Leading by education

Justice Bejjaram Chandra Kumar is known for his patience, wisdom, firmness, alertness, incorruptibility, sympathy, empathy and insights. His knowledge of law and human rights is extensive. He has been instrumental in the pronouncement of several historic judgements that have positively impacted the interests of women, students and society. Justice Chandra Kumar talks to Lata Jain on his plans to help transform India using education as an instrument of change

On many occasions and at many functions you have spoken only about female foeticide, though both sex determination tests and foeticide are common. Why?

I have been creating awareness on female foeticide, but it continues to haunt our society. There is a need for creating mass awareness, a need for infusing confidence in society for the upbringing of a female child. Parents are not able to get that confidence from the system.

Every child comes into this world with a purpose. Nature has set in place certain norms. There is an arrangement in nature, a very beautiful arrangement which includes 12-hour day, 12-hour night, lakes, rivers and mountains. We are nobody to disturb this arrangement.

Human race makes claims of having achieved rapid progress in science and technology, but we continue to lag behind when it comes to upholding human values. The alarming decline in sex ratio is a dangerous trend and people should understand its serious repercussions. In future, boys will not find girls to marry if this continues.

Your book ‘Na kalam lo ink ipoindi’ is very inspiring. What inspired you to write the touching book?

I have penned my experiences as well as my experiences with others and society at large. In this book, there are poems on dowry harassment, unemployment, regard for the guru, about Mahatma Gandhi and the present society. It is like I get into a roller coaster and sit there, while it goes up and down and upside down and sometimes I get thrown out and I hit my head, but I crawl back in again and the moment I'm back in, it just keeps on going and going again...all of this, so I can find things out and then I write about the things. I find out so you can find them out from me – all the bruises, all the wounds, all the bumps on the head, all the scars; just so I can take that and I can write all these things, not my scars, but those of people around me. All of this is to show my empathy for the suffering mankind.

You are a very soft person by nature. Do people take advantage of you, though you are on a seat of justice?

I am good natured and kind at heart, but there is no compromise when it comes to my duty and sense of judgement. The guilty have to be punished and the innocent saved. You need not raise your voice to command respect, you have to drive home the point and that can be done softly. As a leader, you are always communicating. People are unrelenting leader-watchers, and your “off-record” behavior is being closely monitored. In the words of one savvy leader, “What I do in the hallway is more powerful than anything I say in front of an audience.” There is a vast difference between manipulating and influencing others. Manipulation deliberately uses and abuses other people to act out your intentions. Influence, on the other hand, requires buy-in on the part of the person being influenced and a willingness on their part to support your goals. When you manipulate others, you give away any chance of gaining respect from others.

In terms of Article 16, you found fault with the Andhra Pradesh State Road Transport Corporation for not allowing women to take up jobs as shramiks, mechanics and charge men? Do you think women can do these jobs?

Men and women are equal. Men and women are doing the jobs of agriculture. Women plough fields. They have been equal to men in every aspect; so, why not these jobs? Women are now pilots, bus drivers, conductors so why not the jobs of shramiks and mechanics. They may not be able to take the physical exertion as men, but they can surely do the other mechanical jobs. The corporation contended that it has never recruited women for the post, as the jobs of shramik and mechanic involve heavy and strenuous duties and it sought exemption from the government for recruiting women to these posts. The government had accorded the exemption. Such exclusion violates Article 16 of the Constitution.

After perusing the records, I made it clear that the government had exempted APSRTC in certain special circumstances from filling backlog posts with women, but such exemption cannot be used for subsequent recruitments.

You are the president of Lead India 2020 for this year. What projects have you taken up for this year?

Abdul Kalam is a man of inspiration to millions of people and we are feeling great for his association with Lead India 2020, which, among other things, aims to scale up the education sector. Education is necessary for every human to reach great heights in one’s career. We have trained students of more than 100 schools in every district in collaboration with Rajiv Vidya Mission. We take up 21-day and 30-day training of students. Many teachers are also joining the programme.

The behavioral patterns and attitudes of students are studied and necessary brain storming sessions are held. The training engenders a scientific temper, inculcates human values, and inspires leadership with patriotism. At the end of the training session, each student not only sets a mission for life, but also writes his/her mission statement and this is kept in his/her file. Aap Badho Desh Ko Bhadao is the fundamental philosophy of Lead India 2020. Individual development leads to national development

In any historical or other judgement of yours, was there ever a conflict between law and humanity and you found it difficult to pass judgment?

Judges are also human beings and in several cases we know that the aggrieved party is right on humanitarian grounds, but we have to follow the Constitution. There was a case when I was the additional district judge in Chittoor. A young boy sold two acres of his land and started a small enterprise. The family grew the unit and they employed 20 people. Due to financial crisis he had to mortgage his property to APSFC. APSFC mortgage is done through adequately secured, properly valued saleable immovable property commensurate with the associated risk. He became a defaulter. He had to part with the enterprise. I was feeling bad as he was a defaulter only for the last two installments. His entire family would come on the roads. The day I had to pronounce the judgment I offered prayers to Baba and was about to leave for the court when a book-let from the Supreme Court came by tapaal. It was about amendments in the law, which stated that loan payments need not include working capital. I pronounced the judgment and the young boy’s family was saved from coming on to the streets. He could repay his loan and the enterprise could function under his management.

There is shortage of staff in courts. Cases drag on for years. People do not respect judiciary and there is no fear of law.

There is shortage of judges. The ratio of judges to courts is very low. More laws are coming into force -- 138NI act, 498(a), SC/ST act, Nirbhaya act. More laws, amendments, more cases, but the numbers of courts and judges are the same. Each day there are more than 100 cases even in high court. The cases never reach hearing; hence, a date.

As for respect and fear, it is the case not just in judiciary and law. People don’t respect anybody. The problem is the value system. Do they respect their teachers or their parents?

Your education, family, interests and hobbies?

I was born on 7.1.1953 in Adilabad District. My father B Ramachander was a freedom fighter and worked as a teacher. My father’s life was one of great struggle and sacrifices for the country and the family. He was a follower of Netaji. My mother, Bhagirathibai, was a housewife. From Class VI to degree I in studied in Adilabad. I pursued my law from Osmania University in the year 1978. I worked for some time with Justice Sardar Ali Khan and practiced as an advocate at Adilabad from 1978 to 1988. I shifted from Adilabad to Hyderabad in the year 1988 and practiced in the AP High Court and other Courts and Tribunals. I was elevated as Additional Judge of the High Court of Andhra Pradesh in 2009. I was appointed as Judge of the High Court of Andhra Pradesh and assumed charge in 2010.

My wife Narmada is a housewife. My elder son Ramakrishna is pursuing his Ph D (CS). My daughter Prathibha is a software engineer. She completed her law and has just started practice. My third son Ravichandra has completed M. Tech and is pursuing law now. I spend my free time playing with my grandson. n