the Advocate unde r whom the student is placed about hi s pe rf ormance will al so be obtained.

15

(x) The Academy will strive to inculcate in the student s a strong and la sting legal aid cultu re. They will be guided and encou raged to rende r legal aid to the society in general and to the poo r in pa rticula r.

The scheme outlined above has converted the Law Academy Law College into a common man ’s brand of a Law School of nati onal excellence. Almost all the facilitie s existing at the National La w Schools are made available to the student s of the Academy at relatively lo w co st. Implementation of the scheme in right ea rne st ha s gone a long way in spotting out talent and helping them to unfold thei r pe rs onality. The scheme make s the Academy a nu rs ery for brilliant la wye rs and ju rists of tomo rr ow.

16

NORMS FO R AD MISSION TO INTEG RATED FIV E YEAR B. A., LL.B. DEG REE AND B.Com LL.B. DEGREE COURS ES

1. Admi ss ion to the Integrated Five -yea r B. A., LL.B and B.Com Cou rs e in the Kerala La w Academy La w College will be made mai nly on the ba sis of me rit.

2. Only those students who have passed Higher Secondary Examination of the Government of Kerala or any othe r equivalent examination with not less than 45 % of the agg regate ma rks in the General catego ry and 40 % ma rks in the catego ry of SC, ST are eligible to seek admi ss ion to the firs t seme ste r of the Integ rated Five Yea r B. A., LL.B. and B.Com Cou rs es.

3. Admission to the Integrated Five Year B.A. LL.B course and 50% seats in the Integrated Five Year B. Com LL.B Course will be made on the basis of merit which will be determined taking into account (1) the performance in the entrance test, (2) marks secu red in the quali fying examination and (3) inte rvie w. Remaining 50% seats in the B.Com LL.B Course will be filled by admitting candidates from the select list forwarded by the Commissioner for Entrance Examinations, Govt. of Kerala.

4. Taking the above factors into account, the Academy ha s evolved the follo wing no rms for admi ss ion to the firs t seme ste r of the Integ rated Five yea r B. A., LL.B Cou rs e and 50% seats in the B.Com LL.B Courses.

Total final Index ma rks will be 200 (Ent rance Test: 120, quali fying examination: 50 and inte rvie w: 30 )

UNI TARY DEGREE COURS E IN LAW (TH REE YEAR LL.B ) 1. Admission to the Unitary Degree Course in Law in the Kerala Law Academy Law College will be made mainly on the ba sis of me rit.

2. Only those students who have passed any Bachelor’s degree examination of the University of Kerala or any othe r equivalent examination with not less than 45 % ma rks in the agg regate (Part I + Part II + Part III) in the General Catego ry and 40 % ma rks (Part I + Part II + Part III) in the catego ry of SC, ST are eligi ble to seek admi ss ion to the firs t seme ste r of the Unita ry Deg ree Cou rs e in La w.

3. Admi ss ion will be made on the basis of me rit dete rmined on the ba sis of the pe rcentage of ma rks secured in the qualifying deg ree examination and pe rs onal intervie w.

4. The Unitary Degree Course in Law (evening) cours e shall continue.

17

THE KERALA LAW ACADEMY

The Kerala Law Academy registered on October 17, 1958 under the - Cochin Literary, Scientific and Charitable Societies Registration Act (XII of 1955) was formally inaugurated on 21st October, 1967 by Shri. E.M.S. Namboodiripad, the then Chief Minister of Kerala. The Academy, quite a novel type of institution in Kerala, is set up broadly on the pattern of the Indian Law Institute, New Delhi.

Management

The Management of the affairs of the Academy is entrusted in accordance with the Rules and Regulations of the Academy to the Governing Council and Executive Committee. The members of the Executive Committee and Governing Council are:

1. Shri. K. Aiyappan Pillai, Advocate, President, Kerala Law Academy Thiruvananthapuram. 2. Dr. N. Narayanan Nair, Advocate, Director and Secretary, Kerala Law Academy, Thiruvananthapuram.

3. Shri. M.M. Madhavan Potti Mammannur Madom, TC 36/689 Perumthanni, Thiruvananthapuram-8 4. Prof. R. Lekshmana Iyer, Advocate, Thiruvananthapuram

5. Prof. A. Gopinathan Pillai “Goureesam”, K.P. 355(1), V.P. Thampy Road, Kudappanakunnu, Thiruvananthapuram-43

6 . Dr. N.K. Jayakumar, Vice Chancellor, National University of Advanced Legal Studies, Kochi.

7. Shri. Nagaraj Narayanan Advocate, Joint Secretary, Kerala Law Academy, Thiruvananthapuram.

8. Shri. Koliyacode N. Krishnan Nair, Advocate,

Thirivananthapuram.

9. Smt. P. Lekshmy Nair, Principal, Kerala Law Academy, Law College 44, Padma Nagar, Fort, Thiruvananthapuram

18

11. Shri. A.Mohamed Iqbal

Advocate 28, Thopil Nagar, Muttada Thi ruvananthapu ram.

12. Shri. Kazhakkuttom K.S. Narayanan Nai r Advocate, Vanchiyoor, Thiruvananthapu ram

13. S hri. S. Renjit Kuma r, Advocate Anupama, Netti rachira, Nedumangad P.O.

14. Shri. T.K. Sreena rayana Das,

Advocate, Thonipurackal, Karuvatta P.O., Alappuzha.

15. Shri. Thomas Abraham, Advocate, Thi ruvananthapu ram.

16. Shri. S.V. Premakuma ran Nai r,

Advocate, Vanchiyoor, Thiruvananthapu ram

17. S hri. M.B. Vijayan Babu Advocate, Veembanam Nedumpa rampu P.O., Alamcode (via ), Attingal

18. S hri. Nai r Ajay Kr ishnan, Advocate, Thi ruvananthapu ram

19. Shri. M. Muhinudeen,

Noohu Bungalo w, Convent Road, Neyyattinka ra P.O.

20. Shri. R.T. Pr adeep

Advocate, Thiruvananthapuram

21. Shri. Nair Ajit Kr ishnan

6B, Touch stone Apa rtment, Chi rakulam Junction Vanchiyoo r, Thi ruvananthapu ram

Aims and obj ec ts

Some of the impo rtant object s of the Academy are: -

1) to promote the advancement of law suitable to the social, economic and othe r needs of the people;

2) to promote diffusion of the kno wledge of law; 3) to promote studies and research in law; 4) to promote the imp rovement of legal education and to impart instruction in law;

19

5) to pu blish research papers , studie s, treati ses, books, pe riodical s, reports and other literature relating to law; and

6) to conduct debate s, lectures, stu die s, discuss ions, seminars , symposia, etc on legal topics and problems.

Fun ctio nal Patter n

In order to realize the aims and objects, the Academy has organized it s activities into three di fferent departments, viz: -

1) The Department of Legal Education.

2) The Depa rtment of Legal Publication and

3) The Depa rtment of Legal Advice.

The Depa rtment of Legal Education sta rted functioning with the opening of a La w College in 1968.

The La w College

The firs t move in the di rection of sta rting a Law College under the auspices of the Depa rtment o f Legal Education of the Kerala La w Academy, was made on 30th Octobe r 1966, eight yea rs afte r the regi stration of the Academy. The Sec reta ry of the academy submitted an application to the Univers ity of Kerala, on 26th Octobe r 1967 for granting affiliation to a Law College to be run by the Academy. In the meantime the Government of Kerala, afte r con side ring the Academy ’s request to provide a suitable headqua rte rs to the Academy, had kindly acco rded sanction to lea se out an extensive area of eleven ac res and fortynine cent s with building s at Peroo rkada to the Kerala La w Academy. The Academy took possession of the land and buildi ngs on 29th Feb rua ry 1968. Thi s was at once intimated to the Unive rs ity of Kerala.

The Syndicate at its meeting held on 26th July 1968, afte r con side ring the reports of the Inspection Commi ss ion s, resolved to grant provi sional sanction, “to the Kerala La w Academy for starting a Law College at Peroorkada, Thiruvananthapuram during 1968-69 providing instruction for the First Year LL.B. (Part time) cou rse in the first instance with 100 (one hundred) student s who are under regula r employment”. Acco rdingly, regula r cla ss es for the Is t LL.B. Cou rs e commenced on 9th Septembe r 1968.

Late r, the Kerala La w Academy ’s reque st for sanction to sta rt day cla ss es al so in the college was granted by the Unive rs ity of Kerala. Acco rdingly a batch of 100 student s were admitted to the lst LL.B. (D ay ) cla ss of the College and regula r cla ss es for them commenced on 22nd Septembe r, 1970.

In Octobe r, 1975 the Unive rsity of Kerala kindly acco rded sanction to sta rt first year LL.M. cou rs e in the College with an intake of six students. The sanctioned intake has been inc rea sed since then. The optional subjects no w offered are Admini strative La w (Gr. I) and Inte rnational La w (Gr. IV) .

20

Justice Shri. P Govinda Menon, Reti red Judge of the High Court of Kerala acted as the Directo r of Legal Studie s fr om 1969 -1976.

In 1984, sanction was granted to start the Five Yea r LL.B. Deg ree Cou rs e in the College. The firs t batch of the student s admitted to the cou rs e completed the cou rs e in 1988 -89.

The Univers ity acco rded sanctio n to the College du ring 1995 -96 to start a Post graduate cou rse in Bu siness La w named M.B.L. The first batch of students admitted to the cou rse completed the cou rs e in 1997 -98.

Fo ur Deca des of Achieve ment

The Kerala La w Academy has completed forty six yea rs of dedicated service and ha s grown to the statu s of an in stitution of national impo rtance. The re is no othe r in stitution in the field of legal education in India with so diverse a field of activities as the Kerala Law Academy - it provides in struction at the graduate and po st graduate level s, provide s facilitie s for academic resea rch and resea rch project s, in addition to publication of a research jou rnal, two la w magazine s and a numbe r of text book s and treati ses.

A long felt need of the Kerala La w Academy, a sine qua non of its developmental activitie s was fulfilled when the Government of Kerala responding to the request of the Academy decided to grant a ssignment of the premises, leased out to the Academy in 1968. The land was ass igned to the Kerala La w Academy by the Gove rnment in 1984. Thi s ha s paved the way for initiating development project s of a pe rmanent natu re including con struction of building s.

Imme diately afte r the ass ignme nt of the land an ambitiou s project for the development of the camp us was drawn up. The project included the con struction of a multi pu rpose stadi um, a Ladies hostel, staff quarters , guest hou se, library block, lecture hall, open air audito rium, community hall and a building complex to accommodate a bank, con sume r sto re, refr eshment hou se, etc.. Almo st all these project s have al ready been completed. A peculia r featu re to be emphatically stated is that the implementation of the se projects is sub stantially supported by the gene rou s help and co-ope ration of the student s and well -wishe rs of the Academy.

21

THE KERALA LAW ACADEMY LAW COLLEGE

Object

1. The college is affiliated to the University of Kerala and is intended to give instruction and afford facilities to students preparing for LL.B., LL.M., M.B.L. Degree examinations of the said University and such other examinations in Law as may hereafter be instituted or recognized by the University.

Control

2. Subject to the supervision and control of the academy the general management of the college is vested in the Director of legal studies. The present Director of legal studies is Dr. N. Narayanan Nair.

Faculty

3. The staff of the college consists of a Principal, a Vice-Principal, Professors, Visiting Professors, Associate Professors, Assistant Professors Faculty (Part Time) and Guest Faculty

Personnel of the Teaching Staff

Principal

Dr. P. Lekshmi Nair, M.A., LL.M., Ph.D.

Vice-Principal

Prof. M.M. Madhavan Potti, LL.M. Professors of Law Smt. B. Thulasimony, M.Sc., B.Lib. Sc., LL.M. Dr. R. Ravikumar, M.A. (Eco)., M.A. (Hst), M.A. (Poli), LL.M. (Con. Law), LL.M. (Inter.Law), M.B.L., Ph.D.

Visiting Professors Dr. K. Parameswaran, B.A., M.L., Ph.D.) Associate Professor

Shri. G. Anilkumar, LL.M. Smt. Susamma Chandi LL.M. Shri. M.G. Babu Ajaya Kumar, LL.M. Assistant Professors Smt. L. Ajithakumari LL.M.

Fac ulty (Part - time) Shri. S.V. Premakumaran Nair, B.A., LL.M. Shri. Nair Ajaykrishnan, B.Sc., LL.M.

Shri. Nagaraj Narayanan LL.M. (Adm. Law), LL.M. (International Law). Guest Faculty

Shri. Thomas Abraham, M.A., LL.M. Shri. K. Gopala Pillai, B.Sc., LL.M. Shri. S. Sreekumar, LL.M. Shri. V Ajaykumar, LL.M.

Shri. Mohan Kumar Kiran, M.A., M.B.L., LL.M Shri. R.T. Pradeep, LL.M.

22 Dr. C. Ramakrishnan Nair, B.A., LL.M. (Inter. Law), LL.M., (Adm.Law), Ph.D. Shri. Sri Ram, LL.M.

Shri. M.P. Sasidharan Nair, M.Com., M.A., MBA, LL.M. Shri. V. Sanjeev (Nemom) B.Sc., LL.M. Shri. V.S. Vineethkumar M.B.L. Shri. Shibukumar, M.A., LL.M. Shri. V Narayanan Asari, M.A., LL.M. Shri. N.Giridharan Nair, M.Com, LL.M. Shri. M.Anil Prasad, M.Com., M.B.L., LL.M. Shri. R.S. Shyamkumar, LL.M. Smt. Rakendu, LL.M. Shri. V. Francis B.Sc., LL.M. Smt. Sreedevi Chand M.A. (English) Shri. Prabhakaran Thampi M.A. Politics) Shri. Sunil Kumar S. B.Sc., LL.M Smt. Prajitha P.G. LL.M. Smt. Reshma Soman N. LL.M., MBA Smt. Sreeja. P.G. Shri. Sanish Sasi Raj Dr. S. Jayakumar Dr. M. Raveendran Smt. Lekshmi. M Shri. Augustine. K.A Shri M. Ayub Khan Shri. N. Krishnan Kutti Pillai Shri. Ashraf Rawther Smt. Vidhya. V.V. Shri. Riyasudeen Shri. Bijoy M.S. Raj Smt. Dakshina Saraswathi Smt. Aparna. V Visiting Faculty Shri. V.K. Radhakrishnan Nair, Advocate, Thiruvananthapuram Shri. Kazhakootam Narayanan Nair, Advocate, Thiruvananthapuram Shri. Bechu Kurian Thomas, Advocate, High Court, Kerala Shri. Polly Mathew Muricken, Advocate, High Court, Kerala Shri. V. Philip Mathew, Advocate, High Court, Kerala

5. Courses of Instruction

Unitary Degree Course in Law (Three year LL.B) (Regular and Evening)

(a) The Unitary Degree Course in Law shall extend to a period of 3 academic years consisting of 6 semesters including practical training. There shall be at least 90 instructional days and a minimum of 450 hours of instruction in a semester.

(b) Candidates seeking admission to the first semester of the 3 year LL.B. degree Course shall have passed any degree examination of the Kerala University or any other examination recognised as equivalent thereto by the Kerala University with not less than 45 percent marks in the qualifying degree examination in the case of

23

general catego ry and 40% in the case of candidate s belonging to Scheduled Caste s and Scheduled Tribes.

(c) Selection to the cou rs e will be made on the basis of pers onal inte rvie w and marks secu red in the quali fying degree examination.

(d) No candidate will be admitted to the college unle ss he/she produce s the following document s at the time of admission.

i. All ma rk li sts of the quali fying deg ree examination. ii. Tran sf er certi ficate fr om the in stitution la st studied. iii. Conduct and cha racte r ce rti ficate fr om the in stitution la st studied.

iv. Eligi bility Cer tificate : Candidates who have pass ed the qualifying deg ree examination fr om any Unive rs ity other than Kerala Unive rsity shall produce the Eligibility Ce rti ficate of the Kerala Unive rs ity at the time of admi ss ion.

5. Int egrated Five Year B.A., LL.B. and B.Com LL.B Courses

These courses shall be a double degree cours e comprising the B.A. deg ree cou rse with English as majo r and Political Science & Economic s as mino r subject s with a degree cou rs e in Law and integrated B.Com LL.B course with .

(a) The 5 year LL.B. Cou rs es shall extend to a period of 5 academic yea rs con sisting of 10 seme ste rs including practical training. The du ration of each seme ste r shall be five month s inclu sive of examination s. The re shall be at least 90 instructional day s and a minimum of 450 hou rs of instruction in a semester.

(b) Candidate s seeking admi ssion to the first semeste r of the 5 year LL.B. cou rses shall have passed any Higher Secondary examination of the Govt. of Kerala or any othe r examination recognized as equivalent the reto by the Kerala Unive rs ity with not less than 45 pe rcent ma rks in the agg regate in the quali fying Highe r Secondary examination in the ca se of gene ral category and 40 % marks in the case of the candidate s belonging to Scheduled Ca ste s and Scheduled Tribe s.

(c) No candidate s will be admitted to the college unless he/ she produce s the following documents at the time of examination.

i. All ma rk li sts of the Higher Seconda ry examination. ii. Tran sf er certi ficate fr om the in stitution la st studied. iii. Conduct and cha racte r ce rti ficate fr om the in stitution la st studied.

iv. Eligibility Ceritificate : Candidates who have passed the qualifying Higher Seconda ry Examination from any State other than the State of Kerala shall produce the Eligibility Ce rti ficate of the Kerala Unive rs ity at the time of admi ssion.

6. LL.M. and M.B.L. Degree Courses

(a) The LL. M. deg ree cou rs e shall extend to the period of 2 academic yea rs con sisting of 4 seme ste rs. The subject s of the specialization offered by the Kerala La w Academy La w College are Administrative Law and International Law. The M.B.L. Deg ree Cou rse shall extend to a period of 3 academic years con sisting of 6 seme ste rs.

24

(b) Candidate s seeking admi ssion to be Firs t Seme ster of the LL.M. Cours e/M.B.L. Course shall have pa ssed LL.B. 3 year or LL.B. 5 year examination of the University of Kerala or of any othe r Univers ity recognized by the Kerala Unive rsity.

(c) Selection to the cours e will be made on the ba sis intervie w and ma rks secu red in the LL.B. Examination

(d) No candidate will be admitted to the LL.M./ M.B.L. degree cou rs e unle ss he/ she produce s the following documents at the time of admi ssion.

i. All ma rk li sts of the LL.B. degree examination.

ii. Tran sf er certi ficate fr om the in stitution la st studied.

iii . Conduct and cha racte r ce rti ficate fr om the in stitution la st studied.

iv. Eligibility Cer tifica te : Candidate s who have pass ed the LL.B. Degree Cou rs e from any Univers ity othe r than Kerala Unive rs ity shall produce the Eligibility Certi ficate of the Kerala Univers ity at the time of admiss ion.

7. A dmi ss ion to evening cla ss is restricted to regula r employee s. So eve ry applicant mus t produce at the time of admi ss ion, in addition to othe r nece ss ary document s, a ce rti ficate of good conduct from the Head of the Office whe re the applicant is employed.

8. Application for admission to all courses can be submitted only though online. After submitting the online application, the print out and the demand draft in favour of Principal, Kerala Law Academy Law College for Rs. 1,000/- (Rupees One Thousand only) should be send to the The Principal, Kerala Law Academy Law College, Peroorkada, Thiruvananthapuram – 695005 through post/courier.

9. The Pr incipal may refuse admi ss ion to any candidate without assigning any rea son .

10. A ny student who ha s obtained admi ssion to the College by mean s of fal se ce rti ficate or by fal se rep resentation of any kind, or who may be found guilty of mi sconduct shall be summarily di smi ss ed.

11. Fee s

All Fees shall be remitted in the Kerala State Co-operative Bank, Peroorkada, Thi ruvananthapu ram, to the credit of the Kerala Law Academy and the bank receipt produced in the College Office afte r the candidate is provi sionally selected.

The secu rity deposit will be retu rned to the student s when they leave the institution.

25

Application s for refund of security deposit shall be submitted within one yea r afte r a stude nt ha s completed or di scontinued hi s cou rs e of study in the College. Any amo unt due from the student to the College shall be deducted fr om secu rity depo sit.

No claim for refund of depo sit will be allo wed afte r the period speci fied above.

14. Student s are no rmally allo wed th ree day s’ time for payment of fees, unless specially pe rmitted by the Pr incipal, after they have been provisionally selected. The fee s should be paid as given belo w.

15. Tho se who have not paid the fee s in lump mu st pay for each seme ste r fee s within one week afte r the commencement of the seme ste r. Simila rly the balance of fee s if any mu st be paid within one week afte r 2nd in stallment of the next seme ste r.

If any student fail s to pay fee s on the due date he is liable to pay a fine of Rs.100/ -

If he fail s to pay the fee s on or before the 10th day after the due date, he shall not be pe rmitted to attend the College the reafte r except on payment of fees and fine. He will al so lo se attendance fr om the eleventh day on wards. (If the tenth day fall s on a holiday the next working day will be treated as the tenth day for the pu rpose of this rule. )

Ho urs of Inst ructio n

16. The academic yea r con sisting of 180 working days is divided into two semeste rs .

Vaca tio ns , Holi days and Leave

17. The College will be clo sed for mid summe r vacation for two month s du ring April and May, for about ten day s for Onam, and about ten day s for Ch ristma s.

18. Holidays allowed for the College will be noti fied by the Pr incipal.

19. S tudents may obtain leave of absence in case of illness or for other good rea son s by application to the Principal.

20. Subject to the provi sion s he rein contained student s who are ab sent without leave continuously for a pe riod of more than 20 (twenty) working day s shall automatically stand removed fr om the roll s of the College. They can be re-admitted by the Principal only on payment of the prescribed re-admi ss ion fee of Rs.300/ - which is to be remitted in the KUF Account.

21. A bsence for anyone pe riod du ring the day will be conside red as ab sence for half a day and abs ence for two or mo re period s will be treated as ab sence for the whole day.

26

Mi scella neo us

22. A student applying for transf er certi ficate or the retu rn of hi s document s from the College should have clea red all hi s due s to the college and should enclose sufficient stamp s to cove r the po stage for sending them to hi s add ress by regi ste red post.

23. (i) No tran sf er ce rti ficate shall be iss ued to tho se fr om whom the re are any due s to the college.

(ii ) No fee s will be levied fr om those who apply for the tran sf er certi ficate eithe r at the time of leaving the College or within one year afte r leaving.

(iii ) A fee of Re. 10/- only will be levied fr om tho se who apply for duplicate copie s of transf er ce rti ficate.

(iv ) No fee will be levied for the issue of cours e certi ficate and conduct ce rtificate.

24. Raggi ng is totally prohibited in the in stitution and anyone found guilty of ragging and or abetting ragging whether actively or pa ssively or being pa rt of a conspiracy to promote ragging is liable to be puni shed in acco rdance with the UGC Regulation s on cu rbing the menace of ragging in Highe r Educational Institution s, 2009 as well as unde r the provi sion s of Kerala Prohibition of Ragging Act 1998.

College Li brary

The Lib rary is the ‘heart’ of any academic institution and plays an impo rtant role in all academic activities. This is important mo re so in the case of La w Institutions. A spaciou s two storeyed building has been con structed in the Campu s to house the college Lib rary. It is well maintained keeping in view the convenience of the Student s/Sta ff of the College. It has a good collection of book s cove ring a wide range of gene ral and special subject s including text books, Re ference books, Jou rnal s, Repo rts etc., apa rt fr om cu rr ent legal periodical s. Photo stat and Compute r facilitie s are available in the Lib rary. Further a Web site ha s been opened for enabling student s to download legal mate rial s. The Lib rary function s from 9 AM to 8.30 PM on all working day s. Furthe r the student s are at libe rty to make use of the lib rary attached to the Cent re for Advanced Legal Studie s & Re sea rch at Punnen Road, Thiruvananthapuram.

La die s Ho st el

One of the ambitious Pr oject s for the development of the Kerala Law Academy La w College Campu s was the con struction of a Ladie s Hostel. A two sto reyed building ha s been con structed in the campus with prope r fencing on all side s for accommodating lady student s of the college. Re siding within the campu s enable s student s to make maximum use of the facilitie s li ke lib rary, playg round etc. for the development of brain and brawn. Furthe r, it help s them to discu ss academic matte rs with fello w student s and teache rs even afte r working hou rs . Thi s help s them to acqui re impo rtant skill s of inte r-pers onal di scu ss ion for exchange of vie ws and widening the horizon s of kno wledge. About 100 students are given accommodation in thi s ho stel. All the day to day activitie s of the ho stel are managed by the

27

inmate s themselve s through a committee unde r the supe rvi sion and cont rol of the resident warden. The re is a Mess Committee con sisting of resident student s elected by the inmate s. The Mess Sec reta ry is elected by thi s Committee fr om among them selve s. The Kitchen of the ho stel serve s both vegeta rian and non vegeta rian food. A ne w group will take ove r cha rge of the me ss eve ry month. The running of the ho stel is on the ba sis of dividing system. A Common Room equipped with Televi sion, telephone connection, facilities of the PCO. 24 hour secu rity, a beautiful la wn in front of the building, shuttle cock court etc., are some of the othe r attractive featu res which en sure that student s get all mode rn amenitie s and secu rity at minimum co st. Thi s enable s student s to focu s on thei r studie s, with con fidence in peace ful and saluta ry condition s.

The hostel ha s strict rule s of admini stration and student s are expected to adhe re to the rule s and regulation s scrupulou sly failing which they will be subjected to di sciplina ry action.

Fi nancial Ass ist ance/Free sh ip

In order to att ract merito riou s student s the Kerala La w Academy ha s been planning to in stitute endo wment s for the award of schola rs hip/ fr eeship to eligible student s. Acco rdingly a scheme in thi s rega rd ha s been launched du ring 2007 -2008. To make a sta rt one endo wment has been in stituted on the basis of a proposal received fr om Sr i. P Vinod, (Geethanjali, Palli Road, Thikkad, Guruvayoo r) son o f Late M. Ramak rishna Menon, the firs t Admini strative Office r of the Kerala La w Academy La w College. Thi s is co -spon sored by the Kerala La w Academy. The co rpu s of the endo wment is Rs. One Lakh out of which Rs.30,000/ - is cont ributed by Sr i. Vinod in commem or ation of hi s fathe r, late M.Ramak rishna Menon. Its nomenclatu re is “M.Ramak rish na Menon Memorial Endowment”. The scholarship will be awarded to one student of the Integrated Five yea r B. A. LL.B., cou rs e who sco res the highe st ma rk in the firs t seme ste r of the Integ rated five yea r LL.B cou rs es.

REGULATIONS RELATING TO INTEGRATE D FIVE YEAR B.A., LL.B DEGREE COURS E

1. Title

The regulation s shall be called the Regulations relating to Integ rated Five Yea r B. A., LL.B Deg ree Co urs e

2. Comm ence ment

The se regulation s shall come into force with effect fr om Academic Yea r 2011 -2012. 3. Du ra tio n of th e Course (a) The course shall be of a double degree integrated course comprising BA and LL.B Deg rees. The Bachelo r’s Degree in BA and La w shall con sist of regular cours e of study for a minimum pe riod of 10 Seme ste rs in Five Yea rs and shall con sist of 14 pape rs in BA and 31 pape rs in La w.

(b) Each seme ste r shall con sist of 90 in structional day s having 5 hou rs pe r day for lectu res, semina rs , debates and te st pape rs . The re shall be not le ss than fou r hou rs pe r subject pe r week and one/t wo hou rs for semina r/debate s/te st pape r.

4. Eligi bili ty for Ad mis si on

(a) No candidate shall be admitted to the cours e unless he ha s pass ed the Higher Seconda ry 28

Examination of the Gove rnment of Kerala or any othe r examination recognized as equiva - lent the reto by thi s Unive rs ity with not le ss than 45 % ma rks for gene ral catego ry and 40% ma rks for SC and ST.

5. Att end ance and Progress

No candidate shall be pe rmitted to regi ster for the end seme ste r examination s conducted by the Unive rs ity unle ss the Pr incipal has ce rti fied that he ha s obtained not le ss than 75 % of the attendance in each pape r and hi s conduct and prog ress ha s been sati sf acto ry.

6. Exa minatio ns

(a) The re shall be a Unive rs ity examination at the end of each seme ste r. Each pape r ca rr ying 100 Marks is divided into 80 Marks for wr itten examination and 20 Marks for inte rnal ass ess ment.

(b) Pape r IV in Seventh, Eighth, Ninth and Tenth seme ste rs shall be evaluated internally. In- te rnal Viva shall be conducted by the boa rd of examine rs con stituted by the Pr incipal fr om among Senio r Teache rs .

(c) Pape r II in the Tenth Seme ste r is optional pape r. 1/3 (one thi rd ) of the total numbe r of the student s of that seme ste r can choo se eithe r of the two pape rs .

(d) Inte rnship - Each student shall have completed minimum of 20 week s inte rnship du ring the enti re pe riod of legal studie s unde r NGO , Trial and Appellate Advocate s, Judiciary, Legal Regulatory authorities, Legislatures and Parliament, Other Legal Functionaries, Market Institution s, La w Firms, Companie s, Local Sel f Gove rnment and othe r such bod- ie s whe re la w is practiced eithe r in action o r in di spute resolution o r in management.

Pr ovided that internship in any yea r cannot be for a continuou s pe riod of mo re than Four week s and all student s shall have at lea st gone th rough once in the enti re academic pe riod with Trial and Ap pellate Advocate s.

Each student shall keep inte rnship dia ry and the same shall be evaluated by the Guide in Inte rnship and al so a Co re Faculty membe r.

(e) Viva -voce examination in the Tenth seme ste r shall be conducted by the Boa rd of Examine rs con stituted by the Unive rs ity.

7. Int er nal Ass essm ent

Marks for the inte rnal ass ess me nt in each wr itten pape r shall be di stributed a s follo ws .

(i) Attendance - 5 Marks (2.5 Marks for 75 % of attendance and additional 0.5 Mark for eve ry 5% attendance above 75 %)

(ii ) Test Pape r - 5 Marks

(iii ) Ass ignment - 5 Marks

(iv ) Semina r/Debate - 5 Marks

The ma rks for inte rnal assess ment shall be awarded by the Teache r in cha rge of each pa per, counte rs igned by the Pr incipal and forw arded to the Unive rs ity be fore the commencement of the

29

wr itten examination. A statement containing the ma rks awarded to eve ry student as inte rnal ass ess ment in each pape r shall al so be publi shed.

Guideline s for Internal Ass ess ment -

(i) Int roduction -The objective s of int roducing inte rnal ass ess ment a re: (i) to develop in the student s the ability for critical analy sis and evaluation of legal problem s; (ii ) to develop communication skill, both oral and wr itten; (iii ) to create an awarene ss of cu rrent socio - legal problem s; (iv ) to en sure the involvement and pa rticipation of student s in academic prog ramme s; and (v) to make evaluation of student s a continuou s proce ss . In orde r to achieve the se objective s it i s impe rative that inte rnal a ss ess ment i s made by teache rs in a fai r and objective manne r and in an atmo sphe re of total tran spa rency and con fidence. The follo wing guideline s are iss ued to secu re fai rne ss , objectivity and tran spa rency in inte rn al ass ess ment.

(ii ) Atten dance - (a) For each subject attendance shall be taken in the cla ss and reco rded in a regi ste r maintained by the teache r. A statement of attendance shall be prepa red eve ry month which shall be available for in spection by the students. Complaint s, if any, shall be brought to the notice of the teache r and the Pr incipal be fore the seventh working day of the publi cation of the statement.

Stude nts representing the College/ Univers ity in Sports/Game s, Ar ts/Cultural event s or Moot Cou rts, Client Coun selling competition s, Academic activitie s and Office bea rers of the College/ Unive rsity Union may, with the prio r pe rmi ss ion of the Pr incipal, take pa rt in such competition s or activitie s and be given attendance as directed by the Principal for such pa rticipation, subject to a maximum o f 10 days in a seme ste r.

(iii ) Test Pape r - Two te st pape rs shall be conducted for each subject in a seme ste r. The ma rks obtained by each student in the te st pape r shall be announced by the teache r within ten day s fr om the date of the te st pa per and shall al so be reco rded in a regi ste r maintained by the teacher.

(iv ) Ass ignment - Eve ry student shall wr ite one ass ignment for each pape r, on a subject cho sen in co ns ultation with the teache r. The ass ignment should reflect the ability of the student to identi fy and use mate rial s and hi s/he r capacity for original thinking, critical analysis and evaluation. Each student shall select the topic of ass ignment be fore the 20t h working day of the seme ste r.

The ass ignment shall be submitted be fore a date prescribed by the teache r. If the ass ignment submitted by a student is found to be un sati sf acto ry by the teache r, the student shall be given an option to revi se the ass ignment or wr ite an ass ignment on anothe r subject cho sen in con sultation with the teache r.

The ma rks obtained by each student and the crite ria adopted for evaluation of ass ignme nts shall be announced by the teache r within 10 day s fr om the date of submi ss ion of the ass ignment. The ma rks shall al so be reco rded in a regi ste r maintained by the teache r.

(v) Semina r/Debate - Eve ry student shall pa rticipate in one semina r or debate for each pape r. A syn opsis of not mo re than one page shall be submitted by each pa rticipant to the teache r be fore the semina r/debate. In the evaluation, 50 % credit shall be given to the content and 50 % for presentation. The topic of the semina r/debate shall be selected by the student in consultation with the teacher before thet 20 h working day of the seme ster. The marks awarded 30

for the semina r/debate shall be announced by the teache r at the end of the semina r/debate and shall al so be reco rded in a regi ste r maintained by the teache r.

8. Pa ss minimum and cla ss ifica tio n

(a) A candidate who secu res not le ss than 50 % ma rks for each pape r in a Seme ste r shall be decla red to have pa ss ed the examination in that seme ste r.

(b) A candidate who obtain s pa ss ma rks (50 %) in one or mo re pape rs , but fail s in othe r pape rs in a seme ste r is exempted fr om appea ring in the pape rs in which he/ she ha s obtained pa ss ma rks.

(c) A candidate who fail s in Pape r IV of Seventh or Eighth or Ninth or Tenth seme ste r shall appea r in that pape r in the next academic yea r without obtaining re-admi ss ion.

(d) A candidate who fail s in Inte rnship or viva -voce ha s to complete the inte rnship and viva - voce in the next academic yea r without obtaining re-admi ss ion.

(e) The re shall be no chance to imp rove eithe r the inte rnal ass ess ment ma rks or wr itten examination ma rks.

(f) Cla ss ification i s as sho wn belo w:- Distinction - 80 % and above Firs t Cla ss - 60 % and above, but belo w 80 % Second Cla ss-50 % and above, but belo w 60 % (g) Ranking shall be done on the ba sis of the ma rks obtained by the candidate in the whole examination (Ten seme ste rs) pa ss ed in the firs t chance.

(h) A candidate admitted in thi s cou rs e shall complete the cou rs e and shall pa ss all papers within a pe riod of ten yea rs fr om the date of admi ss ion.

9. Pub lica tio n of Resu lts

The result s of the Tenth seme ste r examination shall be publi shed only afte r the candidate ha s pa ssed the First, Second, Thi rd, Fo urth, Fifth, Sixth, Seventh, Eighth and Ninth seme ste r examination s.

10. Awar d of B. A., LL.B Degree

A candidate who succe ssfully complete s all the Ten seme sters shall be eligible for the award of B. A., LL.B Deg ree fr om the faculty of La w.

11. Prohibitio n agai nst la teral ent ry and exi t

The re shall be no late ral entry on the plea of graduation in any subject or exit by way of awarding a degree splitting the integ rated double degree cours e, at any inte rmedia ry stage of integ rated double deg ree cou rs e.

12. App lica bili ty of Reg ula tio ns

Thi s regulations supe rs ede the exi sting regulation s relating to LL.B Five Yea r cou rs e pro- vided howeve r that student s of Thi rd, Fou rth, Fifth, Sixth, Seventh, Eighth, Ninth and Tenth seme ste r LL.B Five Year cou rs e shall continue to be gove rned by the exi sting regulation s till they complete the cou rs e.

31

REG ULATIONS REL ATIN G TO UNI TARY DEG REE COURS E IN LAW 1. Title

The regulations shall be called the Re gulation s relating to Unita ry Deg ree Cou rs e in La w 2. Comm ence ment The se regulation s shall come into force with effect fr om Academic Yea r 2011 -2012. 3. Du ra tio n of th e Course (a) The cou rse o f study for the Bachelo r deg ree in La w (LL.B) shall con sist o f regular course of study for a minimum period of 6 Semesters in Three Years and shall consist of 20 compul sory pape rs , 4 compul sory clinical pape rs and 6 optional pape rs in La w.

(b) Each seme ste r shall con sist of 90 in structional day s having 5 hou rs pe r day for lectu res, semina rs , debate s and te st papers . The re shall be not le ss than fou r hou rs pe r subject pe r week and one/t wo hou rs for semina r/debate s/te st pape r.

4. Eligi bili ty for Ad mis si on

(a) No candidate shall be admitted to the cou rs e unle ss he ha s pa ss ed the graduation in any faculty of Unive rs ity of Kerala or any othe r Unive rs ity recognized by the Unive rs ity of Kerala as equivalent the reto with not le ss than 45 % ma rks for gene ral catego ry and 40 % ma rks for SC and ST.

5. Att end ance and Progress

No candidate s shall be pe rmitted to regi ste r for the end seme ste r examination s conducted by the Unive rs ity unle ss the Pr incipal has ce rti fied that he ha s obtained not le ss than 75 % of the attendance in each pape r and hi s conduct and prog ress have been sati sf actory.

6. Exa minatio ns

(a) The re shall be a Univers ity examination at the end of each semeste r. Each pape r ca rr ying 100 Marks is divided into 80 Marks for wr itten examination and 20 Marks for inte rnal ass ess ment.

(b) Pape r V in Thi rd, Fou rth, Fifth and Sixth seme ste rs shall be evaluated inte rnally. Internal Viva shall be conducted by the board of examiners constituted by the Pr incipal fr om among Senio r Teache rs .

(c) Pape r I in Fou rth Seme ste r, Pape r I & II in the Fifth Seme ste r and Pape r I and II in the Sixth Semeste r is optional paper. 1/3 (one thi rd) of the total numbe r of the student s of that seme ste r can choo se eithe r of the two pape rs .

(d) Internship - Each student shall have completed minimum of 12 week s inte rnsh ip du ring the enti re pe riod of legal studie s unde r NGO , Trial and Appellate Advocate s, Judicia ry, Legal Regulato ry autho ritie s, Legi slatures and Parliament, Othe r Le gal Functiona rie s, Market Institution s, La w Firms, Companie s, Local Self Gove rnment and othe r such bodie s whe re la w is practiced eithe r in action or in di spute resolution or in management. 32

Pr ovided that inte rnship in any yea r cannot be for a continuou s pe riod of mo re than Fou r week s and all student s shall have at lea st gone th rough once in the enti re academic pe riod with Trial and Appellate Advocate s.

Each student shall keep inte rnship dia ry and the same shall be evaluated by the Guide in Inte rnship and al so a Co re Faculty membe r.

(d) Viva -voce examination in the Sixth seme ste r shall be conducted by the Boa rd of Examine rs con stituted by the Unive rs ity.

7. Int er nal Ass essment

Marks for the inte rnal a ss ess me nt in each pape r shall be di stributed a s follo ws .

(i) Attendance - 5 Marks (2.5 Marks for 75 % of attendance and additional 0.5 Mark for eve ry 5% attendance above 75 %)

(ii ) Test Pape r - 5 Marks (iii ) Assignment - 5 Marks (iv ) Semina r/Debate - 5 Marks

The ma rks for inte rnal ass essment shall be awarded by the Teache r in cha rge of each pape r, counte rs igned by the Pr incipal and forwarded to the Unive rs ity be fore the commencement of the wr itten examination. A statement containing the ma rks awarded to every student as internal ass ess ment in each pape r shall al so be publi shed.

Guideline s for Inte rnal Ass ess ment -

(i) Int roduction -The objective s of int roducing internal ass ess ment are: (i) to develop in the student s the ability for critical analy sis and evaluation of legal problem s; (ii ) to develop communicatio n skill, both oral and wr itten; (iii ) to create an awarene ss of cu rr ent socio -legal problem s; (iv ) to en sure the involvement and pa rticipation of students in academic programmes; and (v) to make evaluation of students a continuous proce ss . In orde r to achieve the se objective s it is impe rative that inte rnal ass ess ment is made by teache rs in a fai r and objective manne r and in an atmo sphe re of total tran spa rency and con fidence. The follo wing guideline s are iss ued to secu re fai rne ss , objectivity and tran spa rency in inte rnal ass ess ment.

(ii ) Attendance - (a) For each subject attendance shall be taken in the cla ss and reco rded in a regi ste r maintained by the teache r. A statement of attendance shall be prepa red eve ry month which shall be available for in spection by the student s. Complaint s, if any, shall be brought to the notice of the teache r and the Pr incipal be fore the seventh day of the succeeding month.

Student s rep resenting the College/ Unive rs ity in Spo rts/Game s, Ar ts/Cultu ral eve nts or Moot Cou rts, Client Coun seling competition s, Academic activitie s and Office bearers of the College/Univers ity Union may, with the prior permission of the Pr incipal, take part in suc h competition s or activitie s and be given attendance as di rected by the Pr incipal for such pa rticipation, subject to a maximum of 10 day s in a seme ste r.

33

(iii ) Test Pape r - Two te st pape rs shall be conducted for each subject in a seme ste r. The ma rks obtained by each student in the te st pape r shall be announced by the teac her within ten day s fr om the date of the te st pape r and shall al so be reco rded in a regi ste r maintained by the teache r.

(iv ) Assignment - Eve ry student shall wr ite one ass ignment for each pape r, on a subject cho sen in con sultation with the teache r. The ass ignment should reflect the ability of the student to identi fy and use mate rial s and hi s/her capacity for original thinki ng, critical analy sis and evaluation. Each student shall select the topic of assignment be fore the 20 th working day of the seme ste r.

The assignment shall be su bmitted be fore a date prescribed by the teache r. If the ass ignment submitted by a student is found to be un sati sf acto ry by the teache r, the student shall be given an option to revi se the ass ignment or wr ite an ass ignment on another subject cho sen in con sultation with the teache r.

The ma rks obtained by each student and the crite ria adopted for evaluation of ass ignment s shall be announced by the teache r within 10 day s fr om the date of submiss ion of the assignment. The marks shall also be reco rded in a register maintained by the teache r.

(v) Semina r/Debate - Eve ry student shall participate in one seminar or debate for each pape r. A synop sis of not more than one page shall be submitted by each pa rticipant to the teache r be fore the semina r/debate. In the evaluation, 50 % credit shall be gi ven to the content and 50 % for presentation. The topic of the semina r/debate shall be selected by the student in con sultation with the teache r be fore the 20 th working day of the seme ste r. The ma rks awarded for the semina r/debate shall he announced by the teache r at the end of the semina r/debate and shall al so be recorded in a regi ste r maintained by the teache r.

8. Pa ss minimum and cla ss ifica tio n

(a) A candidate who secu res not le ss than 50 % ma rks for each pape r in a seme ste r shall be decla red to have pa ss ed the examination in that seme ste r.

(b) A candidate who obtain s pa ss ma rks (50 %) in one or mo re pape rs , but fail s in othe r pape rs in a seme ste r is exempted fr om appea ring in the pape rs in which he/ she ha s obtained pa ss ma rks.

(c) A candidate who fail s in Pape r V of Thi rd or Fou rth or Fifth or Sixth seme ste r sh all appea r in that pape r in the next academic yea r without obtaining re-admi ss ion.

(d) A candidate who fail s in In te rnship or viva -voce ha s to complete the inte rnship and viva -voce in the next academic yea r without obtaining re-admi ss ion.

(e) The re shall be no chance to imp rove either the inte rnal ass ess ment marks or wr itten examination ma rks.

(f) Cla ss ification is as sho wn below:-Distinction - 80 % and above Second Cla ss-50% and above, but belo w 60 % Firs t Cla ss - 60 % and above, but belo w 80 %

(g) Ranking shall be done on the basis of the ma rks obtained by the candidate in the whole examination (S ix seme ste rs) pa ss ed in the firs t chance.

34

(h) A candidate admitted in this cou rs e shall complete the cou rs e and shall pass all pape rs within a pe riod of six yea rs fr om the date of admi ss ion.

9. Pub lica tio n of Resu lts

The result s of the Sixth seme ster examination shall be publi shed only a fter the candidate have pa ss ed the Firs t, Second, Thi rd, Fou rth and Fifth seme ste r examination s.

10. Awar d of Bac helor Degree in La w

A candidate who succe ssf ully complete s all the Six seme ste rs shall be eligible for the award of LL.B Deg ree fr om the faculty of La w.

11. App lica bili ty of Reg ula tio ns

Thi s regulation s supe rs ede the existing regulation s relating to LL.B Th ree Year seme ste r cou rs e provided ho weve r that student s of Thi rd, Fou rth, Fifth and Sixth semeste r LL.B Three Yea r seme ste r cou rs e shall continue to be gove rned by the exi sting regulation s till they complete the cou rs e.

35

UNIVERSITY GRAN TS COMMISSION BAHADURS HAH ZAFAR MAR G NEW DELH I – 110 002

UGC REGULATIONS ON CUR BINGTHE ME NAC E OF RAGG ING IN HIGHE R EDUCATIONA L INS TITUTIONS , 2009. (unde r Section 26 (1)( g) of the Unive rs ity Gr ant s Commi ss ion Act, 1956 )

(TO BE PU BL ISH ED IN THE GA ZETTE OF INDIA PART III , SECT ION-4)

F.1-16/2007(CPP-II) Dated 17 th Jun e, 2009.

PREAMBLE.

In vie w of the di rection s of the Hon ’ble Sup reme Cou rt in the matte r of “Unive rs ity of Kerala v/s. Council, Pr incipals, Colleges and others ” in SLP no. 24295 of 2006 dated 16.05.2007 and that dated 8.05.2009 in Civil Appeal number 887 of 2009, and in consideration of the dete rminati on of the Cent ral Gove rnment and the Unive rs ity Gr ant s Commi ss ion to prohi bit, prevent and eliminate the scou rge o f ragging including any conduct by any student or student s whethe r by words spoken or wr itten or by an act which has the effect of tea sing, treating or handling with rudene ss a fr eshe r or any other student, or indulging in rowdy or indi scipli ned activities by any student or student s which cau ses or is likely to cause annoyance, hardship or psychological ha rm or to rai se fea r or app rehen sion the reo f in any fr eshe r or any othe r student or asking any student to do any act which such student will not in the ordina ry cou rs e do and which ha s the effect of cau sing or gene rating a sen se of shame, or to rment or emba rr ass ment so as to adve rs ely affect the phy sique or psyche of such fr eshe r or any othe r student, with or without an intent to derive a sadistic pleasure or showing off po wer, autho rity or supe riority by a student ove r any freshe r or any othe r student, in all highe r education in stitutions in the count ry, and the reby, to pr ovide for the healthy development, phy sically and psychologically, of all stude nts, the Univers ity Gr ant s Commi ss ion, in con sultation with the Council s, brings forth thi s Regulati on.

In exe rci se of the po wers conferr ed by Clau se (g) of sub-section (1) of Section 26 of the Unive rs ity Gr ant s Commi ss ion Act, 1956, the Unive rs ity Gr ant s Commi ss ion he reby make s the follo wing Regulation s, namely;

1. Title, co mm ence ment and app lica bili ty.-

1.1 These regulation s shall be called the “UGC Regulations on Curbing the Menace of Ragging in Highe r Educational Institution s, 2009 ".

1.2 They shall come into force fr om the date of thei r publication in the Official Gazette.

1.3 They shall apply to all the in stitution s coming within the de finition of a Unive rs ity unde r sub -section (f) of section (2) of the Unive rs ity Gr ant s Commi ss ion Act, 1956, and to all in stitutions deemed to be a university unde r Section 3 of the University Grant s Commiss ion Act, 1956, to all othe r highe r ed ucational institution s, or element s of such unive rs ities or in stitution s, including its depa rtments, con stituent unit s and all the premises, whethe r being academic, residential, playg rounds, canteen, or othe r such premises of such unive rs itie s,

36

deemed unive rsitie s and highe r educational in stitution s, whether located within the campus or out side, and to all mean s of transpo rtation of student s, whethe r public or private, access ed by student s for the pu rs uit of stu die s in such unive rs itie s, deemed unive rs itie s and hig her educational in stitution s.

2. Obj ec tive s.-

To prohibit any conduct by any student or student s whethe r by words spoken or wr itten or by an act which has the effect of teasing, treating or handling with rudene ss a fr esher or any othe r student, or indulging in rowdy or indisciplined activitie s by any student or student s which cau ses or is likely to cau se annoyance, ha rdship or psychological ha rm or to rai se fea r or app rehen sion the reo f in any fr eshe r or any othe r student or asking any student to do any act which such student will not in the o rdina ry cou rs e do and which ha s the effect o f cau sing or gene rating a sen se of shame, or to rment or emba rr ass ment so as to adve rs ely affect the phy sique or psyche of such fr esher or any other student, with or without an intent to de rive a sadi stic plea sure or sho wing off po wer, autho rity or superio rity by a student ove r any fr eshe r or any othe r student; and the reby, to eliminate ragging in all it s forms fr om unive rsitie s, deemed univers ities and othe r higher educational in stitutions in the count ry by prohibiting it unde r the se Regulation s, preventing it s occu rr ence and puni shing tho se who indulge in ragging as provided for in the se Regulation s and the app rop riate la w in force.

3. What co nst itut es Raggi ng. - Ragging con stitute s one or mo re of any of the follo wing act s:

a. any conduct by any student or student s whethe r by words spoken or wr itten or by an act which ha s the effect of teasing, treating or handling with rudene ss a fr eshe r or any othe r student;

b. indulging in rowdy or indisciplined activities by any student or student s which cau ses or is likely to cau se annoyance, ha rdship, phy sical or psychological ha rm or to rai se fea r or app rehen sion the reo f in any fr eshe r or any othe r student;

c. asking any student to do any act which such student will not in the ordina ry cou rs e do and which ha s the effect of cau sing or gene rating a sen se of shame, or to rment or emba rr ass ment so as to adve rs ely affect the phy sique or psyche of such fr eshe r or any othe r student;

d. any act by a senio r student that prevent s, di sr upt s or di stu rbs the regula r academic activity of any othe r student or a fr eshe r;

e. exploiting the service s of a fr eshe r or any othe r student for completing the academic ta sks ass igned to an individual o r a group of student s.

f. any act of financial exto rti on or force ful expenditu re bu rden put on a fr eshe r or any othe r student by student s;

g. any act of phy sical abuse including all va riant s of it: sexual abu se, homo sexual ass ault s, stripping, forcing ob scene and le wd act s, ge stu res, cau sing bodily ha rm or any othe r dange r to health or pe rs on;

h. any act or abu se by spoken words, email s, po st, public insult s which would al so include deriving perve rted plea sure, vica rious or sadistic th rill fr om actively or pa ss ively pa rticipating in the di scom fitu re to fr eshe r or any othe r student ;

37

i. any act that affect s the mental health and sel f-con fidence of a fr esher or any other student with or without an intent to de rive a sadi stic plea sure or sho wing off po wer, autho rity or supe rio rity by a student ove r any fr eshe r or any othe r student.

4. Definitio ns .-

1) In the se regulation s unle ss the context othe rw ise requi res,-

a) “Act” mean s, the Unive rs ity Grant s Commi ss ion Act, 1956 (3 of 1956 );

b) “Academic year” means the period from the commencement of admi ssion of students in any cou rs e of study in the in stitution up to the completion of academic requi reme nts for that pa rticula r yea r.

c) “Anti -Ragging Helpline” means the Helpline established under clau se (a) of Regulation 8.1 of the se Regulations.

d) “Commiss ion” mean s the Unive rsity Gr ant s Commi ssion;

e) “Council” mean s a body so con stituted by an Act of Parliament or an Act of any State Legi slatu re for setting, or co -ordinating or maintaining standa rds in the relevant area s of highe r education, such as the All India Council for Technical Education (AI CTE ), the Ba r Council of India (BC I), the Dental Council of India (D CI), the Distance Education Council (D EC), the Indian Council of Agricultu ral Re search (I CAR), the Indian Nurs ing Council (IN C), the Medical Council of India (M CI) , the National Council for Teac her Education (N CTE), the Pha rmacy Council of India (P CI) , etc. and the State Highe r Education Council s.

f) “District Level Anti-Ragging Committee” mean s the Committee, headed by the District Magistrate, con stituted by the State Gove rnment, for the cont rol and elimination o f ragging in ins titutions within the ju risdiction o f the di strict.

g) “Head of the in stitution” means the Vice -Chancellor in ca se of a unive rsity or a deemed to be unive rs ity, the Pr incipal or the Directo r or such other de signation as the executive head of the in stitution o r the college is referr ed.

h) “Fr eshe r” mean s a student who ha s been admitted to an institution and who is unde rgoing hi s/he r firs t yea r of study in such in stitution.

i) “Institution” mean s a highe r educational in stitution including, but not limited to an unive rs ity, a deemed to be unive rsity, a college, an in stitute, an institution of national impo rtance set up by an Act of Parliament or a con stituent unit of such in stitution, impa rting highe r educati on beyond 12 yea rs of schooling leading to, but not nece ss arily culminating in, a deg ree (graduate, po stgraduate and/o r highe r level ) and/o r to a unive rs ity dipl oma.

j) “NAA C” mean s the National Academic and Acc reditation Council establi shed by the Commi ss ion unde r section 12 (ccc ) of the Act;

k) “State Level Monito ring Cell” mean s the body con stituted by the State Gove rnment for the cont rol and elimination of ragging in in stitution s within the ju risdiction of the State, establi shed unde r a State La w or on the advice of the Cent ral Gove rnme nt, as the ca se may be.

38

(2) Words and exp ress ion s used and not de fined he rein but de fined in the Act or in the Gene ral Clau ses Act, 1897, shall have the meaning s respectively ass igned to them in the Act or in the Gene ral Clau ses Act, 1897, as the ca se may be.

5. Mea su res for prohibitio n of raggi ng at th e inst itut io n level :-

a) No institution or any pa rt of it the reo f, including it s element s, including, but not limited to, the depa rtment s, con stituent unit s, college s, cent res of studie s and all it s premi ses, whethe r academic, residential, playg round s, or canteen, whethe r located within the campu s or out side, and in all mean s of tran spo rtation of student s, whethe r public or private, acce ss ed by student s for the pu rs uit of studie s in such in stitution s, shall pe rmit or condone any reported incident of ragging in any form; and all in stitution s shall take all nece ss ary and requi red mea sures, including but not limited to the provi sion s of the se Regulation s, to achieve the objective of eliminating raggi ng, within the in stitution o r outside,

b) All in stitution s shall take action in acco rdance with the se Regulation s again st tho se found guilty of ragging and/o r abetting ragging, actively or pa ss ively, or being pa rt of a con spi racy to promote ragging.

6. Mea su res for preve nt io n of raggi ng at th e inst itut io n level. -

6.1 An in stitution shall take the follo wing step s in rega rd to admiss ion or registration of student s; namely,

a) Eve ry public decla ration of intent by any in stitution, in any elect ronic, audiovi sual or print or any othe r media, for admi ss ion of student s to any cou rs e of study shall exp ress ly provide that ragging is totally prohibited in the institution, and any one found guilty of ragging and/o r abetting ragging, whethe r actively or pass ively, or being a part of a conspiracy to promote ragging, is liable to be puni shed in acco rdance with the se Regulation s as well as unde r the provi sion s of any penal la w for the time being in force.

b) The brochu re of admi ss ion/in struction booklet or the prospectu s, whethe r in print or elect ronic format, shall pro minently print the se Regulation s in full. Provided that the in stitution shall al so draw attention to any law concerning ragging and it s con sequence s, as may be applicable to the in stitution publi shing such brochu re of admi ss ion/in struction booklet or the prospectu s. Pr ovided furthe r that the telephone numbe rs of the Anti -Ragging Helpline and all the impo rtant functiona rie s in the in stitution, including but not limited to the Head of the in stitution, faculty membe rs , membe rs of the Anti -Rag ging Committee s and Anti -Ragging Squad s, District and Sub -Divisional authorities, Wardens of ho stels, and othe r functionaries or autho rities whe re relevant, shall be publi shed in the brochu re of admi ss ion/in struction booklet or the prospectu s.

c) Whe re an in stitution is affiliated to a Unive rs ity and publishe s a brochu re of admi ss ion/ in struction booklet or a prospectu s, the affiliating univers ity shall en sure that the affiliated in stitution shall comply with the provi sion s of clau se (a) and clau se (b) of Regulation 6.1 of the se Re gulations.

d) The application form for admi ss ion, en rolment or registration shall contain an 39

affidavit, mandato rily in Engli sh and in Hindi and/or in one of the regional languages kno wn to the applicant, a s provided in the Engli sh language in Annexu re I to these Regulation s, to be filled up and signed by the applicant to the effect that he/ she ha s read and unde rs tood the provi sion s of the se Regulation s as well as the provi sion s of any othe r la w for the time being in force, and is aware of the prohibition of ragging and the puni shments prescribed, both unde r penal la ws as well as unde r the se Regulations and al so affirm to the effect that he/ she ha s not been expelled and/o r deba rr ed by any in stitutio n and furthe r ave r that he/ she would not indulge, actively or pa ss ively, in the act or abet the act of ragging and if found guilty of ragging and/ or abetting ragging, is liable to be proceeded again st unde r the se Regulation s or unde r any penal la w or any othe r la w for the time being in force and such action would include but i s not limited to deba rment o r expul sion o f such student. e) The application form for admiss ion, en rolment or regi stration shall contain an affidavit, mandato rily in Engli sh and in Hindi and/or in one of the regional languages kno wn to the pa rent s/gua rdians of the applicant, as provided in the Engli sh language in Annexure I to these Regulations, to be filled up and signed by the parent s/gua rdian s of the applicant to the effect that he/ she has read and unde rs tood the provision s of the se Regulation s as well as the provi sions of any othe r la w for the time being in force, and is aware of the prohibition of ragging and the puni shment s prescribed, both unde r penal la ws as well as under the se Regulation s and al so affirm to the effect that hi s/he r ward ha s not been expelled and/o r deba rr ed by any in stitution and furthe r ave r that hi s/he r ward would not indulge, actively o r pa ss ively, in the act o r abet the act of ragging and if found guilty of ragging and/o r abetting ragging, hi s/he r ward is liable to be proceeded again st unde r the se Regulation s or unde r any penal la w or any othe r la w for the time being in force and such action would include but is not limited to deba rment o r expul sion o f hi s/he r ward. f) The application for admi ss ion shall be accompanied by a document in the form of , or annexed to, the School Leaving Certificate/Tran sfer Ce rtificate/ Mig ration Ce rtificate/Character Certi ficate reporting on the inte r-pe rs onal/social behaviou ral patte rn of the applicant, to be iss ued by the school or in stitution la st attended by the applicant, so that the institution can thereafter keep watch on the applicant, if admitted, who se behaviou r ha s been commented in such document. g) A student seeking admi ss ion to a ho stel forming pa rt of the in stitution, or seekin g to reside in any tempo rary premi ses not forming pa rt of the in stitution, including a private commercially managed lodge or hostel, shall have to submit additional affidavit s counte rsigned by his/he r pa rents/gua rdian s in the form prescribed in Annexu re I and Annexu re II to the se Regulation s respectively along with hi s/he r application. h) Be fore the commencement of the academic sess ion in any in stitution, the Head of the Institution shall convene and address a meeting of va riou s functionarie s/agencie s, such as Hostel Warden s, rep resentative s of students, pa rent s/ guardian s, faculty, di strict admini stration including the police, to di scu ss the mea sures to be taken to prevent ragging in the in stitution and step s to be taken to identi fy tho se indulging in or abetting ragging and puni sh them.

40

i) The in stitution shall, to make the community at la rge and the student s in particula r aware of the dehumanizing effect of ragging, and the app roach of the institution towards tho se indulging in ragging, prominently di splay po ste rs depicting the provi sion s of penal la w applicable to incident s of ragging, and the provi sion s of the se Regulation s and al so any other law for the time being in force, and the puni shments thereo f, shall be prominently di splayed on Notice Boa rds of all departments, hostel s and other buildings as well as at place s, where students normally gathe r and at place s, kno wn to be vulne rable to occu rr ence s of ragging incident s.

j) The institution shall request the media to give adequate publicity to the law prohibiting ragging and the negative aspects of ragging and the institution ’s resolve to ban ragging and puni sh tho se found guilty without fea r or favou r.

k) The institution shall identi fy, properly illuminate and keep a close watch on all location s kno wn to be vulne rable to occu rr ence s of ragging incident s.

l) The in stitution shall tighte n secu rity in it s premi ses, especially at vulne rable place s and inten se policing by Anti -Ragging Squad, referr ed to in the se Regulation s and voluntee rs , if any, shall be resorted to at such point s at odd hou rs du ring the firs t few month s of the academic sess ion.

m) The in stitution shall utilize the vacation pe riod be fore the sta rt of the ne w academic yea r to launch a publicity campaign again st ragging through po ste rs , lea flet s and such other mean s, as may be de sirable or requi red, to promote the objectives of the se Regulation s.

n) The facultie s/departments/unit s of the in stitution shall have induction arr angements, including tho se which anticipate, identi fy and plan to meet any special need s of any speci fic section of student s, in place well in advance of the beginning of the academic yea r with an aim to promote the objective s of thi s Regulation.

o) Every in stitution shall enga ge or seek the assistance of professional coun sello rs before the commencement of the academic sess ion, to be available when requi red by the in stitution, for the pu rpo ses of offering coun selling to fr eshe rs and to othe r stude nts afte r the commencement of the academic yea r.

p) The head of the in stitution shall provide information to the local police and local autho ritie s, the detail s of eve ry privately comme rcially managed ho stels or lodge s used for residential purpo ses by student s en rolled in the in stitution and the head of the institution shall al so ens ure that the Anti -Ragging Squad shall en sure vigil in such location s to prevent the occu rr ence of ragging the rein.

6.2 An institution shall, on admiss ion or enrolment or registration of student s, take the following step s, namely;

a) Every fresh student admitted to the in stitution shall be given a printed leaflet detailing to whom he/ she ha s to tu rn to for help and guidance for va riou s pu rpo ses including add ress es and telephone numbers , so as to enable the student to contact the concern ed pe rs on at any time, if and when requi red, of the Anti -Ragging Helpline referr ed to in the se Regulation s, Warden s, Head of the in stitution, all membe rs of the anti -ragging squad s and committee s, relevant di strict and police autho ritie s.

41

b) The in stitution, th rough the lea flet speci fied in clau se (a) of Regulation 6.2 of the se Regulation s shall explain to the fr eshe rs , the arr angement s made for thei r induction and orientation which promote efficient and effective mean s of integ rating them fully as student s with tho se al ready admitted o the in stitution in ea rlie r yea rs . c) The leaflet specified in clause (a) of Regulation 6.2 of these Regulations shall inform the fr eshe rs about their right s as bona fide student s of the institution and clea rly in structing them that they should de sist fr om doing anything, with or again st thei r will, even if orde red to by the senio r student s, and that any attempt of ragging sh all be promptly repo rted to the Anti -ragging Squad or to the Warden or to the Head of the in stitution, as the ca se may be. d) The lea flet speci fied in clau se (a) of Regulation 6.2 of the se Regulations shall contain a calendar of events and activities laid down by the institution to facilitate and complement familia rizati on of freshe rs with the academic envi ronment of the in stitution. e) The in stitution shall, on the arr ival of senio r student s afte r the firs t week or afte r the second week, as the case ma y be, schedule orientation prog rammes as follows , namely; (i) joint sen sitization prog ramme and coun selling of both fr eshe rs and senio r student s by a profess ional coun sello r, referr ed to in clau se (o) of Regulation 6.1 of the se Regulation s; (ii ) joint orientation prog ramme of fr eshe rs and senio rs to be add ress ed by the Head of the in stitution and the anti -ragging committee; (iii ) organization on a la rge scale of cultural, spo rts and other activitie s to provide a plat form for the freshe rs and senio rs to interact in the presence of faculty membe rs ; (iv ) in the ho stel, the warden should add ress all student s; and may reque st two junio r colleague s fr om the college faculty to ass ist the warden by becoming resident tuto rs for a tempo rary du ration. (v) as far as po ss ible faculty membe rs should dine with the ho stel resident s in thei r respective ho stel s to in stil a feeling of con fidence among the fr eshe rs . f) The in stitution shall set up approp riate committee s, including the cours e-incharge, student advisor, Warden s and some senior students as its members , to actively monitor, promote and regulate healthy inte raction bet ween the fr eshe rs , junio r student s and senio r student s. g) Fr eshe rs or any othe r stude nt(s) , whethe r being victims, or witne sses, in any incident of ragging, shall be encou raged to repo rt such occu rr ence, and the identity of su ch in formant s shall be protected and shall not be subject to any adve rs e con sequence only for the rea son for having repo rted such incident s. h) Each batch of freshe rs, on arrival at the institution, shall be divided into small groups and each such group shall be ass igned to a membe r of the faculty, who shall inte ract individually with each membe r of the group eve ry day for asce rtaining the problem s or difficultie s, if any, faced by the fr esher in the in stitution and shall extend necess ary help to the fr eshe r in ove rcoming the same. i) It shall be the respon sibility of the membe r of the faculty assigned to the group of fr eshe rs , to coo rdinate with the Warden s of the ho stel s and to make surprise vi sit s to the room s in such ho stel s, whe re a membe r or members of the group are lodged; and such membe r of faculty shall maintain a dia ry of hi s/he r inte raction with the fr eshe rs unde r hi s/he r cha rge.

42

j) Fr eshe rs shall be lodged, as far as may be, in a sepa rate ho stel block, and whe re su ch facilitie s are not available, the institution shall ensure that acce ss of seniors to accommodation allotted to freshers is strictly monitored by wardens, security guards and othe r sta ff of the in stitution.

k) A round the clock vigil again st ragging in the ho stel premi ses, in orde r to prevent ragging in the ho stel s afte r the cla ss es are ove r, shall be en sured by the in stitution.

l) It shall be the respon sibility of the pa rent s/gua rdians of fr eshe rs to promptly bring any in stance of ragging to the notice of the Head of the Institution.

m) Eve ry student studying in the in stitution and hi s/he r pa rent s/gua rdian s shall provide the speci fic affidavit s requi red under clau ses (d), (e) and (g) of Regulation 6.1 of the se Regulation s at the time of admiss ion or regi stration, as the ca se may be, du ring each academic yea r.

n) Eve ry in stitution shall obtain the affidavit fr om eve ry student as referr ed to above in clau se (m) of Regulation 6.2 and maintain a prope r reco rd of the same and to en sure its safe upkeep thereo f, including maintaining the copies of the affidavit in an elect ronic form, to be acce ss ed ea sily when requi red eithe r by the Commi ss ion or any of the Council s or by the in stitution or by the affiliating Unive rs ity or by any othe r pe rs on o r organi sati on autho rised to do so.

o) Eve ry student at the time of hi s/he r regi stration shall in form the in stitution about his/ he r place of residence while pu rs uing the cou rs e of study, and in ca se the student has not decided hi s/he r place of residence or intend s to change the same, the details of hi s place of residence shall be provided immediately on deciding the same; and speci fically in rega rd to a pr ivate comme rcially managed lodge or ho stel whe re he/ she ha s taken up residence.

p) The Head of the institution shall, on the ba sis of the in formation provided by the student under clau se (o) of Regulation 6.2, apportion secto rs to be assigned to membe rs of the faculty, so that such membe r of faculty can maintain vigil and rep or t any incident of ragging out side the campu s or en route while commuting to the in stitution using any mean s of tran spo rtation of student s, whethe r public or private.

q) The Head of the in stitution shall, at the end of each academic yea r, send a lette r to the pa rent s/gua rdian s of the student s who are completing thei r firs t yea r in the in stitution, in forming them about the se Regulation s and any la w for the time being in force prohibiting ragging and the puni shment s the reof as well as puni shme nts prescribed unde r the penal la ws , and appealing to them to imp ress upon thei r wards to de sist fr om indulging in ragging on thei r retu rn to the in stitution at the beginning of the academic sess ion next.

6.3 Eve ry in stitution shall con stitute the follo wing bodie s; namely,

a) Eve ry in stitution shall con stitute a Committee to be kno wn as the Anti -Ragging Committee to be nominated and headed by the Head of the institution, and con sisting of rep resentative s of civil and police admini stration, local media, Non Gove rnment Organizations involved in youth activities, representative s of faculty members , representatives of parent s, representatives of students belonging to the freshers’

43

catego ry as well as senio r student s, non -teaching sta ff; and shall have a dive rs e mix of members hip in te rms of level s as well as gende r. b) It shall be the duty of the Anti -Ragging Committee to en sure compliance with the provi sion s of the se Regulations as well as the provi sion s of any la w for the time being in force conce rning ragging; and al so to monito r and overs ee the pe rf ormance of the Anti -Ragging Squad in prevention of ragging in the in stitution. c) Eve ry in stitution shall al so constitute a smalle r body to be known as the Anti - Ragging Squad to be nominated by the Head of the Institution with such rep resentation as may be con sidered necessary for maintaining vigil, overs ight and patrolling function s and shall remain mobile, alert and active at all time s. Pr ovided that the Anti -Ragging Squad shall have representation of va riou s membe rs of the campu s community and shall have no out side rep resentation. d) It shall be the duty of the Anti -Ragging Squad to be called upon to make surprise raid s on ho stel s, and othe r place s vulne rable to incident s of, and having the potential of, ragging and shall be empo wered to in spect such place s. e) It shall al so be the duty of the Anti-Ragging Squad to conduct an on -the-spot enquiry into any incident of ragging referred to it by the Head of the institution or any member of the faculty or any membe r of the sta ff or any student or any pa rent or gua rdian or any employee of a service provide r or by any othe r pe rs on, as the ca se may be; and the enqui ry repo rt along with recommendation s shall be submitted to the Anti -Ragging Committee for action unde r clau se (a) of Regulation 9.1.

Pr ovided that the Anti -Ragging Squad shall conduct such enqui ry ob serving a fair and tran spa rent procedure and the principle s of natu ral ju stice and after giving adequate oppo rtunity to the student or student s accu sed of ragging and othe r witness es to place be fore it the fact s, document s and vie ws conce rning the incident of ragging, and con side ring such othe r relevant in formation as may be requi red. f) Eve ry in stitution shall, at the end of each academic year, in orde r to promote the objective s of the se Regulation s, con stitute a Mento ring Cell con sisting of student s voluntee ring to be Mento rs for fr eshe rs , in the succeeding academic yea r; and the re shall be as many level s or tiers of Mento rs as the number of batche s in the institution, at the rate of one Mento r for six freshe rs and one Mentor of a highe r level for six Mento rs of the lo wer level . g) Eve ry Unive rs ity shall con stitute a body to be kno wn as Monito ring Cell on Raggi ng, which shall coo rdinate wit h the affiliated college s and in stitution s unde r the domain of the Unive rs ity to achieve the objective s of the se Regulation s; and the Monito ring Cell shall call for repo rts fr om the Head s of in stitution s in rega rd to the activitie s of the Anti -Ragging Committee s, Anti - Ragging Squad s, and the Mento ring Cell s at the in stitution s, and it shall al so keep it sel f abrea st of the deci sions of the District level Anti -Ragging Committee headed by the District Magi strate. h) The Monitoring Cell shall al so review the efforts made by in stitution s to publicize anti-ragging measures, soliciting of affidavits from parents/guardians and from student s, each academic yea r, to ab stain fr om ragging activitie s or willingne ss to be

44

penalized for violation s; a nd shall function a s the p rime move r for initiating action on the pa rt of the app rop riate autho ritie s of the unive rs ity for amending the Statute s or Or dinance s or Bye -la ws to facilitate the implementation of anti ragging mea sures at the level o f the in stitution.

6.4 Eve ry in stitution shall take the follo wing other mea sures, namely;

a) Each hostel or a place whe re groups of student s reside, forming pa rt of the in stitution, shall have a full -time Warden, to be appointed by the in stitution as pe r the eligibility crite ria laid do wn for the post reflecting both the command and cont rol aspect s of maintaining di scipline and preventing incident s of ragging within the ho stel, as well as the softe r skill s of cou ns elling and communicating with the youth out side the cla ss-room situation; and who shall reside within the ho stel, or at the ve ry lea st, in the clo se vicinity the reo f.

b) The Warden shall be acce ss ible at all hou rs and be available on telephone and othe r mode s of communication, and for the pu rpo se the Warden shall be p rovided wit h a mobile phone by the in stit ution, the numbe r of which shall be publici sed among all student s residing in the ho stel.

c) The in stitution shall review and suitably enhance the powers of Warden s; and the secu rity pe rs onnel po sted in ho stel s shall be unde r the di rect cont rol o f the Warden and thei r pe rf ormance shall be ass ess ed by them.

d) The profess ional coun sello rs referr ed to unde r clau se (o) of Regulation 6.1 of the se Regulations shall, at the time of admiss ion, coun sel fr eshe rs and/o r any othe r student (s) de siring coun selling, in orde r to prepa re them for the li fe ahead, pa rticula rly in regard to the li fe in ho stel s and to the extent poss ible, al so involve pa rents and teache rs in the coun selling sess ion s.

e) The in stitution shall unde rtake mea sures for exten sive publicity again st ragging by mean s of audio -vi sual aid s, coun selling sess ion s, workshop s, painting and de sign competitions among student s and such othe r mea sures, a s it may deem fit.

f) In orde r to enable a stude nt or any pe rs on to communicate with the Anti -Ragging Helpline, every in stitution shall pe rmit unrestricted acce ss to mobile phone s and public phone s in ho stel s and campu ses, othe r than in cla ss-room s, semina r hall s, lib rary, and in such othe r place s that the in stitution may deem it nece ss ary to restrict the u se o f phone s.

g) The faculty of the in stitution and its non -teaching sta ff, which include s but is not limited to the admini strative staff, cont ract employees, security guards and employee s of service provide rs provi ding service s within the institution, shall be sen sitized to wards the ill s of ragging, it s prevention and the con sequence s the reo f.

h) The in stitution shall obtain an undertaking fr om eve ry employee of the in stitution including all teaching and non -teaching membe rs of sta ff, cont ract labou r emplo yed in the premi ses eithe r for ru nning canteen or as watch and ward sta ff or for cleaning or maintenance of the buildings/lawns and employees of service provide rs providing service s within the in stitution, that he/she would report promptly any case of ragging which come s to hi s/he r notice.

45

i) The in stitution shall make a provision in the service rules of it s employee s for issuing ce rti ficate s of app reciation to such membe rs of the sta ff who report incident s of ragging, which will form pa rt of thei r service reco rd.

j) The in stitution shall give nece ss ary instruction s to the employee s of the canteens and me ss ing, whethe r that of the institution or that of a service provide r providing thi s service, or thei r employe rs , as the case may be, to keep a strict vigil in the area of thei r work and to repo rt the incident s of ragging to the Head of the in stitution or membe rs of the Anti -Ragging Squad or membe rs of the Anti -Ragging Committee or the Warden s, as may be requi red.

k) All Univers itie s awarding a deg ree in education at any level, shall be requi red to en sure that in stitution s im parting in struction in such cou rs es or conducting training prog ramme for teache rs include input s relating to ant ragging and the app reciation of the relevant human rights, as well as inputs on topic s rega rding sen sitization again st corpo ral puni shment s and checking of bullying amongst student s, so that eve ry teacher is equipped to handle at lea st the rudiment s of the coun selling app roach.

l) Discreet random survey s shall be conducted among st the fr eshe rs eve ry fortnight du ring the firs t th ree month s of the academic yea r to ve rify and cross check whethe r the in stitution is indeed fr ee of ragging or not and for the pu rpo se the in stitution may de sign it s own methodology of conducting such survey s.

m) The in stitution shall cau se to have an ent ry, apa rt fr om tho se relating to gene ral conduct and behaviour, made in the Migration/Tran sf er Ce rti ficate iss ued to the student while leaving the in stitution, as to whethe r the student ha s been puni shed for committing o r abetting an act of ragging, as al so whethe r the student ha s di splayed pe rs istent violent or agg ress ive behaviou r or any inclination to ha rm othe rs , du ring hi s cou rs e o f study in the in stitution.

n) Not with standing anything contained in the se Regulation s with rega rd to obligation s and respon sibilitie s pe rtaining to the autho ritie s or membe rs of bodie s prescribed above, it shall be the gene ral collective respon sibility of all level s and sections of autho ritie s or functiona rie s including membe rs of the faculty and employee s of the in stitution, whether regular or temporary, and employees of service providers providing service within the in stitution, to prevent or to act promptly against the occu rr ence of ragging or any incident of ragging which come s to thei r notice.

o) The Head s of in stitution s affiliated to a Unive rs ity or a con stituent of the Unive rs ity, as the ca se may be, shall, du ring the firs t th ree month s of an academic yea r, submit a weekly repo rt on the statu s of compliance with Anti -Ragging mea sures unde r the se Regulations, and a monthly repo rt on such statu s the rea fte r, to the Vice -Chancellor of the Unive rs ity to which the in stitution is affiliated to or recognized by it.

p) The Vice Chancello r of each Unive rsity, shall submit fortnightly repo rts of the University, including those of the Monitoring Cell on Ragging in case of an affiliating unive rs ity, to the State Level Monito ring Cell.

7. Actio n to be taken by th e Hea d of th e inst itut io n.- On receipt of the recommendation of the An ti Ragging Squad or on receipt of any in formation conce rning any repo rted incident

46

of ragging, the Head of in stitution shall immediately dete rmine if a ca se unde r the penal la ws is made out and if so, eithe r on hi s own or th rough a membe r of the Anti-Ragging Committee autho rised by him in thi s behal f, proceed to file a Firs t Information Rep or t (FI R), within twenty fou r hou rs of receipt of such in formation or recommendation, with the police and local autho ritie s, unde r the app rop riate penal provi sion s relating to one or mo re of the follo wing, namely:

i. Abetment to ragging;

ii. Criminal con spi racy to rag;

iii. Unla wf ul ass embly and rioting while ragging; iv. Public nui sance created du ring ragging; v. Violation of decency and mo ral s th rough ragging; vi. Inju ry to body, cau sing hu rt or grievou s hu rt; vii. Wrong ful restraint; viii. Wrong ful con finement; ix. Us e of criminal force; x. Ass ault a s well as sexual offence s or unnatu ral offence s; xi. Exto rtion; xii. Criminal trespa ss ;

xiii. Offence s against property; xiv. Criminal intimidation; xv. Attempts to commit any or all of the above mentioned offences against the victim (s) ; xvi. Th reat to commit any or all of the above mentioned offence s again st the victim (s) ; xvii. Phy sical or psychological humiliation; xviii. All othe r offence s flo wing fr om the de finition of “Ragging”.

Provided that the Head of the institution shall forthwith report the occurrence of the incident of ragging to the District Level Anti -Ragging Committee and the Nodal office r of the affiliating Unive rs ity, if the in stitution is an affiliated in stitution. Pr ovided furthe r that the in stitution shall al so continue with its own enquiry initiated unde r clause 9 of these Regulations and other measures without waiting for action on the pa rt of the police/local autho ritie s and such remedial action shall be initiated and completed immediately and in no ca se late r than a pe riod of seven day s of the repo rted occu rr ence of the incident of ragging.

8. Dut ie s and Resp ons ibili tie s of th e Comm iss io n and th e Coun cil s.-

8.1 The Commiss ion shall, with regard to providing facilitating communication of information rega rding incident s of ragging in any in stitution, take the follo wing step s, namely;

a) The Commi ss ion shall establi sh, fund and ope rate, a toll -fr ee Anti -Ragging Helpline, ope rational round the cloc k, which could be acce ss ed by student s in di stress owing to ragging related incidents. 47

b) Any di stress mess age recei ved at the Anti -Ragging Helpline shall be simultaneou sly relayed to the Head of the Institution, the Warden o f the Hostel s, the Nodal Office r of the affiliating Unive rs it y, if the incident repo rted ha s taken place in an in stitution affiliated to a Univers ity, the conce rned District autho rities and if so requi red, the District Magi strate, and the Supe rintendent of Police, and shall al so be web enabled so as to be in the public domain simultaneou sly for the media and citizen s to acce ss it.

c) The Head of the institution shall be obliged to act immediately in respon se to the in formation received fr om the Anti -Ragging Helpline as at sub -clau se (b) of thi s clau se.

d) The telephone numbers of the Anti-Ragging Helpline and all the important functiona rie s in eve ry in stitution, Head s of in stitutions, faculty membe rs , membe rs of the anti -ragging committee s and anti ragging squads, di strict and sub -divi sional authorities and state authorities, Warden s of hostels, and other functionaries or autho ritie s whe re relevant, shall be widely di ss eminated for acce ss or to seek help in emergencies.

e) The Commi ss ion shall maintain an app ropriate data ba se to be created out of affidavit s, affirmed by each student and hi s/he r pa rent s/gua rdian s and sto red elect ronically by the in stitution, either on it s or th rough an agency to be designated by it; and such databa se shall al so function as a reco rd of ragging complaint s received, and the statu s of the action taken the reon.

f) The Commi ss ion shall make available the databa se to a non -gove rnmental age ncy to be nominated by the Cent ral Gove rnment, to build con fidence in the public and al so to provide information of non compliance with the se Regulation s to the Councils and to such bodies as may be authorised by the Commi ssion or by the Cent ral Gove rnment.

8.2 The Commi ss ion shall take the follo wing regulato ry step s, namely;

a) The Commi ss ion shall make it mandato ry for the in stitution s to inco rpo rate in thei r prospectu s, the di rection s of the Cent ral Gove rnment or the State Level Monito ring Committee with rega rd to prohibition and con sequence s of ragging, and that non- compliance with the se Regulations and di rection s so provided, shall be con side red as lo wering of academic standa rds by the in stitution, the refore making it liable for app ropriate action.

b) The Commi ss ion shall ve rify that the in stitutions strictly comply with the requi rement of getting the affidavit s fr om the student s and their pa rents/gua rdian s as envi saged unde r the se Regulation s.

c) The Commi ss ion shall include a speci fic condition in the Utilization Ce rti ficate, in respect of any financial ass istance or grant s-in -aid to any in stitution unde r any of the gene ral or special scheme s of the Commi ss ion, that the in stitution ha s complied with the anti -ragging mea sures.

d) Any incident of ragging in an in stitution shall adve rsely affect it s acc reditation, ranking or grading by NAAC or by any othe r autho rised acc reditation agencie s while ass essing the in stitution for acc reditation, ranking or grading pu rpo ses. 48

e) The Commi ss ion may acco rd prio rity in financial grant s-in -aid to tho se in stitution s, othe rw ise eligible to receive grant s unde r section 12B of the Act, which repo rt a blemi shle ss reco rd in te rms of the re being no repo rted incident of ragging.

f) The Commi ss ion shall constitute an Inte r-Council Committee, con sisting of rep resentatives of the va riou s Council s, the Non -Gove rnmental agency respon sible for monitoring the database maintained by the Commission under clause (g) of Regulation 8.1 and such othe r bodie s in highe r education, to coo rdinate and monito r the anti-ragging measures in institutions across the country and to make recommendation s fr om time to time; and shall meet at lea st once in six month s each year.

g) The Commi ss ion shall in stitute an Anti -Ragging Cell within the Commi ss ion as an in stitutional mechani sm to provide sec reta rial suppo rt for collection of in formation and monitoring, and to coordinate with the State Level Monitoring Cell and University level Committee s for effective implementation of anti -ragging mea sures, and the Cell shall al so coordinate with the Non -Gove rnmental agency respon sible for monito ring the databa se maintained by the Commi ss ion appointed unde r clau se (g) of Regulation 8.1.

9. Adm inist ra tive ac tio n in th e eve nt of raggi ng. -

9.1 The institution shall punish a stu dent found guilty of ragging after following the procedu re and in the manne r prescribed he reinunde r:

a) The Anti -Ragging Committee of the in stitution shall take an app rop riate deci sion , in rega rd to puni shment or othe rwise, depending on the fact s of each incident of ragging and natu re and gravity of the incident of ragging established in the recommendations of the Anti -Ragging Squad.

b) The Anti -Ragging Committee may, depending on the natu re and gravity of the guilt establi shed by the Anti -Ra gging Squad, award, to tho se found guilty, one or mo re of the follo wing puni shment s, namely;

i. Suspen sion fr om atten ding cla ss es and academic p rivilege s.

ii. Withholding/ withd rawing schola rs hip/ fello ws hip and othe r bene fit s.

iii. Deba rr ing fr om appea ring in any te st/ examination or othe r evaluation proce ss . iv. Withholding result s. v. Debarr ing fr om rep resenting the institution in any regional, national or inte rnational meet, tou rnament, youth festival, etc.

vi. Suspen sion/ expul sion fr om the ho stel. vii. Cancellation of admiss ion. viii.Ru stication fr om the in stitution for pe riod ranging fr om one to fou r seme ste rs .

ix. Expul sion fr om the in stitution and con sequent deba rr ing fr om admi ss ion to any othe r in stitution for a speci fied pe riod.

Pr ovided that whe re the pe rs on s committing or abetting the act of ragging are not identi fied, the in stitution shall resort to collective puni shment.

49

c) An appeal again st the orde r of puni shment by the Anti -Ragging Committee shall lie,

i. in case of an order of an institution, affiliated to or constituent part, of a University, to the Vice -Chancellor of the Unive rs ity;

ii. in ca se of an orde r of a Unive rs ity, to it s Chancello r.

iii. in ca se of an in stitution of national impo rtance created by an Act of Parliament, to the Chai rman o r Chancello r of the in stitution, as the ca se may be.

9.2 Whe re an in stitution, being con stituent of, affiliated to or recognized by a Unive rs ity, fail s to comply with any of the provi sion s of these Regulation s or fail s to curb ragging effectively, such Unive rs ity may take any one or mo re of the follo wing action s, namely;

i. Withd rawal of affiliation/recognition or othe r privilege s con ferr ed.

ii. Prohibiting such in stitution from presenting any student or students then unde rgoing any prog ramme of study the rein for the award of any deg ree/diploma of the University. Pr ovided that where an institution is prohibited from presenting it s student or student s, the Commi ss ion shall make suitable arr angement s for the othe r student s so as to ensure that such student s are able to pu rs ue thei r academic studie s.

iii. Withholding grant s allocated to it by the unive rsity, if any

iv. Withholding any grant s chanelli sed th rough the unive rs ity to the in stitution. v. Any othe r app rop riate penalty within the po wers of the unive rs ity. 9.3 Whe re in the opinion of the appointing autho rity, a lap se is att ributable to any membe r of the faulty or sta ff of the institution, in the matte r of repo rting or taking prompt action to prevent an incident of ragging or who di splay an apathetic or in sen sitive attitude to wards complaint s of ragging, or who fail to take timely step s, whethe r requi red unde r these Regulation s or othe rw ise, to prevent an incident or incident s of ragging, then such autho rity shall initiate departmental disciplinary action, in accordance with the prescribed procedure of the in stitution, again st such membe r of the faulty or sta ff. Pr ovided that whe re such lap se is att ributable to the Head of the in stitution, the autho rity de signated to appoint such Head shall take such depa rtmental di sciplina ry action; and such action shall be without prejudice to any action that may be taken unde r the penal la ws for abetment of ragging for failu re to take timely steps in the prevention of ragging or puni shing any student found guilty of ragging.

9.4 The Commi ssion shall, in respect of any in stitution that fail s to take adequate step s to prevent ragging or fails to act in accordance with these Regulations or fails to puni sh pe rpet rato rs or incident s of ragging suitably, take one of mo re of the follo wing mea sures, namely;

i. Withd rawal of decla ration of fitne ss to receive grant s unde r section 12B of the Act. ii. Withholding any grant allocated. iii. Decla ring the in stitution ineligible for con side ration for any ass istance unde r any of the gene ral o r special ass istance prog rammes of the Commi ss ion.

50

iv. Informing the gene ral public, including potential candidate s for admi ss ion, th rough a notice di splayed prominently in the ne ws pape rs or othe r suitable media and po sted on the web site of the Commi ss ion, decla ring that the in stitution doe s not po ss ess the minimum academic standa rds.

v. Taking such othe r action within it s po wers as it may deem fit and impo se such ot her penaltie s as may be provided in the Act for such du ration of time as the in stitution complie s with the provision s of the se Regulation s. Pr ovided that the action ta ken unde r thi s clau se by the Commi ss ion again st any in stitution shall be sha red with all Council s.

(D r. R.K. Ch auh an) Secretary

To,

The Ass ist ant Cont roller, Pub lica tio n Divi sio n, Gov t. of Ind ia, Mi nist ry of Urban Develo pm ent and Poverty Allevia tio n, Civil Li nes Del hi -110 054

51

[Tran slation in Engli sh of the Kerala Pr ohibition of Ragging Act, 1998 published unde r the autho rity of the Gove rno r]

THE KERALA PROHIBITION OF RAGGING ACT, 1998* (A ct 10 of 1998 ) An Act to prohibit ragging in educational in stitution s in the State of Kerala.

Pr eamble.- WHERE AS it is expedient to prohibit ragging in educational in stitutions in the State of Kerala.

BE it enacted in the Forty -Ninth Yea r of the Republic of India as follo ws :-

1. Sho rt title, extent and Co mm ence ment. - (1) Thi s Act may be called the Kerala Pr ohibition of Rag ging Act, 1998.

(2) It extend s to the whole of the State of Kerala.

(3) It shall be deemed to have come into force on the 23 rd day of Octobe r, 1997. 2. Definition s.-In thi s Act, unle ss the context othe rw ise requi res,- (a) ‘head of the educational in stitution ’ mean s the Principal or the Headma ste r or the pe rs on respon sible for the management o f that educational in stitution;

(b) ‘Ragging ’ mean s doing of any act, by di sorde rly conduct, to a student of an educational in stitution, which cau ses or is likely to cau se phy sical or psychological ha rm or rai sing app rehen sion o r fea r or shame or emba rr ass ment to that student and include s-

(i) tea sing, abu sing or playing practical joke s on, or cau sing hu rt to, such student; or

(ii ) asking a student to do any act or pe rf orm something which such student will not, in the ordina ry cou rs e willingly, do.

3. Prohibition of ragging - Ragging within or out side any educational in stitution is prohibited.

4. Penalty for ragging.- Whoever commits, participates in, abet s or propagates ragging within, or out side, any educational in stitution shall, on conviction, be puni shed with imp risonment for a te rm which may extend to two yea rs and shall al so be liable to a fine which may extend to ten thou sand rupee s.

5. Dismissal of student.- Any student convicted of an offence under section 4 shall be dismissed fr om the educational in stitution an d such student shall not be admitted in any othe r educatio nal in stitution for a pe riod of th ree yea rs fr om the date of orde r of such di smi ss al.

6. Su spen sion of student

(I) Wheneve r any student or, as the ca se maybe, the pa rent s or gua rdian, or a teache r of an educational in stitution complain s, in wr iting, of ragging to the head of the educational institution, the head of that educational institution shall, without prejudice to the foregoing provision s, within seven day s of the receipt of the complaint, enqui re into the matte r mentioned in the complaint and if, prima facie, it is found true, suspend the student who is accu sed of the offence, and shall, immediately, forward the complaint to the police station having jurisdiction over the area in which the educational institution is situated, for furthe r action. 52

(2) Whe re, on enqui ry by the head o f the educational in stitution, it is proved that the re is no sub stance prima facie in the complaint received unde r sub - section (1), he sh all intimate the fact, in wr iting, to the complainant.

7. Dee med abet ment. - If the head of the educational in stitution fail s or neglect s to take action in the manne r speci fied in section 6 when a complaint of ragging is made, such pe rs on shall be deemed to have abetted the o ffence o f ragging and shall, on conviction, be puni shed a s provided for in section 4.

8. Powe r to make rules.- (1) The Gove rnment may, by noti fication in the Gazette, make rule s for ca rr ying out all or any of the pu rpo ses of thi s Act.

(2) Every rule made unde r thi s Act shall be laid; as soon as may be afte r it is made, be fore the Legi slative Ass embly, while it is in sess ion for a total pe riod of fou rteen day s, which may be comp rised in one sess ion or in two succe ss ive sess ion s, and if be fore the ex piry of the sess ion in which it is so laid; or the sess ion immediately follo wing, the Legislative Assembly makes any modi fication in the rule or decides that the rule should not be made, the rule shall, the rea fte r, have effect only in such modi fied form or be of no effect, as the ca se may be, so; ho weve r that any such modi fication or annulment shall be without prejudice to the validity of anything previou sly done unde r that rule.

9. Repeal and saving - (1) The Kerala Pr ohibition of Ragging Or dinance, 1998 (2 of 1998 ) is he reby repealed.

(2) Not withstanding such repeal, anything done or deemed to have been done or any action ta ken or deemed to have been taken unde r the said Or dinance shall be deemed to have been done or taken unde r thi s Act.

* Received the assent of the Governor on 23 rd day of April, 1998 and published in the Kerala Gazette Extraord ina ry No. 1007 dated 24th June; 1998

53

THE KERALA LAW ACAD EMY LAW COLLEGE 1. AN TI -RA GGI NG COMM ITTEE

1. Head of the Institution : Principal

2. Representative of Civil and Police : i. Civil Admission - Shri. Suresh Kumar IAS

Administration ii. Police Administration - Circle Inspector of Police Peroorkada, Thiruvananthapuram-5

3. Representative of Local Media : Shri. R. Ajith Kumar, Resident Editor, “Mangalam” Mob : 9895060550

4. Representative of Non-Govt. organization : Shri. Suresh Abraham, Treasurer, Global Kerala involved in youth activities Initiative - Keraleeyam.

5. Representatives of Faculty Members : i. Prof. M.M. Madhavan Potti - Professor ii.Smt. B. Thulasimony - Professor 6. Representatives of Parents : iii. Shri. G. Anil Kumar - Joint Food Safety Commissioner

i. Shri. R. Nagesh Kumar - Assistant Prosecutor

ii. Shri. Santhosh G.L. - Assistant Prosecutor

7. Representatives of students belonging :

to Freshers’ category as well as Freshers

Senior Students i. Ms. Anjana Kannath - 1st Sem. LLB (3 year)

ii. Shri. Manu George - 1st Sem. LLB (3 year) - iii. Shri. Balu Dinesh 1st Sem. LLB (5 year) iv. Ms. Bhanu Thilak - 1st Sem. LLB (5 year)

Seniors

i. Ms. Pinku Mariam Jose - III Sem. LLB (5 Yr) ii. Shri. Adhithya Rajeev - III Sem. LLB (5 Yr) iii. Shri. Abel Sunil George - VII Sem. LLB (5 Yr) iv. Ms. Ponni J. - V Sem. LLB (5 Yr) 8. Representatives of Non-Teaching Staff : i. Shri. M.S. Padmanabhan ii. Smt. Manjusha G.K. II. AN TI -RAGGI NG SQ UAD List of members nominated : Teaching i. Shri.Shaiju R.

ii. Smt. Ajitha Kumari L. Non-Teachig K. Raman Pillai Students i. Shri. Visruth R.S., VII Sem. LLB (5 Yr)

ii. Ms. Saranya U. Narayanan, Vth Sem. LLB (5 Yr.)

54

Telephones:

Dr. N. Nara yanan Nair , Dire ct or College Office : 2433166 Personal : 2437655 Re s : 2436886 Cen tre : 2330478 La Cour t Cen tre : 2479399

Principal : Dr. P.Lekshmi Nair College : 2436640 Re s : 2450082

Vice-Principal : Pro f. M.M. Madhavan Potti College : 2433166

Kerala Law Ac adem y Law College , Peroor kada , Thiru vanan thapuram-5 : 2433166

College Librar y : 2539356

Centre for Advan ced Legal Studie s & Research, Thiruvananthapuram-39 : 2330478

CALSA R Librar y : 2320345

Law Ac adem y Court Cen tre , Vanchiyoor, Thiru vananthapuram-35 : 2479399