KS Rajah: Champion of Legal Excellence and Equality

KS Rajah: The Defender of Rights and Rule of Law

Kasinather Saunthararajah PBM SC (3 March 1930 – 17 June 2010), known professionally as KS Rajah, was a distinguished Senior Counsel and Judicial Commissioner of the Supreme Court of Singapore. His remarkable journey from humble beginnings to a towering figure in Singapore’s legal and social landscape is a testament to perseverance, intellect, and an unwavering commitment to justice.

Early Years and Education of KS Rajah

Born in Perai, Penang, in the Straits Settlements (now Malaysia), Rajah was the eldest of 13 children. His early life was marked by financial struggles, often forcing him to borrow books and copy texts by hand. Despite these hardships, his thirst for knowledge and dedication to learning never wavered.

During the Japanese Occupation, he worked as a mess boy at a Japanese officers’ mess and later as a translator, contributing to his family’s finances. At just 16, he took on a job as a wireless operator for the Penang Port Authority. His aspirations, however, lay beyond these early roles.

In 1950, he moved to Singapore and began working as a teacher at Sembawang Primary School. His academic excellence earned him a government scholarship to train in the United Kingdom in 1953. Upon returning, he lectured at the Teachers’ Training College. His journey into law began in 1959 when he joined the pioneer batch of part-time law undergraduates at the University of Malaya in Singapore. He graduated in 1963 with a Bachelor of Laws with honours (LL.B. (Hons.)), marking the beginning of an illustrious legal career.

A Trailblazer in the Legal Service

Rajah’s legal career commenced in the Singapore Legal Service, where he quickly rose through the ranks. His tenure as a deputy public prosecutor and senior state counsel at the Attorney-General’s Chambers saw him handling several high-profile criminal cases, including the Pulau Senang prison riot trial and the Gold Bar murder case.

In 1967, KS Rajah led the prosecution of 262 members of the Barisan Sosialis political party for unlawful assembly in Singapore’s largest criminal trial. His legal acumen and dedication to justice earned him a reputation as a formidable advocate. Over time, he headed both the civil and criminal sections of the Attorney-General’s Chambers and served as the longest-serving Director of the Singapore Legal Aid Bureau. In 1985, after 22 years in public service, he transitioned into private practice and co-founded B. Rao & K. S. Rajah.

Judicial Commissioner and Landmark Rulings

In 1991, KS Rajah was appointed as a Judicial Commissioner of the Supreme Court of Singapore. His tenure on the Bench was marked by groundbreaking rulings, particularly in family law.

One of his most significant decisions came in the case of Lim Ying v. Hock Kian Ming Eric, where he ruled that the gender of a transsexual person should be determined based on biological criteria, making a female-to-male transsexual’s marriage void. This decision influenced legislative change, prompting Parliament to amend the Women’s Charter in 1996 to allow transsexual people to marry in their reassigned gender.

KS Rajah also presided over the landmark case of a 21-year-old woman whose arranged marriage was annulled due to coercion, setting a precedent for the recognition of forced marriages in Singapore. His progressive approach extended to matrimonial property rights, ensuring fair division of assets for house-husbands.

A Legal Luminary and Mentor

After retiring from the Bench in 1995, KS Rajah joined Harry Elias & Partners as a consultant. His expertise was sought after in mediation and arbitration, leading him to prominent roles at the Singapore Mediation Centre and the Singapore International Arbitration Centre.

In 1997, KS Rajah was appointed Senior Counsel in the first-ever group to receive this prestigious title. His contributions to legal scholarship were extensive, with thought-provoking articles on criminal and constitutional law that often sparked national debate. His 2003 article, “The Unconstitutional Punishment,” challenged the constitutionality of the mandatory death penalty in Singapore, drawing criticism but also stimulating critical discourse on the subject.

Champion of Justice and Public Service

Beyond the legal profession, KS Rajah was an ardent advocate for social justice. He served as the first President of the Tribunal for the Maintenance of Parents, ensuring elderly parents received financial support from their children. His leadership extended to the Singapore Anti-Narcotics Association, the Society for the Physically Disabled, and the Hindu Endowments Board.

He was also deeply involved in the Sri Aurobindo Society and the Hindu Centre, reflecting his dedication to community service. In recognition of his contributions, he was awarded the Pingat Bakti Masyarakat (Public Service Medal) in 2002 and the prestigious C.C. Tan Award in 2008 for upholding the highest ideals of the legal profession.

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