K. S. Rajah
Encyclopedia
Kasinather Saunthararajah S.C.
, P.B.M.
(3 March 1930 – 17 June 2010), known professionally as K.S. Rajah, was a Senior Counsel
and former Judicial Commissioner
of the Supreme Court of Singapore
. Born in Penang
, he came to Singapore in 1950 and worked as a teacher before embarking on part-time law studies at what was later known as the University of Singapore, graduating in 1963 with a Bachelor of Laws
with honours (LL.B. (Hons.)). He then spent the next 22 years with the Singapore Legal Service
, eventually heading the civil and criminal divisions of the Attorney-General's Chambers
and also serving as Director of the Singapore Legal Aid Bureau and head of the Official Assignee and Public Trustee's Office. In 1985 he retired from the Legal Service and went into private practice, establishing the firm of B. Rao & K.S. Rajah.
In 1991, Rajah was appointed a Judicial Commissioner
of the Supreme Court of Singapore. His time on the Bench was marked by a number of significant family law
cases, including one in 1991 in which he held that since the gender of a transsexual
person was to be determined according to biological criteria, sex reassignment surgery
did not alter a person's gender. Thus, a marriage between an individual who had undergone a female-to-male sex change operation and a woman was void, being a marriage between two persons of the same gender. The decision prompted Parliament
to amend the Women's Charter
in 1996 to permit transsexual people to marry in the capacity of their new gender.
Rajah retired as a judge in 1995 and joined Harry Elias & Partners (now Harry Elias Partnership LLP) as a consultant. He also became the first President of the Tribunal for the Maintenance of Parents in 1996. The following year, he was appointed Senior Counsel in the first group of lawyers to be conferred this status. A member of the Singapore Mediation Centre and the Singapore International Arbitration Centre, he was active as a mediator and arbitrator. A frequent contributor to the Malayan Law Journal and the Singapore Law Gazette, particularly on criminal law
and constitutional
matters, a number of his legal articles provoked controversy.
Rajah was the Chairman of the Sri Aurobindo
Society Singapore, the Secretary and later the President of the Hindu Centre, and the Vice-President of the Singapore Anti-Narcotics Association. He also served with the Hindu Endowments Board
and the Society for the Physically Disabled. He was conferred the Pingat Bakti Masyarakat
(Public Service Medal) at the National Day Awards in August 2002, and in October 2008 received the C.C. Tan Award, which recognizes lawyers who display the highest ideals of the profession, from the Law Society of Singapore
.
n couple, K.S. Rajah was born in Perai
, Province Wellesley (now Seberang Perai
), Penang
, in what was then the Straits Settlements
(now Malaysia) on 3 March 1930. His father was a clerk, and as the family was not well off he often could not afford books and had to borrow them and copy out texts by hand. He was a pupil of the Bukit Mertajam High School
. Still a student during the Japanese Occupation
, to contribute towards his family's finances he worked as a mess
boy at a Japanese officers' mess and later as a translator for the Japanese authorities.
Rajah left school at the age of 16 years. His first job was as a wireless
operator on shore for the Penang port authority, using Morse code
to communicate with vessels at sea. Coming to Singapore in 1950, he started working as a teacher at Sembawang
Primary School, and was sent for further training in the United Kingdom in 1953 on a scholarship from the Ministry of Education
. On his return, he lectured at the Teachers' Training College. He became a Singapore citizen
in 1958. In 1959 he joined the pioneer batch of law undergraduates at the University of Malaya
in Singapore
to study law part-time; in December the same year he married his wife Gnanambigai. The university became known as the University of Singapore
in 1962, and Rajah graduated from it with a Bachelor of Laws
with honours (LL.B. (Hons.)) the following year.
in 1963, becoming a deputy public prosecutor and, later, senior state counsel with the Attorney-General's Chambers
. He was admitted to the Bar
on 18 May 1966. He handled a number of prominent criminal matters, including the Pulau Senang
and Sunny Ang murder trials; and the Gold Bars case, in which a Hong Kong seaman was found to have tried to unlawfully import 165 gold bars and 134 gold coins worth S$
86,076.70 without a permit. In September 1967 he led the prosecution of 262 members of the Barisan Sosialis
political party (dissolved in 1988) for unlawful assembly
and disturbing the peace
, Singapore's largest criminal trial. He eventually led the Chambers' civil and criminal sections until 2 August 1972, when he was appointed to head the Official Assignee and Public Trustee's Office. He was also the longest-serving Director of the Singapore Legal Aid Bureau. In 1985, he retired from the Legal Service and went into private practice, establishing the firm of B. Rao & K.S. Rajah.
of the Supreme Court of Singapore. During his time on the Bench, he decided a number of significant family law
cases. In Lim Ying v. Hock Kian Ming Eric, he held that the gender of a transsexual
person was to be determined according to biological criteria, which meant that sex reassignment surgery
did not alter a person's gender. Thus, a marriage between an individual who had undergone female-to-male sex reassignment surgery and a woman was void, being a marriage between two persons of the same gender. The decision prompted Parliament
to amend the Women's Charter
to permit transsexual people to marry in the capacity of their new gender. In 1992, Rajah J.C. annulled the marriage of a 21-year-old woman whose family had forced her into an arranged marriage. This was believed to have been the first judicial decision of its kind in Singapore. Two years later, in another landmark case, he applied to a house-husband the principle that a divorced woman who has not contributed financially towards the acquisition of matrimonial assets is nonetheless entitled to a substantial share of them in view of her indirect contributions in the form of paying towards the household expenses or caring for the family.
's Committee on Guidance for the Legal Profession on Anti-Money Laundering. In 1997, Rajah was appointed Senior Counsel
in the first group of lawyers to be conferred this status. He was subsequently appointed a member of the Singapore Mediation Centre in 1998, and of the Singapore International Arbitration Centre in 2003. He acted as sole arbitrator and as chairman of arbitral tribunal
s in domestic and international arbitration
s, in particular arbitrations taking place in Bangladesh and India. He was also a referee of the Ministry of Manpower
's Industrial Arbitration Court.
Rajah was an active contributor of legal articles to the Malayan Law Journal and the Singapore Law Gazette. An article in the August 2003 issue of the Law Gazette entitled "The Unconstitutional Punishment", which argued that the mandatory
death penalty in Singapore
was contrary to the Constitution of Singapore
, was obliquely criticized by the Chief Justice
Yong Pung How
. Rajah, appearing before Yong C.J. in an appeal, submitted that a magistrate should have allowed his client to compound her offence
of abusing her maid, arguing that "[t]he idea of composition is international". The Chief Justice said that Rajah, a person of "tremendous experience and wide learning", had stated in one of his "wonderful articles" that the death penalty was unconstitutional due to international law. However, he remarked: "I am not concerned with international law. I am a poor humble servant of the law in Singapore. Little island." On 22 March 2005, Rajah delivered a speech on the subject of his article at a LAWASIA conference in the Gold Coast, Queensland
, Australia. Another Law Gazette article published in January 2006 which argued that the Court of Appeal's conviction of two men accused of murder who had been acquitted
by the High Court violated the constitutional protection against double jeopardy
was said by the Ministry of Law
to be "legally flawed".
In his last case in 2008, he represented certain minority owners of flats in the Horizon Towers condominium before the High Court
in their bid to block the collective sale of the housing development supported by a majority of flat owners. He argued, among other things, that the right to acquire, hold and dispose of property was enshrined in the Constitution, but failed to convince the judge. Although the minority owners were unsuccessful at trial, the judgment was later reversed by the Court of Appeal
.
Active in volunteer work, Rajah was the Chairman of the Sri Aurobindo
Society Singapore the Secretary and later the President of the Hindu Centre, and the Vice-President of the Singapore Anti-Narcotics Association. He also served with the Hindu Endowments Board
, Kong Meng San Phor Kark See Temple
, Mount Alvernia Hospital and Medical Centre
and the Society for the Physically Disabled.
, a rare cancer of the lining of the blood vessels, of the scalp for a year. He was survived by his wife Gnanambigai Rajah; his sons Surenthiraraj (known as Suressh; as of June 2010 he was Head of Aviation and Shipping and a civil and commercial litigation partner at Harry Elias Partnership) and Yogenthiran, and daughters Jothie and Vaani; seven grandchildren; and 11 of his siblings.
(Public Service Medal) at the National Day Awards in August 2002. In October 2008 he received the C.C. Tan Award, which recognizes lawyers who display the highest ideals of the profession, from the Law Society for "his personal integrity, honesty and outstanding contributions to the legal profession".
Senior Counsel
The title of Senior Counsel or State Counsel is given to a senior barrister or advocate in some countries, typically equivalent to the title "Queen's Counsel" used in Commonwealth Realms...
, P.B.M.
Pingat Bakti Masyarakat
The Pingat Bakti Masyarakat was instituted in 1973. The medal may be awarded to any person who has rendered commendable public service in Singapore or for his achievement in the field of arts and letters, sports, the sciences, business, the professions and the labour movement.Recipients are...
(3 March 1930 – 17 June 2010), known professionally as K.S. Rajah, was a Senior Counsel
Senior Counsel
The title of Senior Counsel or State Counsel is given to a senior barrister or advocate in some countries, typically equivalent to the title "Queen's Counsel" used in Commonwealth Realms...
and former Judicial Commissioner
Judicial Commissioner
A Judicial Commissioner in Singapore is appointed to the Supreme Court by the President of Singapore on the advice of the Prime Minister, and has the powers of a Judge. A person may be appointed a Judicial Commissioner if he/she has been a "qualified person" within the meaning of section 2 of the...
of the Supreme Court of Singapore
Singapore
Singapore , officially the Republic of Singapore, is a Southeast Asian city-state off the southern tip of the Malay Peninsula, north of the equator. An island country made up of 63 islands, it is separated from Malaysia by the Straits of Johor to its north and from Indonesia's Riau Islands by the...
. Born in Penang
Penang
Penang is a state in Malaysia and the name of its constituent island, located on the northwest coast of Peninsular Malaysia by the Strait of Malacca. It is bordered by Kedah in the north and east, and Perak in the south. Penang is the second smallest Malaysian state in area after Perlis, and the...
, he came to Singapore in 1950 and worked as a teacher before embarking on part-time law studies at what was later known as the University of Singapore, graduating in 1963 with a Bachelor of Laws
Bachelor of Laws
The Bachelor of Laws is an undergraduate, or bachelor, degree in law originating in England and offered in most common law countries as the primary law degree...
with honours (LL.B. (Hons.)). He then spent the next 22 years with the Singapore Legal Service
Singapore Legal Service
The Singapore Legal Service is the collective body of lawyers who serve in the courts, the Attorney-General's Chambers, and the legal departments of various government ministries and statutory boards in Singapore...
, eventually heading the civil and criminal divisions of the Attorney-General's Chambers
Attorney-General of Singapore
The Attorney-General of Singapore is the legal adviser to the government of the Republic of Singapore and its public prosecutor.The office was founded in 1867 as the chief legal officer of the British crown colony of the Straits Settlements. The current requirements for appointment as...
and also serving as Director of the Singapore Legal Aid Bureau and head of the Official Assignee and Public Trustee's Office. In 1985 he retired from the Legal Service and went into private practice, establishing the firm of B. Rao & K.S. Rajah.
In 1991, Rajah was appointed a Judicial Commissioner
Judicial Commissioner
A Judicial Commissioner in Singapore is appointed to the Supreme Court by the President of Singapore on the advice of the Prime Minister, and has the powers of a Judge. A person may be appointed a Judicial Commissioner if he/she has been a "qualified person" within the meaning of section 2 of the...
of the Supreme Court of Singapore. His time on the Bench was marked by a number of significant family law
Family law of Singapore
The Family law of Singapore deals with several family legal issues in Singapore. It deals with adoptions, divorce, children's issues, division of matrimony property, personal protection orders and maintenance. The family court in Singapore oversees these legal issues.Singapore has two separate and...
cases, including one in 1991 in which he held that since the gender of a transsexual
Transsexualism
Transsexualism is an individual's identification with a gender inconsistent or not culturally associated with their biological sex. Simply put, it defines a person whose biological birth sex conflicts with their psychological gender...
person was to be determined according to biological criteria, sex reassignment surgery
Sex reassignment surgery
Sex reassignment surgery is a term for the surgical procedures by which a person's physical appearance and function of their existing sexual characteristics are altered to resemble...
did not alter a person's gender. Thus, a marriage between an individual who had undergone a female-to-male sex change operation and a woman was void, being a marriage between two persons of the same gender. The decision prompted Parliament
Parliament of Singapore
The Parliament of the Republic of Singapore and the President jointly make up the legislature of Singapore. Parliament is unicameral and is made up of Members of Parliament who are elected, as well as Non-constituency Members of Parliament and Nominated Members of Parliament who are appointed...
to amend the Women's Charter
Women's Charter (Singapore)
The Women's Charter was an Act of the Singaporean Parliament passed in 1961. The Act was designed to improve and protect the rights of females in Singapore and to guarantee greater legal equality for women in legally sanctioned relationships...
in 1996 to permit transsexual people to marry in the capacity of their new gender.
Rajah retired as a judge in 1995 and joined Harry Elias & Partners (now Harry Elias Partnership LLP) as a consultant. He also became the first President of the Tribunal for the Maintenance of Parents in 1996. The following year, he was appointed Senior Counsel in the first group of lawyers to be conferred this status. A member of the Singapore Mediation Centre and the Singapore International Arbitration Centre, he was active as a mediator and arbitrator. A frequent contributor to the Malayan Law Journal and the Singapore Law Gazette, particularly on criminal law
Criminal law of Singapore
Although the legal system of Singapore is a common law system, the criminal law of Singapore is largely statutory in nature. The general principles of criminal law, as well as the elements and penalties of common criminal offences such as homicide, theft and cheating, are set out in the Penal Code...
and constitutional
Constitution of Singapore
The Constitution of Singapore is the supreme law of Singapore and it is a codified constitution.The constitution cannot be amended without the support of more than two-thirds of the members of parliament on the second and third readings . The president may seek opinion on constitutional issues...
matters, a number of his legal articles provoked controversy.
Rajah was the Chairman of the Sri Aurobindo
Sri Aurobindo
Sri Aurobindo , born Aurobindo Ghosh or Ghose , was an Indian nationalist, freedom fighter, philosopher, yogi, guru, and poet. He joined the Indian movement for freedom from British rule and for a duration became one of its most important leaders, before developing his own vision of human progress...
Society Singapore, the Secretary and later the President of the Hindu Centre, and the Vice-President of the Singapore Anti-Narcotics Association. He also served with the Hindu Endowments Board
Hindu Endowments Board
The Hindu Endowments Board is a statutory board of the Singapore Government, under the Ministry of Community Development, Youth and Sports .-Role:...
and the Society for the Physically Disabled. He was conferred the Pingat Bakti Masyarakat
Pingat Bakti Masyarakat
The Pingat Bakti Masyarakat was instituted in 1973. The medal may be awarded to any person who has rendered commendable public service in Singapore or for his achievement in the field of arts and letters, sports, the sciences, business, the professions and the labour movement.Recipients are...
(Public Service Medal) at the National Day Awards in August 2002, and in October 2008 received the C.C. Tan Award, which recognizes lawyers who display the highest ideals of the profession, from the Law Society of Singapore
Law Society of Singapore
The Law Society of Singapore is the organisation that represents all lawyers in Singapore. It publishes the Law Gazette and operates a scheme for needy people to benefit from legal services free-of-charge. The Society also sets out rules for how lawyers should advertise. The Law Society is...
.
Early years, education and career
The eldest of 13 children of a Sri LankaSri Lanka
Sri Lanka, officially the Democratic Socialist Republic of Sri Lanka is a country off the southern coast of the Indian subcontinent. Known until 1972 as Ceylon , Sri Lanka is an island surrounded by the Indian Ocean, the Gulf of Mannar and the Palk Strait, and lies in the vicinity of India and the...
n couple, K.S. Rajah was born in Perai
Perai
Perai is a main industrial area in Penang, Malaysia. It is situated in Seberang Perai, which is on the mainland....
, Province Wellesley (now Seberang Perai
Seberang Perai
Seberang Perai / Beseran Darul Hidayah, formerly Province Wellesley, is a narrow hinterland opposite Penang island on the Malay Peninsula, which together with the island forms the Malaysian state of Penang. Its principal town is Butterworth...
), Penang
Penang
Penang is a state in Malaysia and the name of its constituent island, located on the northwest coast of Peninsular Malaysia by the Strait of Malacca. It is bordered by Kedah in the north and east, and Perak in the south. Penang is the second smallest Malaysian state in area after Perlis, and the...
, in what was then the Straits Settlements
Straits Settlements
The Straits Settlements were a group of British territories located in Southeast Asia.Originally established in 1826 as part of the territories controlled by the British East India Company, the Straits Settlements came under direct British control as a crown colony on 1 April 1867...
(now Malaysia) on 3 March 1930. His father was a clerk, and as the family was not well off he often could not afford books and had to borrow them and copy out texts by hand. He was a pupil of the Bukit Mertajam High School
Bukit Mertajam High School
Bukit Mertajam High School is a secondary school located in Bukit Mertajam, Penang, Malaysia.- Name :...
. Still a student during the Japanese Occupation
Japanese Occupation of Singapore
The Japanese occupation of Singapore in World War II occurred between about 1942 and 1945 after the fall of Singapore on 15 February 1942. Military forces of the Empire of Japan occupied Singapore after defeating the combined Australian, British, Indian and Malayan garrison in the Battle of Singapore...
, to contribute towards his family's finances he worked as a mess
Mess
A mess is the place where military personnel socialise, eat, and live. In some societies this military usage has extended to other disciplined services eateries such as civilian fire fighting and police forces. The root of mess is the Old French mes, "portion of food" A mess (also called a...
boy at a Japanese officers' mess and later as a translator for the Japanese authorities.
Rajah left school at the age of 16 years. His first job was as a wireless
Wireless
Wireless telecommunications is the transfer of information between two or more points that are not physically connected. Distances can be short, such as a few meters for television remote control, or as far as thousands or even millions of kilometers for deep-space radio communications...
operator on shore for the Penang port authority, using Morse code
Morse code
Morse code is a method of transmitting textual information as a series of on-off tones, lights, or clicks that can be directly understood by a skilled listener or observer without special equipment...
to communicate with vessels at sea. Coming to Singapore in 1950, he started working as a teacher at Sembawang
Sembawang
Sembawang is an area in the Northern-most portion of Singapore, encompassing the largest land mass within the Sembawang Group Representation Constituency. The incumbent Member of Parliament for the Sembawang Constituency is Khaw Boon Wan. The constituency jurisdiction extends into the Woodlands...
Primary School, and was sent for further training in the United Kingdom in 1953 on a scholarship from the Ministry of Education
Ministry of Education (Singapore)
The Ministry Of Education is a ministry of the Government of Singapore that directs the formulation and implementation of policies related to education in Singapore.-Statutory boards:...
. On his return, he lectured at the Teachers' Training College. He became a Singapore citizen
Singaporean nationality law
Singaporean nationality law is derived from the Constitution of Singapore and is based on jus sanguinis and a modified form of jus soli...
in 1958. In 1959 he joined the pioneer batch of law undergraduates at the University of Malaya
University of Malaya
The University of Malaya is located on a campus near the centre of Kuala Lumpur, and is the oldest university in Malaysia. It was founded in 1905 as a public-funded tertiary institution...
in Singapore
Singapore
Singapore , officially the Republic of Singapore, is a Southeast Asian city-state off the southern tip of the Malay Peninsula, north of the equator. An island country made up of 63 islands, it is separated from Malaysia by the Straits of Johor to its north and from Indonesia's Riau Islands by the...
to study law part-time; in December the same year he married his wife Gnanambigai. The university became known as the University of Singapore
National University of Singapore Faculty of Law
The National University of Singapore, Faculty of Law is the older of Singapore's two law schools. The Faculty was initially established as the Department of Law in the then University of Malaya in 1956, with the first batch of students matriculating in the following year...
in 1962, and Rajah graduated from it with a Bachelor of Laws
Bachelor of Laws
The Bachelor of Laws is an undergraduate, or bachelor, degree in law originating in England and offered in most common law countries as the primary law degree...
with honours (LL.B. (Hons.)) the following year.
Singapore Legal Service
Rajah joined the Singapore Legal ServiceSingapore Legal Service
The Singapore Legal Service is the collective body of lawyers who serve in the courts, the Attorney-General's Chambers, and the legal departments of various government ministries and statutory boards in Singapore...
in 1963, becoming a deputy public prosecutor and, later, senior state counsel with the Attorney-General's Chambers
Attorney-General of Singapore
The Attorney-General of Singapore is the legal adviser to the government of the Republic of Singapore and its public prosecutor.The office was founded in 1867 as the chief legal officer of the British crown colony of the Straits Settlements. The current requirements for appointment as...
. He was admitted to the Bar
Call to the bar
The Call to the Bar is a legal term of art in most common law jurisdictions where persons must be qualified to be allowed to argue in court on behalf of another party, and are then said to have been "called to the bar" or to have received a "call to the bar"...
on 18 May 1966. He handled a number of prominent criminal matters, including the Pulau Senang
Pulau Senang
Pulau Senang is a 81.7-hectare coral island about 13 kilometres off the southern coast of Singapore. Along with Pulau Pawai and Pulau Sudong, it is used as a military training area for live-fire exercises...
and Sunny Ang murder trials; and the Gold Bars case, in which a Hong Kong seaman was found to have tried to unlawfully import 165 gold bars and 134 gold coins worth S$
Singapore dollar
The Singapore dollar or Dollar is the official currency of Singapore. It is normally abbreviated with the dollar sign $, or alternatively S$ to distinguish it from other dollar-denominated currencies...
86,076.70 without a permit. In September 1967 he led the prosecution of 262 members of the Barisan Sosialis
Barisan Sosialis
The Barisan Sosialis is a former Singaporean left-wing political party formed in 1961, by left-wing members of the People's Action Party and led by Dr Lee Siew Choh and Lim Chin Siong.-Formation:...
political party (dissolved in 1988) for unlawful assembly
Unlawful assembly
Unlawful assembly is a legal term to describe a group of people with the mutual intent of deliberate disturbance of the peace. If the group are about to start the act of disturbance, it is termed a rout; if the disturbance is commenced, it is then termed a riot.- Section 144 :Section 144 is a...
and disturbing the peace
Disturbing the Peace
Disturbing the Peace is the second studio album by Alcatrazz, and is the only one featuring Steve Vai on guitar. One of the singles, God Blessed Video, can be found on the fictional radio station, V-Rock, on Grand Theft Auto: Vice City. Weeks on Chart: 7, Peak: #133...
, Singapore's largest criminal trial. He eventually led the Chambers' civil and criminal sections until 2 August 1972, when he was appointed to head the Official Assignee and Public Trustee's Office. He was also the longest-serving Director of the Singapore Legal Aid Bureau. In 1985, he retired from the Legal Service and went into private practice, establishing the firm of B. Rao & K.S. Rajah.
Judicial Commissioner
Between 15 May 1991 and 2 March 1995, Rajah served as a Judicial CommissionerJudicial Commissioner
A Judicial Commissioner in Singapore is appointed to the Supreme Court by the President of Singapore on the advice of the Prime Minister, and has the powers of a Judge. A person may be appointed a Judicial Commissioner if he/she has been a "qualified person" within the meaning of section 2 of the...
of the Supreme Court of Singapore. During his time on the Bench, he decided a number of significant family law
Family law of Singapore
The Family law of Singapore deals with several family legal issues in Singapore. It deals with adoptions, divorce, children's issues, division of matrimony property, personal protection orders and maintenance. The family court in Singapore oversees these legal issues.Singapore has two separate and...
cases. In Lim Ying v. Hock Kian Ming Eric, he held that the gender of a transsexual
Transsexualism
Transsexualism is an individual's identification with a gender inconsistent or not culturally associated with their biological sex. Simply put, it defines a person whose biological birth sex conflicts with their psychological gender...
person was to be determined according to biological criteria, which meant that sex reassignment surgery
Sex reassignment surgery
Sex reassignment surgery is a term for the surgical procedures by which a person's physical appearance and function of their existing sexual characteristics are altered to resemble...
did not alter a person's gender. Thus, a marriage between an individual who had undergone female-to-male sex reassignment surgery and a woman was void, being a marriage between two persons of the same gender. The decision prompted Parliament
Parliament of Singapore
The Parliament of the Republic of Singapore and the President jointly make up the legislature of Singapore. Parliament is unicameral and is made up of Members of Parliament who are elected, as well as Non-constituency Members of Parliament and Nominated Members of Parliament who are appointed...
to amend the Women's Charter
Women's Charter (Singapore)
The Women's Charter was an Act of the Singaporean Parliament passed in 1961. The Act was designed to improve and protect the rights of females in Singapore and to guarantee greater legal equality for women in legally sanctioned relationships...
to permit transsexual people to marry in the capacity of their new gender. In 1992, Rajah J.C. annulled the marriage of a 21-year-old woman whose family had forced her into an arranged marriage. This was believed to have been the first judicial decision of its kind in Singapore. Two years later, in another landmark case, he applied to a house-husband the principle that a divorced woman who has not contributed financially towards the acquisition of matrimonial assets is nonetheless entitled to a substantial share of them in view of her indirect contributions in the form of paying towards the household expenses or caring for the family.
Return to private practice
Following his retirement as a judge, Rajah joined the law firm Harry Elias & Partners (now known as Harry Elias Partnership LLP) as a consultant. He also became the first President of the Tribunal for the Maintenance of Parents, established in 1996 to entitle parents at least 60 years old and unable to maintain themselves adequately to apply for their children to be ordered to pay maintenance to them. In addition, he served as Chairman of the Law Society of SingaporeLaw Society of Singapore
The Law Society of Singapore is the organisation that represents all lawyers in Singapore. It publishes the Law Gazette and operates a scheme for needy people to benefit from legal services free-of-charge. The Society also sets out rules for how lawyers should advertise. The Law Society is...
's Committee on Guidance for the Legal Profession on Anti-Money Laundering. In 1997, Rajah was appointed Senior Counsel
Senior Counsel
The title of Senior Counsel or State Counsel is given to a senior barrister or advocate in some countries, typically equivalent to the title "Queen's Counsel" used in Commonwealth Realms...
in the first group of lawyers to be conferred this status. He was subsequently appointed a member of the Singapore Mediation Centre in 1998, and of the Singapore International Arbitration Centre in 2003. He acted as sole arbitrator and as chairman of arbitral tribunal
Arbitral tribunal
An arbitral tribunal is a panel of one or more adjudicators which is convened and sits to resolve a dispute by way of arbitration. The tribunal may consist of a sole arbitrator, or there may be two or more arbitrators, which might include either a chairman or an umpire...
s in domestic and international arbitration
International arbitration
International arbitration is a leading method for resolving disputes arising from international commercial agreements and other international relationships...
s, in particular arbitrations taking place in Bangladesh and India. He was also a referee of the Ministry of Manpower
Ministry of Manpower (Singapore)
The Ministry of Manpower is a ministry of the Government of Singapore that directs the formulation and implementation of policies related to manpower in Singapore.-Mission:...
's Industrial Arbitration Court.
Rajah was an active contributor of legal articles to the Malayan Law Journal and the Singapore Law Gazette. An article in the August 2003 issue of the Law Gazette entitled "The Unconstitutional Punishment", which argued that the mandatory
Mandatory sentencing
A mandatory sentence is a court decision setting where judicial discretion is limited by law. Typically, people convicted of certain crimes must be punished with at least a minimum number of years in prison...
death penalty in Singapore
Capital punishment in Singapore
Capital punishment is a legal form of punishment in Singapore. The city-state had the highest per-capita execution rate in the world between 1994 and 1999, estimated by the United Nations to be 1.357 executions per hundred thousand of population during that period. The next highest was Turkmenistan...
was contrary to the Constitution of Singapore
Constitution of Singapore
The Constitution of Singapore is the supreme law of Singapore and it is a codified constitution.The constitution cannot be amended without the support of more than two-thirds of the members of parliament on the second and third readings . The president may seek opinion on constitutional issues...
, was obliquely criticized by the Chief Justice
Chief Justice of Singapore
The Chief Justice of Singapore is the highest post in the judicial system of Singapore. The Chief Justice is appointed by the President, chosen from candidates recommended by the Prime Minister. The present Chief Justice is Chan Sek Keong....
Yong Pung How
Yong Pung How
Yong Pung How, DUT . He was the former Chief Justice of Singapore, serving from 1990 to 2006. Prior to his judicial career, he was a lawyer, banker and senior government official...
. Rajah, appearing before Yong C.J. in an appeal, submitted that a magistrate should have allowed his client to compound her offence
Compounding a felony
Compounding a felony was an offence under the common law of England and was classified as a misdemeanour. It consisted of a prosecutor or victim of an offence accepting anything of value under an agreement not to prosecute, or hamper the prosecution of, a felony...
of abusing her maid, arguing that "[t]he idea of composition is international". The Chief Justice said that Rajah, a person of "tremendous experience and wide learning", had stated in one of his "wonderful articles" that the death penalty was unconstitutional due to international law. However, he remarked: "I am not concerned with international law. I am a poor humble servant of the law in Singapore. Little island." On 22 March 2005, Rajah delivered a speech on the subject of his article at a LAWASIA conference in the Gold Coast, Queensland
Gold Coast, Queensland
Gold Coast is a coastal city of Australia located in South East Queensland, 94km south of the state capital Brisbane. With a population approximately 540,000 in 2010, it is the second most populous city in the state, the sixth most populous city in the country, and also the most populous...
, Australia. Another Law Gazette article published in January 2006 which argued that the Court of Appeal's conviction of two men accused of murder who had been acquitted
Acquittal
In the common law tradition, an acquittal formally certifies the accused is free from the charge of an offense, as far as the criminal law is concerned. This is so even where the prosecution is abandoned nolle prosequi...
by the High Court violated the constitutional protection against double jeopardy
Double jeopardy
Double jeopardy is a procedural defense that forbids a defendant from being tried again on the same, or similar charges following a legitimate acquittal or conviction...
was said by the Ministry of Law
Ministry of Law (Singapore)
The Ministry of Law is a ministry of the Government of Singapore responsible for ensuring that Singapore's legal infrastructure is clear, efficacious and transparent...
to be "legally flawed".
In his last case in 2008, he represented certain minority owners of flats in the Horizon Towers condominium before the High Court
High Court of Singapore
The High Court of the Republic of Singapore is the lower division of the Supreme Court of Singapore, the upper being the Court of Appeal. It consists of the Chief Justice of Singapore and the Judges of the High Court. Judicial Commissioners are often appointed to assist with the Court's caseload...
in their bid to block the collective sale of the housing development supported by a majority of flat owners. He argued, among other things, that the right to acquire, hold and dispose of property was enshrined in the Constitution, but failed to convince the judge. Although the minority owners were unsuccessful at trial, the judgment was later reversed by the Court of Appeal
Court of Appeal of Singapore
The Court of Appeal of the Republic of Singapore is the nation's highest court and its court of final appeal. It is the upper division of the Supreme Court of Singapore, the lower being the High Court. The Court of Appeal consists of the Chief Justice of Singapore, who is the President of the...
.
Active in volunteer work, Rajah was the Chairman of the Sri Aurobindo
Sri Aurobindo
Sri Aurobindo , born Aurobindo Ghosh or Ghose , was an Indian nationalist, freedom fighter, philosopher, yogi, guru, and poet. He joined the Indian movement for freedom from British rule and for a duration became one of its most important leaders, before developing his own vision of human progress...
Society Singapore the Secretary and later the President of the Hindu Centre, and the Vice-President of the Singapore Anti-Narcotics Association. He also served with the Hindu Endowments Board
Hindu Endowments Board
The Hindu Endowments Board is a statutory board of the Singapore Government, under the Ministry of Community Development, Youth and Sports .-Role:...
, Kong Meng San Phor Kark See Temple
Kong Meng San Phor Kark See Temple
The Kong Meng San Phor Kark See Monastery , is located at 88 Bright Hill Road at Bishan. It is the largest Buddhist temple in Singapore.-History:...
, Mount Alvernia Hospital and Medical Centre
Mount Alvernia Hospital and Medical Centre
Mount Alvernia Hospital was the first private hospital in Singapore. It is located in Thomson Road, Singapore.-History:Mount Alvernia Hospital was founded in 1961, by a group of Roman Catholic Sisters from the Franciscan Missionaries of the Divine Motherhood.In 1949, a small group of Franciscan...
and the Society for the Physically Disabled.
Later years
Rajah died in hospital on 17 June 2010 at the age of 80 years, having suffered from angiosarcomaAngiosarcoma
Angiosarcoma is a malignant neoplasm of endothelial-type cells that line vessel walls. This may be in reference to blood or lymphatic vessels ....
, a rare cancer of the lining of the blood vessels, of the scalp for a year. He was survived by his wife Gnanambigai Rajah; his sons Surenthiraraj (known as Suressh; as of June 2010 he was Head of Aviation and Shipping and a civil and commercial litigation partner at Harry Elias Partnership) and Yogenthiran, and daughters Jothie and Vaani; seven grandchildren; and 11 of his siblings.
Awards and honours
Rajah was conferred the Pingat Bakti MasyarakatPingat Bakti Masyarakat
The Pingat Bakti Masyarakat was instituted in 1973. The medal may be awarded to any person who has rendered commendable public service in Singapore or for his achievement in the field of arts and letters, sports, the sciences, business, the professions and the labour movement.Recipients are...
(Public Service Medal) at the National Day Awards in August 2002. In October 2008 he received the C.C. Tan Award, which recognizes lawyers who display the highest ideals of the profession, from the Law Society for "his personal integrity, honesty and outstanding contributions to the legal profession".