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National Constitution Society – Agenda

November 9, 2018 | Jai Brunner

Agenda for the National Constitution Society Convention 2018. The National Constitution Society is a network of Constitution societies in colleges/universities across India, initiated by the Centre for Law and Policy Research.

Call for Applications: The CLPR Equality Fellowship

November 2, 2018 | Saumya Dadoo

We invite applications for The CLPR Equality Fellowship. The CLPR Equality Fellowship is a paid, two-year opportunity which will be awarded to 6 young lawyers keen to pursue the practice of public interest law on a full-time basis. Last Date to Apply: November 30, 2018

Caste Discrimination in India: A study of NCRB data (Part IV)

November 2, 2018 | Deekshitha Ganesan

The recent gruesome report of the beheading of a minor SC girl in Tamil Nadu for rejecting the advances of an upper caste male once again throws the issue of caste discrimination into sharp focus. Women from Scheduled Castes and Scheduled Tribes are particularly vulnerable to discrimination and violence due to the intersection caste and gender. Despite this, we note that crimes against SC and ST women are viewed as either caste based crimes or sex based crimes. Further, while data on caste based crimes is readily available in the NCRB reports, which we have analysed in our previous posts I, II and III, disaggregated data on crimes against women is not presented.

The Constitutional and Civic Citizenship Project

October 4, 2018 | Vineeth Krishna

CADIndia website: a digital archive and database of Indian constitutional history with human-tagged original documents that explains and illuminates the contemporary relevance of this history to our contemporary lives [cadindia.clpr.org.in]. Supreme Court Observer website: a living archive of the Supreme Court of India that compiles original materials and daily reports of selected ongoing cases to make apparent the Court’s role as the final interpreter of the Constitution to resolve contemporary problems [scobserver.clpr.org.in].

National Constitution Society 2018

October 4, 2018 | Vineeth Krishna

The Convention will be an opportunity to critically engage with the Indian constitution and develop a plan to preserve, protect and promote constitutional values in the 21st century. The Convention will facilitate collaboration and engagement between student members of the NCS along with eminent lawyers, civil society leaders and retired Judges who will be patrons and will be the first step towards the establishing the NCS as an independent Society.

Orientation program at St. Joseph’s College of Law

July 28, 2018 | Vineeth Krishna

CLPR conducted a day-long orientation program at St. Joseph’s College of Law on 25th July 2018 for the newly admitted first-year students. The program consisting of four sessions aimed to introduce students to the origins and implementation of India’s constitutional values and how the law could be used as a tool for social transformation.

Movie Review: “Njan Marykutty”

July 13, 2018 | J. Mandakini

The media rarely portrays a transgender woman accurately. In fact, they are consistently shown in a negative light. However, “Njan Marykutty” released in June 2018 is a Malayalam movie which delivered a pleasant surprise during Pride month.

Caste Discrimination in South India: A study of NCRB data (Part II)

July 10, 2018 | Deekshitha Ganesan

Having noted that the number of reported crimes against SCs and STs is high, the next stage of the criminal justice process that demands study is the response of the investigating agencies. While a few independent reports have surveyed the response of the police to crimes against SCs and STs, NCRB reports remain the only comprehensive source of such data at the national and state level.

Caste Discrimination in South India: A study of NCRB data

June 14, 2018 | Deekshitha Ganesan

On 21 May 2018, The Wire reported the death of a Dalit man in Gujarat who was allegedly beaten to death when he protested the fact that his wife was asked to clean filth, free of charge. This reporting comes only two months after the decision of Subhash Kashinath Mahajan, where the Supreme Court diluted some of the protections under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (‘Act’). The incident is a striking example of the pervasiveness of caste bias and the prevalence of atrocities in India.

Pakistan’s Historic Transgender Rights Act: A step towards Trans Equality

June 8, 2018 | Disha Chaudhry

The Parliament of Pakistan passed The Transgender Persons (Protection of Rights) Act on May 8th 2018 marking a historic victory for the trans community in Pakistan. The Act, which protects the rights of gender non-conforming persons and outlaws discrimination both by the State as well as private entities and persons, grants an individual the right to self identity their gender.

Forthcoming empirical study on Reducing Under Trial Detention in India

May 30, 2018

The ballooning under-trial population in India is widely acknowledged to be a serious challenge to the effectiveness and legitimacy of India’s criminal justice system. So far academic, policy and civil society work on this problem has focused on analysing the under-trial prison population after they are detained. In this study we engage with the problem at an earlier stage in the criminal justice process, i.e., the bail decision in the law courts.

Last week at CLPR – 30th April to 5th May 2018

May 9, 2018 | Kruthika R

In association with Alternative Law Forum, Amnesty India, CIEDS Collective, Enfold India, Hidden Pockets, PUCL, Prochild Coalition, Campaign Against Death Penalty for Child Rape and SICHREM, CLPR organised a town hall meeting on 5th May 2018 at the Jain University Auditorium to discuss the Criminal Law (Amendment) Ordinance 2018.

Will death penalty stop child sexual abuse?

May 8, 2018 | Kruthika R

A town hall meeting was organized by CLPR, Alternative Law Forum, Amnesty India, CIEDS Collective, Enfold India, Hidden Pockets, PUCL, Prochild Coalition, Campaign Against Death Penalty for Child Rape and SICHREM on 5.5.2018 at the Jain University Auditorium.

Last week at CLPR – 22nd to 23rd April 2018

May 2, 2018 | Kruthika R

CLPR participates in the Strategic Multi-Actor Round Table 2018 in Chennai On 23rd April 2018 to discuss issues related to strengthening the implementation of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (“Act”) and Rules in Tamil Nadu.

CLPR participates in the Strategic Multi-Actor Round Table 2018 in Chennai

April 28, 2018 | Deekshitha Ganesan

On 23rd April 2018, the Human Rights Advocacy and Research Foundation (“HRF”) held a Strategic Multi-Actor Round Table (SMART) 2018 to discuss issues related to strengthening the implementation of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (“Act”) and Rules in Tamil Nadu and release of the Status Report on the implementation of the Act in Tamil Nadu, in 2015 and 2016.

Transform

April 15, 2018 | Kruthika R

Expanding on TransForm 2016, we hosted TransForm 2018 on 14th and 15th of April 2018, at the Indian Institute for Human Settlements, Bangalore. It marked the fourth anniversary of the National Legal Services Authority v Union of India judgment, as well as the 127th birth anniversary of Dr. B.R. Ambedkar. At a time when transgender rights had been gaining attention globally, this conference involved international speakers such as Prof. Stephen Whittle (United Kingdom), Prof. Carlos Zelada (Peru), Busisiwe Deyi (South Africa), and Audrey Mbugua (Kenya). Together, they broadened our understanding on the trans-law movements in other parts of the world.

Announcement: Selected Student Journalists for Transform– 2nd International Conference on Transgender Rights and the Law

April 9, 2018 | Kruthika R

On 14th and 15th April 2018, Centre for Law and Policy Research (CLPR) is organizing Transform – 2nd International Conference on Transgender Rights and the Law. On 4th April 2018, CLPR had called for Student Journalists for the Conference.
In a short span of 2 days the CLPR team received over 30 applications from students across the nation. We carefully assessed the applications and are happy to announce the following students who we have selected to as Student Journalists for the upcoming Conference.

A Wrong Turn in the Road to Equality

April 6, 2018 | Jayna Kothari

Ironically, on the 91st anniversary of the revolutionary Mahad Satyagraha, (a Dalit march led by Dr. B.R. Ambedkar to access water in a tank), on 20th March 2018, in Dr. Subhash Kashinath Mahajan vs. The State of Maharashtra and Anr., the Supreme Court opined that the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Act) was being misused and laid down guidelines, substantially diluting the provisions of the Act.

Strategies CSOs Use To Advance Sexual and Reproductive Rights (SRR): An Introduction

April 2, 2018

Today, what is particularly pertinent is the growing judicialization of Sexual Reproductive Rights (SRR) around the world. At the domestic and international level, courts have emerged as central arenas in these political-moral battles; and not only to further rights but also to limit them. In this context, Centre on Law and Social Transformation in partnership with the Centre for Law and Policy Research will engage in a project that examines various strategies civil society organisations (CSOs) use to advance SRR. The aim of the project is to understand the nature, causes and, particularly, the consequences of such diverse and intentional strategies adopted by civil society actors that seek to engage legal institutions in order to further or halt policy reform and social change.

The role of the Supreme Court in protecting and sustaining secularism

March 16, 2018

Ashwini and Satya posited that the decision in the Abhiram Singh v Commachen case, in which Hindutva was declared a “way of life”, emboldened this type of action. The view of the RSS seems to have been that action rooted in the Hindu faith, which was a “way of life”, did not violate secularism (Section 123). This gave rise to the question – is the Supreme Court responsible for ensuring that the verdicts it delivers are not misinterpreted by the government?

Last Week at CLPR: 4th – 10th March 2018

March 12, 2018

Assembly Member of the Week: Prof. K. T. Shah was a prominent economist, advocate, and socialist. He passed away 55 years ago, in March, 1953. He was an active member of the Assembly and made several interventions on key issues. Shah argued for “secular, federal and socialist” to be inserted in Article 1 of the Constitution.

Release of Policy Brief: ‘Ending Impunity for Child Marriage in India’

February 13, 2018

On 10th February 2018, Centre for Law and Policy Research, Bangalore and Center for Reproductive Rights released the Policy Brief “Ending Impunity for Child Marriage in India: A Review of Normative and Implementation Gaps” at the Karnataka Judicial Academy. The Brief was released by Justice Ashok B. Hinchigeri (retd.) of Karnataka High Court, in the presence of District Judges, Magistrates and judicial officers, lawyers, representatives of Child Welfare Committees, and civil society groups. Nina Nayak, the former Chairperson of the Karnataka State Commission for Protection of Child Rights and a Child rights activist, and officials of the Department of Women and Child Development, Karnataka were also present.

Celebrating Republic Day with Mallya Aditi International School

January 26, 2018 | Kruthika R

The CLPR team celebrated Republic Day on 26th January 2018 with the students and staff of Mallya Aditi International School, Bengaluru. We created an immersive experience for students from the 1st to the 12th grade, educating them on the Indian Constitutition and the significance of Republic Day through quizzes, debates and puzzles.

Last Week at CLPR – 14th Jan – 20th Jan 2018

January 22, 2018

Last week at CLPR, we published in the Deccan Herald, Sudhir Krishnaswamy, Champaka Rajagopalan and Matthew Idiculla wrote about the RMP-2031 and the propagation of development that would result in urban sprawl. In the 2nd article on the subject they wrote in The Hindu about the gap between strategy and implementation and the disconnect between the BDA and the local communities.

Last Week at CLPR: 7th Jan – 13th Jan 2018

January 16, 2018

Last Week at CLPR (7th-13th Jan 2018), Sudhir Krishnaswamy, Champaka and Matthew Idiculla wrote in the Deccan Herald about the impact of the draft Revised Master Plan (RMP) 2013 published by the Bangalore Development Authority (BDA). This plan contains regulations and zoning rules that will manage and shape growth of the 1,219 sqkm area under the BDA jurisdiction for the next 15 years and accommodates a projected population 24.7 million.

Last Fortnight at CLPR: 17th Dec – 30th Dec

January 2, 2018

In the last fortnight of 2017 at CLPR we published an article on Subba Rao, a freedom fighter from the Rayalseema region and Constituent Assembly member from the Madras province, received formal education only till the 10th standard but went on to teach himself English, Kannada, Sanskrit, and Telugu.

Last Week at CLPR: 10th Dec – 16th Dec

December 18, 2017

Last week CLPR continued its efforts to create awareness of the Constitution – by introducing summaries that trace the evolution of the Articles in the Indian Constitution. Efforts to track the present-day interpretation of the Constitution continued with the publishing of the hearings in the Aadhar Act and Parsi Woman Excommunication [Parsi Identity] cases, heard by the Supreme Court in the last week of the 2017 Winter Session.

Last Week at CLPR: 3rd Dec – 9th Dec

December 11, 2017

Last Week at CLPR we continued with our daily reporting on the constitutionally relevant cases being heard by the Supreme Court (SCObserver). We also highlighted the relevance of a Constituent Assembly Debate that took place in the 1st week of December, and the far-reaching influence of a Constituent Assembly Member who participated in that debate (CADIndia).

Last Week at CLPR: 26th Nov – 02nd Dec 2017

December 4, 2017

In the last week at CLPR the CADIndia team, who curate and maintain the Constituent Assembly Debates website (http://cadindia.clpr.org.in) focused on Nov 26th: India’s National Law Day/Constitution Day.

Last Week at CLPR: 12th November– 18th November, 2017

November 20, 2017

Weekly roundup of the last week at CLPR. The Supreme Court verdict in the Child Marriage and Marital Rape case, Karnataka State Policy for Transgender Persons, Children’s Day and hearings in the Special Status for Delhi case were discussed this past week.

CLPR’s 4-part PODCAST series on the Uniform Civil Code in India

November 15, 2017 | Disha Chaudhry

The first part of the 4-part podcast series examines the constitutional history of the UCC drawing from the Constituent Assembly Debates, which have been curated and annotated in CLPR’s CADindia website. The second part traces the judicial trajectory of the UCC by analyzing multiple landmark verdicts from the Supreme Court. The third part outlines the 3 phases when the political debates on this topic were at their most intense.

Public Hearing on 26th Oct on Aadhaar related denial of Social Security

October 30, 2017

In 2013, the Supreme Court passed an order categorically stating that no person should suffer for not getting the Aadhaar card and warned that only persons entitled to the card under the law should have it. In 2015, the Supreme Court passed a judgment which, among other things, directed the government to ‘give wide publicity in electronic and print media that it is not mandatory for a citizen to obtain an Aadhaar card.’ Despite these orders, Aadhaar has been linked to every aspect of people’s lives. While there has been much opposition to the invasion of privacy by the Aadhaar scheme, the systemic denial of basic entitlements to the most vulnerable citizens has not been highlighted with the same vigour.

Panel on “UCC in India: An Endeavor towards seeking Gender Justice” at IFIM Law College

October 30, 2017 | Satya Prasoon

IFIM Law College hosted panel discussions on Uniform Civil Code in India. Satya Prasoon, an associate at CLPR was a panelist at the IFIM law school where he presented a paper titled ‘Of Constitutional Mythos and Nervous Nationalism: The Pathologies of UCC.’ The discussion was spilt into two panels, the first discussing the topic: “Constitutional Perspectives of the Uniform Civil Code” and the second, “The conflict of the UCC and personal laws in India”.

Reading the Constitution – Workshop at Mallya Aditi International School

October 25, 2017

A pre-requisite for citizens to critically engage with contemporary political, legal and social issues is an understanding and appreciation of India’s rich constitutional tradition. In this regard, civic education in India at various levels has failed. The Centre for Law and Policy Research (CLPR) bridges this gap through carefully conceptualized workshops that communicate India’s rich constitutional tradition to different audiences: schools, colleges, professionals and the general public.

Last Week at Centre for Law and Policy Research: 8th-14th Oct 2017

October 16, 2017

The Centre for Law and Policy Research encourages and facilitates civic engagement with India’s Constitution through the CADIndia project and Supreme Court Observer. CADIndia promotes an understanding of the Indian Constitution by enabling easy and intelligent access to the Constituent Assembly Debates and the Indian Constitution at the centre of discussions on contemporary political and economic issues. The SCObserver website endeavors to make the workings of the Supreme Court accessible and understandable to the citizenry by translating the hearings and judgments of a few constitutionally relevant cases into everyday language.

Supreme Court Holds Marital Exception Will Not Apply where Wife Below 18

October 11, 2017 | Disha Chaudhry

In 2013, Independent Thought, a voluntary organisation involved with the issue of child rights approached the Supreme Court seeking a declaration that Exception 2 to Section 375 of the Indian Penal Code violates Articles 14, 15 and 21 of the Constitution to the extent that fixes a lower age of consent and permits forced sexual intercourse by the husband with a girl who is between the ages of 15 to 18. Consequently, on 28.08.2017, an application for Intervention was filed on behalf of the Child Rights Trust, a non-governmental organisation working to secure Every Right for Every Child. Advocate Jayna Kothari, Executive Director of the Centre for Law & Policy Research appeared and argued on behalf of the Child Rights Trust.

Rohingyas Deportation Issue: UNHCR reaction and Supreme Court history on refugee crises

September 12, 2017 | Satya Prasoon

Back in 1996 in the Chakma Refugee matter the Indian Supreme Court, despite the government’s anti-immigrant stand, stood up for the rights of Chamka Refugees and ordered against their forcible eviction in the case of Arunachal Pradesh v NHRC.

The apex court in a matter decided by Chief Justice, A.M. Ahmadi and Justice S.C. Sen had held that immigrants, even those termed illegal, were entitled to equal protection of the law and various rights that flow from Article 21. The judgment stressed that the State could not permit any groups or anybody to threaten Chakmas and force them to leave the State.

Podcast on Whatsapp – Privacy Case (Karmanya Singh Sareen v. UOI)

September 7, 2017

The Petitioners, Karmanya Singh and Shreya Sethi, two Whatsapp Users, claim that the new policy seeks to collect all information relating to every WhatsApp account, such as phone numbers, names, messages, device information, as well as third party information, which would be used to support operations, analyse user profiles and actions, and market their services. The new Privacy Policy claims worldwide Intellectual Property Rights to user generated data including uploads, messages etc. which are sent, stored or received through WhatsApp.

Podcast – Cow Vigilantism Case (Tehseen Poonawalla v UOI)

September 6, 2017 | Satya Prasoon

Today, Indira Jaising, representing Tushar Gandhi, one of the petitioners brought to the notice of the Court that despite the court asking all States to file Compliance Report only 5 States have done so. With only 5 States, submitting Compliance Report, The Chief Justice asked all States to file their compliance report before 13th October.

NALSA Judgement Orientation by Swatantra and CLPR on 1st Aug 2017

August 16, 2017

hile the NALSA judgment recognises the ancillary rights to vote, marriage, adoption, hold property etc., transphobia and the limited perceptions of society prevents equal access to education and employment. Prejudiced societal norms that manifest in biased behaviours have forced the transgender community to take up begging and enter the sex trade to make a livelihood. While the judgment is progressive and promising, there is much work pending at the ground level.

PIL- creating wider access to courts or creating “ad-hoc-ism”? Summary of the panel discussion hosted at BIC.

August 8, 2017

Ms.Kothari posited that the expansion of locus standi gave marginalised groups wider access to courts. She agreed with Mr. Bhuwania that with the enlargement of the role of amicus curiae, the procedural norms of fair hearing were put at risk. Thus the expanded powers of the Supreme Court were a product of “ad-hoc-ism” under Articles 32 and 226. While acknowledging the informal nature of the PIL process Ms. Kothari was positive that the courts could play a role in social transformation through Social Action Litigation (SAL). Mr.Bhuwania in response declared that the citizenry had a “schizophrenic view” of the judiciary, wherein the Supreme Court and High Courts in India were viewed as the ultimate solvers of issues while the lower courts were only expected to solve petty issues. He stressed the fact that the blurred division between representative standing and citizen standing led to PILs being filed on inconsequential grounds.

The Transgender Welfare Development Board, West Bengal – A Wasted Potential

April 13, 2017

Three years down the line however, the Board seems to be languishing in bureaucratic lethargy. This is not because of the lack of initiative on the part of its members. The Board comprises of well-known and respected members of the trans community. Rather, the disenchantment with the Board stems from the lack of transparency in its creation, non-inclusiveness, internal divisions within the community and lack of a steady funding supply

Day 12: Arguments before the Karnataka HC on validity of Health Warnings for Tobacco Product Packaging

November 30, 2016

The Counsel began by explaining that, as on 28th September 2015, the Ministry of Health and Family Welfare (MHFW) had stated that the impugned 2014 Amendment Rules would come into force on the 1st of April 2016. After the Parliamentary Committee on Subordinate Legislation (PCSL) gave its Final Report against the implementation of the impugned 85% health warnings, the Counsel submitted that the MHFW should have rescinded its notification.

Violence that is Not Gender Neutral

November 18, 2016

With utmost respect to the Supreme Court, it is absolutely incorrect to state that domestic violence is gender-neutral. It is not. The world over, a vast majority of domestic violence is experienced by women at the hands of men. It is not a random event of violence but is a consequence and a cause of women’s inequality and is linked to the discrimination and devaluing of women. As per the National Crime Records Bureau, reported cases of domestic violence in India went up from 50,703 in 2003 to 1,18,866 in 2013. These are all cases of domestic violence against men. The U.K. Violent Crime and Sexual Offences study of 2011-2012 reported that 80 per cent of offenders in domestic or sexual violence were male.

Constituent Assembly Debates Website (CADIndia)

November 15, 2016 | Vineeth Krishna

The Constituent Assembly Debates (CADs) are a record of the debates and proceedings in the Constituent Assembly of India which sat for 165 days from December 9, 1946 to January 24, 1950. These debates which are organised in 12 volumes are an essential guide to the process of drafting and creating the Constitution of India, 1950. CADINDIA.CLPR.ORG.IN is a website designed to make these debates instantly accessible in a user-friendly manner in three ways:

Supreme Court Website

November 14, 2016

In 2016, CLPR is setting up a website to track the working of the Supreme Court of India. This website will be a non-partisan journalistic effort to make the work of the Court intelligible to any person interested in Indian public affairs.

ConQuest Quiz

November 14, 2016 | Vineeth Krishna

One of the objectives of the Constitutional and Civic Citizenship Project has been to create a robust civic citizenship. In furtherance to this aim, we will organise an annual Quiz on the Indian constitution and its history aimed at university students to engage with the Constitution in an interactive way.

CLPR’s Monthly Talk: Professor Adam Feibelman

November 10, 2016

As part of its Monthly Talk Series, CLPR hosted Professor Adam Feibelman where he spoke about ‘The Promises And Perils Of India’s New Personal Insolvency And Bankruptcy Law’ where he discussed India’s new insolvency and bankruptcy regime.

Day 6: Arguments before the Karnataka HC on validity of Health Warnings for Tobacco Product Packaging

September 1, 2016

The Counsel for the Tobacco Institute of India continued with his arguments on Day 6 of the hearing before the Karnataka High Court. The Counsel began by referring to a constitutional challenge to pictorial health warnings that were imposed on tobacco products, in the United States in the case of R.J. Reynolds v. FDA. The petitioners, in this case before the Trial Court (No. 11–1482, 2012 WL 653828) and consequently, the Court of Appeal [No. 11-5332 (D.C. Cir. Aug. 24, 2012)], sought to have this mandatory imposition declared as constituting “compelled speech”.

Day 5: Arguments before the Karnataka HC on validity of Health Warnings for Tobacco Product Packaging

August 31, 2016

The hearing before the Hon’ble Karnataka High Court continued on Day 5 as the counsel for the Tobacco Institute of India cited decisions of the Indian and the US Supreme Courts, in support of the existence of a right to commercial speech within the ambit of Article 19(1)(a). The arguments on this day, focused mainly on proving that the petitioner’s right to commercial speech is being curtailed by the impugned rules notified by the Government which excessively restrict the ability to advertise on the packaging of tobacco products.

Day 3: Arguments Before the Karnataka High Court on Validity of Health Warnings for Tobacco Product Packaging

August 29, 2016

One of the other arguments made today by the Petitioners was alleging lack of legislative competence of the Central Government to enact the COTPA and promote it as a public health measure since the same is a state subject. It also argued that the Supreme Court held in Ghodavat Pan Masala case that COTPA is not a legislation for the furtherance of public health. This argument will be explored in subsequent proceedings before the High Court.

Day 1- Arguments Before the Karnataka High Court on Validity of Health Warnings for Tobacco Product Packaging

August 26, 2016

CLPR is representing the Consortium for Tobacco Free Karnataka as an Intervenor on the grounds of public health. Starting today, we are reporting the summary of arguments taking place every day in court in these matters. A report of the court proceedings would not only serve as information for the public health community in the country to be aware and upto date with these proceedings, but also to document the arguments made in these petitions as these proceedings are one of the most important ones in the field of tobacco and public health in the country today.

Day 2: Arguments before the Karnataka HC on validity of Health Warnings for Tobacco Product Packaging

August 26, 2016

The thrust of Day 2’s arguments by the Petitioners was on highlighting how the 2014 amendment to the 2008 Packaging and Labelling rules was an act of excessive delegated legislation. He referred to Tobacco Board Act, 1975 and, the now repealed Cigarettes (Regulation of Production, Supply, and Distribution) Act, 1975. The counsel made a submission that they were mainly aggrieved by the rules and therefore, they would focus mostly on pointing out the lack of constitutionality of the rules and the fact that it was an act of delegated legislation rather than focusing on the constitutionality of the act per se.’

ConQuest 2016: National Finals

August 23, 2016

Participants of the National Finals included the winners and runners-up of the four Regional Rounds that were held across the country. Over 200 hundred teams, from varied disciplines – political science, history, engineering, law, Buddhist studies etc. – participated in the Regional Rounds.

ConQuest Quiz 2016: North Regional Round

August 22, 2016

Around 45 student teams participated in the Preliminary Rounds from colleges Delhi, Punjab, Haryana and Uttar Pradesh in teams from leading law schools including NLU Delhi, Symbiosis Law School, NOIDA, Campus Law Centre, Army Law Institute Mohali, RGNUL, Patiala; and teams from other prominent institutes like St Stephen’s College, JNU, Department of Buddhist Studies, Hindu College.

CLPR Comments on the Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill, 2016

August 20, 2016

hile endorsing these criticisms of the draft bill, CLPR has in its comments to the Ministry, highlighted some additional points of concern and has suggested measures which could possibly strengthen the law. For instance, with regard to the enforcement mechanism, CLPR has suggested that it is imperative that there be an identification of nodal authorities such as the National Commission for Women, the Juvenile justice authorities as well as the Labour Department, which are crucial to the smooth and coordinated enforcement of the provisions of the bill. These nodal authorities can receive complaints and take the assistance of support services provided by stakeholders and non-governmental organizations, such as Childline.

ConQuest Quiz 2016: East Regional Round

August 6, 2016 | Vineeth Krishna

Around 50 student teams participated in the Preliminary Rounds from colleges in Orissa, Kolkata, Assam, and other states. Teams from leading law schools NUJS, KIIT Law School, and NLU, Odisha competed with teams from other prominent non-law Universities like College of Engineering and Technology, Bhubaneshwar.

ConQuest Quiz 2016 West Round

August 6, 2016

The Preliminary Round saw intense competition. The Preliminary Round needed a sudden death elimination to decide the 6 teams which would qualify to the Final Round. In the end, two teams from Symbiosis Law College, and one team each from V.M. Salgaocar College of Law, SVKM Pravin Gandhi College of Law, ILS and New Law College Pune qualified for the Finals.

ConQuest Quiz 2016: South Regional Round

August 1, 2016

Over 50 student teams participated in the Preliminary Rounds from colleges in Karnataka, Tamil Nadu, Andhra Pradesh, Telangana, and Kerala. Teams from leading law schools SCLU, NLSIU, TNNLS, and NUALS competed with teams from other prominent Universities like IIT-M, St Josephs College, RVCE, APU and BITS-Hyderabad.

ConQuest 2016: India’s First Quiz on the Indian Constitution, History and Politics

June 30, 2016

The Centre for Law and Policy Research will conduct India’s First National Level Quiz on the Indian Constitution, History and Politics in 2016, called ‘ConQuest’. The quiz is open for undergraduate and postgraduate University students and will explore how contemporary political, legal and governance issues are informed by India’s constitutional history. The quiz will draw on multiple disciplines including politics, history, law and international affairs.

Debates around Surrogacy Law – CLPR Monthly Talks

June 27, 2016

As part of its Monthly Talk Series the Centre for Law and Policy Research (CLPR), Bangalore on the 24th of June, hosted Ms. Sonali Kusum, a Ph.D. scholar at National Law School of India University, Bangalore for a talk on the legal and ethical issues concerning surrogacy law in India.

Report on the 9th Annual NLSIR Symposium

June 1, 2016

The theme of the first session was ‘Constitutional Challenges and Concerns’. The speakers for this session were Mr. N. Venkataraman (Senior Advocate, Supreme Court of India), Prof. (Dr). Sudhir Krishnaswamy (Professor, Azim Premji University) and Mr. Alok Prasanna Kumar (Senior Fellow, Vidhi Centre for Legal Policy).

Special Leave Petitions and the Constituent Assembly Debates

May 9, 2016

The broad-reaching powers granted to the Supreme Court under Article136 had sparked a large amount of debate within the Constituent Assembly. It is interesting to note that Article 136 (Article 112 in the draft constitution) was always to be considered a residuary power; an option of last resort when the High Court refused to grant a certificate to appeal under Articles 132-134.

CLPR’s National Level Quiz On the Indian Constitution

May 7, 2016

The Centre for Law and Policy Research (CLPR) is excited to conduct India’s first national-level quiz on the Indian Constitution and its history. The quiz will be held in July-August 2016 for undergraduate and postgraduate students and will touch upon the most challenging political, legal and governance issues of contemporary India and how these are informed by India’s constitutional history. The quiz will also draw from multiple disciplines including politics, history, law and international affairs.

Akrama-Sakrama: Regularisation of Illegal Constructions

April 18, 2016

A rapid growth in urban populations has led to a growing and increasingly unsustainable demand for housing in cities. In several cases, governments have resorted to regularisation of illegal constructions. The Karnataka government re-introduced such a scheme by making statutory amendments in 2015 whereby owners of illegal constructions could get them regularised on payment of a fee. This scheme will have disastrous consequences for town-planning and development across the state.

Republic Day Celebration 2016: Launch of CLPR’s CADIndia website

January 31, 2016 | Vineeth Krishna

On the 26th of January 2016, the Centre for Law and Policy Research(CLPR), launched its CADIndia website and also organised a discussion around the theme – ‘Constituent Assembly Debates In Contemporary Times’ at the Karnataka Judicial Academy, Bangalore. The discussion was moderated by Prof. Arun Thiruvengadam, Azim Premji University.

The Foreign and the Indigenous in the Indian Constitution: Constitution Day talk by Arun Thiruvengadam

December 2, 2015

The Indian constitution used devices of liberal constitutional thought but rejected the liberal idea that constitutions had to perform the sole function of limiting state power. The Indian constitution had to empower the state to enter into the realm of Indian society and transform it by eradicating deeply embedded economic, political and social hierarchies. Whether the project of social transformation has succeeded or failed is another question. But the fact that the framers of the Indian Constitution attempted to use it as a means of revolutionizing Indian society – which no country at that time had done – is something to be proud of.

Defending the Right to Defend: Pressures on the Jadgalpur Legal Aid Group

October 19, 2015

On October 5, 2015, the Bastar Bar Association in its General Body Meeting passed a resolution prohibiting any lawyer who is not enrolled in the State Bar Council or enrolled in the local bar from practicing in the local Court. The Jagdalpur Legal Aid Group which was established in 2013 and has ever since been working for the cause of the Adivasis in Chhattisgarh has been greatly affected by this resolution.

Courts and Women’s Rights in India in 2015

September 9, 2015

The Supreme Court has been predominantly lauded in 2015 for its far-reaching judgment in Shreya Singhal v. Union of India that expansively interpreted the freedom of speech. But we must not forget that the Supreme Court and some of the High Courts have rendered a few prominent judgments that have upheld women’s rights significantly in 2015.

Nuclear Suppliers’ Liability and the Attempt to Dilute Section 46

February 15, 2015

On February 8, nearly two weeks after Prime Minister Modi and President Obama announced that their two countries had achieved a “breakthrough” in their partnership on civil nuclear energy cooperation, the Ministry of External Affairs (“MEA”) finally broke its silence on the details of the deal reached by issuing responses to a list of Frequently Asked Questions. The MEA’s answer to one group of questions is particularly disturbing: that Section 46 of the Civil Liability for Nuclear Damage Act (the “CLND Act”) does not permit victims of a nuclear accident to bring tort law claims against suppliers.

CLPR’s Comments to Draft National IPR Policy

February 3, 2015

In its comments to the Draft National IPR Policy prepared by the IPR Think Tank, CLPR argues that the Think Tank needs to rethink its approach of trying to formulate an omnibus IPR policy and treating stronger IPR protection as being synonymous with innovation and economic development. Instead, any IPR policy needs to find the optimal balance between IPR protection and promoting the democratic diffusion of knowledge and cultural goods, based on empirical evidence and taking into account the domestic political economy context of a country. In particular, CLPR makes three arguments:

Packing a Punch: How the Ban on Sale of Loose Cigarettes Was Shelved in a Week

December 7, 2014

Discussion and debate on regulation of tobacco sale must highlight that it is not the concern of the Government to safeguard tobacco company shares. It is, however, unquestionably the duty of the Government to ensure that every sale of cigarette is accompanied by a statutory warning and that regulations do not make it easier for children to afford and access cigarettes.

Two Finger Test in Rape Cases: Adding Insult to Injury

November 17, 2014 | Kruthika R

While conducting a study of the Fast Track Courts that have been instituted in Bangalore to try cases of rape and sexual assault, it was startling to discover that out of the 12 cases that have been disposed of by the FTCs since their establishment, 11 resulted in acquittals. The only case which resulted in the conviction of the accused was for the offence of “attempt to rape” and not rape. In this case, the court heavily relied on the medical reports which stated that the victim was “used to having sexual intercourse.”1 This conclusion was drawn by the Medical Officer upon conducting the two-finger test”.

Fast Track only in Name

September 23, 2014

The gruesome gang rape in Delhi in December 2012 re-ignited popular demands for fast-track courts to be established to conduct speedy trials in cases of sexual violence against women and on August 13, 2013, the Government of Karnataka passed an order (G.O. No.74 LCE 2013, dated 13.08. 2013) directing 10 fast track courts to be set up in Karnataka solely to try cases of rape and sexual assault against women. CLPR conducted a detailed study of the setup and working of these fast track courts.

Repeal and Re-enactment of Juvenile Justice Act – CLPR’s Comments on proposed Juvenile Justice Bill, 2014

July 10, 2014

The Union Ministry for Women and Child Development has proposed a repeal and re-enactment of the existing Juvenile Justice (Care and Protection of Children) Act, 2000 (the JJ Act 2000), the primary law in the country dealing with children in conflict with the law and children in need of care and protection. CLPR provided its comments to the Ministry on two aspects of the proposed draft Juvenile Justice (Care and Protection of Children), Bill 2014 – the treatment of children between the ages of 16 and 18 who are alleged to be in conflict with the law and the provisions relating to foster care.

Prof. Bhullar’s death penalty: Executing the mentally ill

September 18, 2013

While there were serious procedural and evidential errors in the trial that support a re-examination of his case, a pressing concern is Professor Bhullar’s mental health, which has deteriorated steadily over the last 18 years that he has been awaiting his fate.

Bangalore’s Dying Lakes: Where is the Apex Committee?

August 3, 2013

This is a guest post by Praatika Prasad, an intern at CLPR from Smith College. In her post, she analyzes the Karnataka High Court’s directions to form an Apex Committee to oversee the lakes in Bangalore and she finds that there has been a lack of implementation, even though a year has passed since the order.

Constitutional Principles in US v Windsor in the Indian Context

July 23, 2013

The US Supreme Court’s decision last month in US v Windsor has been celebrated around the world as a progressive step in gay rights and legalizing same-sex marriages. Even in India, it is anticipated that this judgment will be able to leave an impact on the pending Naz appeal decision in the Supreme Court. Although Naz and Windsor deal with different issues (decriminalization of homosexual acts in Naz and, recognition of same-sex marriages in Windsor), the fundamental concern is to stop discrimination on the basis of sexual orientation.

“A promise is a promise: Time for action to end violence against women” – IWD, 2013

March 8, 2013 | Jayna Kothari

The 2013 United Nations theme for International Women’s Day fits into the theme of the 57th Session of the Commission on the Status of Women being held at the United Nations Headquarters, New York. Making the elimination of all forms of violence against women and girls its major theme, the session seeks to focus on two key areas – (1) the prevention of violence and (2) the provision of support systems and rehabilitative measures to victims of violence.

Factors of the Lack of Empowerment of Women in the Justice Verma Committee Report

March 7, 2013 | Jayna Kothari

he violation of human rights pertains to ‘rape cases’ including distorting investigation in rape, pre-conceived notions of ‘honour’, certain regressive court judgments (in some cases, we are told, that the rapist made a magnanimous offer to marry the girl). Thus, complaints of rape become mere matters of formality – low on priority because there is no understanding of the acuteness of the violation of the human rights of a woman and the psychological trauma she undergoes. This is compounded by vulnerabilities emanating from class/caste/community disadvantages and also that of poverty. This has led to a subculture of oppression.

Justice Verma Commitee Report: A manifesto of change

March 7, 2013 | Jayna Kothari

On 23rd, January 2013 the Justice Verma Committee on amendments to Criminal Law, was constituted to look into possible amendments of the Criminal Law to provide for quicker trial and enhanced punishment for criminals committing sexual assault of extreme nature against women. It was constituted a few days after the brutal gang rape in Dehli on December 16, 2012. The urgency of the matter impelled the Committee to undertake the performance of the assigned task within the short span of 30 days, so the Committee has been facilitated in the task by an overwhelming response to the Public Notice, an oral consultation with the women’s social action groups and experts in the field.

CII Confluence 2013 – Creating Social Value

March 5, 2013 | Jayna Kothari

The definition of Corporate Social Responsibility (CSR) continues to evolve over time. While ideas like diversity, inclusion and affirmative action have evolved in the West, they are at a relatively nascent stage in India. On the other hand, India is charting fairly unexplored territory with the proposal to make CSR spending mandatory. This summit brought together leaders in CSR, Disability and Affirmative Action from diverse organizations on a platform and help attendees gain actionable insights on how their organizations can weave CSR initiatives in the very fabric of business and nurture holistic and sustainable social development.

The Mental Health Care Bill 2012: An Overview

November 5, 2012 | Jayna Kothari

After India ratified the UN Convention on the Rights of Persons with Disabilities (UNCRPD) which came into force in 2008, there was a clear need to overhaul the existing disability laws in India to bring them in compliance with the UNCRPD. It is in pursuance of this that the Mental Health Act 1987 (“MHA”) is sought to be replaced the new Mental Health Care Bill 2012 (“2012 Bill”). This is a brief overview of the 2012 Bill.

Lok Sabha passes the Sexual Harassment at Workplace Bill

September 12, 2012 | Jayna Kothari

A law on sexual harassment at workplace has been one of the most awaited and anticipated laws since the landmark ruling of Vishaka v. State of Rajasthan, (1997) 6 SCC 241 where the Supreme Court observed that sexual harassment at workplace constituted a violation of the fundamental rights guaranteed under the Constitution. Making the above observation, the Court in an unprecedented move, proceeded to lay down guidelines that were to be followed in all workplaces until a suitable domestic law is provided for by the legislature. Another remarkable and novel feature of the judgment was its inclusion of the private sector apart from the public sector in its direction for employers to establish sufficient preventive and remedial systems in the workplace for female employees.

Copyright, Culture, Media and Identity

June 10, 2012

CLPR’s Sudhir Krishnaswamy presented a paper in the panel on ‘Copyright: Introduction to the Bill, its background, its provisions and implications for media.’ The other presenters in the panel were Lawrence Liang from Alternate Law Forum and Rakesh Prabhu from ALMT.

Post – CRPD development of the principle of “Reasonable Accommodation”

January 6, 2012 | Jayna Kothari

India’s ratification of the United Nations Convention on Rights of Persons with Disabilities (“CRPD”) marks a significant step in the development of Indian disability law. The Convention provides a rights-based approach through a social model of defining disability as contrasted with the medical model as prescribed under the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act 1995.

Karnataka High Court Supports Employment Rights of the Visually Challenged

October 15, 2011 | Jayna Kothari

Once again, the High Court of Karnataka stood up for and protected the employment rights of the blind and persons with low vision. A Division Bench consisting of Chief Justice Kehar and Justice Ashok B. Hinchgiri recently heard several petitions filed by Akhila Karnataka Andha Shikshakarugala Sangha AKAS and National Federation of the Blind (NFB) challenging Karnataka Government Notifications which excluded the blind and low vision persons from being selected for the post of primary school teachers. The series of petitions were allowed in terms of the previous Order of the High Court on 29 June 2007. This requires the Government to immediately select and appoint the blind and persons with low vision for teaching posts under the notifications.

Voting in the BBMP Council

October 13, 2011 | Jayna Kothari

The Mayor of the BBMP Council Mrs. Sharadamma has routinely not referred matters in the Municipal Council to a vote in the House. This has become controversial as members of the opposition and others allege that her actions are illegal as they violate the provisions of the Karnataka Municipal Corporations Act, 1976.