In the national finals of ConQuest 2024, which saw the top 8 teams from prestigious institutions compete, DU’s Campus Law Centre team clinched victory, with IIM Calcutta and NLSIU securing second and third places, respectively.
Blog
Filter by
By Categories
ConQuest 2024 | Top rank for NLSIU & KLE Law College at South Regional Round of ConQuest 2024 in Bengaluru
The last regional round of ConQuest 2024 saw NLSIU secure the top position with KLE Society’s Law college coming in a close second!
ConQuest 2024 | IIM Calcutta dominate ConQuest 2024 east regional round quiz contest, NLU Odisha comes 3rd
IIM Calcutta showcased a stellar performance as they bagged the top two spots at the East Regional Round of ConQuest 2024. Next stop, the South Regional Round!
Event Report | National Consultation on Resource Book on Caste Discrimination in India
On November 18th, the Centre for Law and Policy Research (CLPR) organised a National Consultation…
ConQuest 2024 | Defending champions Goa University secure pole position at ConQuest 2024 West Regional Round
In what proved to be one of the most intense regional finals of ConQuest 2024, defending champions Goa University, bagged the title of West Regional champions along with Gujarat National Law University coming in a close second.
Event Report | National Consultation on Resource Book on Women’s Rights Judgments in India
CLPR recently organised a National Consultation on the Resource Book on Women’s Rights Judgments in India with the aim of making landmark women’s rights judgments accessible to communities, legal practitioners, researchers and activists.
ConQuest 2024 | LSR comes out on top, advances with 1 other college team to ConQuest 2024 National Finals
ConQuest 2024 starts off with a bang at NLU, Delhi with Lady Sri Ram and Campus Law Centre, Delhi bagging the top 2 spots and securing their seats at the National Finals.
REGISTER NOW for India’s Premiere National Quiz on the Indian Constitution, History and Politics
The Centre for Law and Policy Research (CLPR) is excited to announce the 8th edition…
Call for Applications | Human Resources Officer
CLPR is looking for a bright and enthusiastic HR professional to oversee the organisation’s HR operations.
Event Report | National Consultation on its Draft Resource Book ‘Transforming Courts: Courts Decisions on Transgender Rights in India’
The consultation brought together leading transgender rights activists, academics, and lawyers to gather their feedback and inputs on the first draft of the book “Transforming Courts: Courts Decisions on Transgender Rights in India”.
Event Report | KYRE Session on Disability Rights at Chikkaballapur
Centre for Law and Policy Research (CLPR) and Karnataka Vikalchetanara Sanghatane (KVS) organized a ‘Know Your Rights and Entitlements’ (KYRE) session specifically designed to educate the local community about the rights and legal options available to persons with disabilities.
Call for Applications | Research Associate (Mid-level) x 2
Join CLPR as a Research Associate and contribute to groundbreaking analysis of Indian legal and judicial institutions, with a focus on women’s challenges within these very institutions. Apply now!
Access to Justice for Children with Disabilities in International Legal Framework
Access to justice for children with disabilities is a fundamental right, yet there are significant barriers that persist. International treaties like the CRC and CRPD provide a framework to address these challenges, but gaps remain in data, protocols, and professional training.
Call for Design Services – Branding & Collaterals, ConQuest 2024
CLPR is looking to engage the services of a designer for the eighth edition of…
Call for Quiz Consultant | ConQuest 2024
CLPR is looking to engage a Quiz Consultant for the eighth edition of ConQuest to…
Call for Communications Associate | CLPR’s National Constitution Quiz (3-Month Engagement)
The Centre for Law and Policy Research, Bangalore (CLPR) is a not-for-profit organization dedicated to making…
Event Report | State-Level Annual Stakeholders Consultation on the Protection of Children with Disabilities, 2024
On 12th August 2024, CLPR participated in the Consultation organised by the Juvenile Justice and Prevention of Child Sexual Offences (POSCO) Committees of the High Court of Karnataka.
Event Report | KYRE Session on Addressing Instances of Violence within the Transgender Community
On 10 August, the CLPR Paralegal Volunteers (PLVs), in collaboration with Swantantra, Payana, and Karnataka Vikalchetanara Sanghantane (KVS), hosted a pivotal Know Your Rights and Entitlements (KYRE) session on addressing violence within the transgender community.
NLS PACT Conference 2-3 August 2024 – National Law School of India University (NLSIU)
The National Law School of India University (NLSIU) in collaboration with CLPR, organised a conference…
Event Report | National Consultation on its Draft Resource Book on Disability Rights Judgments in India
On 13th July we had a national consultation on our draft ‘Resource Book on Judgments on Disability Rights’, at the Indian International Centre, New Delhi. Prominent disability rights experts, lawyers, academics, and activists contributed their valuable inputs to the on the draft.
Constitution Defenders Fellowship Training on Public Interest Litigation & Domestic Violence Remedies
CLPR had a fabulous training session for our Constitution Defenders Fellows from 05-07 July, 2024, on Public Interest Litigation (PIL) & Domestic Violence Remedies.
The Preamble T-Shirts are back in stock!
Own the highly popular, custom printed, one-of-a-kind T-Shirt that contains the text of the Preamble.
Borrowing Battles: Kerala’s Curious Reliance on Constitutional History
In the Supreme Court, Kerala contended that states have unrestricted authority to borrow money, citing Indian constitutional history among other arguments. This piece briefly examines the genesis of Article 293 and explores Kerala’s use of constitutional history in this instance.
Gaps Identified in the Implementation of the POSH Act: Ambiguities in the Law
Despite progress, the fight to protect women in the workplace continues. Alexander Blitzer writes on the ambiguities in the law and incomplete implementation of the POSH Act and underscores the urgent need for cohesive action.
Trans Law Cell Testimonial – Vihaan Peethambar
Vihaan Peethambar shares his experience with CLPR Trans Law Cell, his legal battle to claim his rights, and the importance of access to legal services for the trans community.
Call for Research Associate | CLPR | 2024
The Centre for Law and Policy Research (CLPR) is a not-for-profit trust dedicated to making…
Paralegal Volunteers (PLV) Training on Disability Rights at National Law School of India University, Bengaluru
On the 3rd of February 2024, CLPR hosted a training program dedicated to furthering the…
New York City’s Bold Crackdown on Body Shaming
This blog post explores New York City’s recent legislation that prohibits height and weight discrimination, appreciating its positive impact while questioning how effective it would be when it comes to the fashion industry.
Meet Our New Constitution Defender Fellows!
CLPR is proud to present the new cohort of Fellows of the newly launched Constitution Defender Fellowships!
Launch of the Constitution Defender Fellowships
CLPR is pleased to have launched the Constitution Defender Fellowship 2024! The inaugural ceremony took place at the High Court of Karnataka.
Making Justice Accessible: The Constitution Defender Fellowships
In the contemporary legal landscape of India, the dearth of lawyers willing to undertake pro…
Call for Litigation Associate | CLPR | 2024
We are looking to recruit a Litigation Associate who will handle and supervise the litigation work of CLPR’s Constitution Litigation Unit (CLU) which works in the areas of constitutional rights of disability, women’s, gender & sexual minority, and Dalit / Adivasi persons rights and the rights of other vulnerable groups.
Unraveling the Supreme Court’s Verdict: Upholding the Abrogation of Article 370
The Supreme Court’s recent verdict upholding the abrogation of Article 370 reshapes India’s constitutional landscape, stirring debates on national integration, regional autonomy, and the delicate balance between the two.
Review Process in the Supreme Court: An Analysis of the Marriage Equality Case
This blog explores the review options available in the Supreme Court of India post an unfavourable judgement, with a focus on the recent landmark Marriage Equality case.
Supriyo and the Fundamental Right to Marry
On October 17, 2023, the Supreme Court held in Supriyo Chakraborty v Union of India…
The Marriage Equality Judgment and What It Entails for The Queer Community
In a landmark ruling, the Supreme Court of India has delivered its judgment on the…
Call for Applications! The CLPR Constitution Defender Fellowship
The Centre for Law and Policy Research (CLPR) is excited to announce the opening of…
ConQuest 2023: India’s Premiere National Quiz on the Indian Constitution, History and Politics
The Centre for Law and Policy Research (CLPR) is excited to announce the 7th edition…
Call for a Research Associate for Constitutionofindia.net
Centre for Law and Policy Research, Bangalore (CLPR) is a not-for-profit dedicated to making the…
Paralegal Volunteers (PLV) Training on ‘Legal Rights of Transgender Persons’ at Bangalore International Centre (BIC)
On July 22nd, 2023, the Centre for Law and Policy Research organized its second comprehensive…
Call For Website Maintenance and Development Service for Constitutionofindia.net
A. Centre for Law and Policy Research, Bengaluru (CLPR) CLPR was established in 2009,…
Striking down the Telangana Eunuchs Act: A Step in the Right Direction
The Telangana High Court recently struck down the validity of Telangana Eunuchs Act, 1329 Fasli…
Workshop on the Constitution of India and Elections at Ananya Trust
The Centre for Law and Policy Research (CLPR) recently organized a two-day Constitution workshop for…
Call for Applications: Project Coordinator
The Centre for Law and Policy Research (CLPR) is a not-for-profit trust dedicated to making…
CLPR Talks: Human Rights, Accountability and the Role of International Financial Institutions
On June 23, 2023, we organized the third event in our CLPR Talks series titled…
The Right to Health and Palliative Care Policy in India
A large section of India’s ageing population does not have access to Palliative care. This article delves into the need for a National Palliative Care policy for India, one that will ensure the quality and dignity of life & death in the country.
Euthanasia and the Right to Die in India
This blog explores the the journey of the Supreme Court in its evaluation of the ‘Right to Die’ in India while discussing the constitutional scope of the right to live with dignity and highlighting the harsh realities of accessibility.
The Role of Language in Shaping a Gender-Neutral World
Language is a structured system of communication, with the potential to not only shape…
The Constitution Defenders Fellowship: Announcing New Constitution Defenders Fellows
Following our call for the Constitution Defenders Fellowship, we received several amazing applications and we…
Welcome to ConstitutionofIndia.net 3.0!
The ConstitutionofIndia team at CLPR is excited to announce the launch of Constitutionofindia.net 3.0 on the occasion of Ambedkar Jayanti 2023! This latest version features significant upgrades in functionality, an expanded range of resources, and a comprehensive redesign aimed at emphasizing accessibility and readability.
Transgender Persons and Public Spaces: Lack of Protection from the Law
Discrimination and exclusion faced by transgender and gender-variant persons is heightened in the public avenues…
Call for Applications: The CLPR Constitution Defenders Fellowship
The Centre for Law and Policy Research (CLPR) is excited to announce the opening of…
The Rehashing of Horizontal rights discourse: Kaushal Kishor v Union of India
The Constitutional Bench of the Supreme Court pronounced its judgement in the case of Kaushal…
Northern Regional Consultation on the Freedom of Marriage and Association and Prohibition of Honour Crimes Bill, 2022
CLPR participated in a two-day consultation on its draft ‘The Freedom of Marriage and Association…
Writers’ Workshop on Transgender Rights and the Law in India: A Report on TransForm 2022
On 10th December, the Centre for Law and Policy Research held a Writers’ Workshop as…
Transgender Lives, Identity and Community in India: A Report on TransForm 2022
The Centre for Law and Policy Research, in collaboration with Friedrich-Naumann-Stiftung für die Freiheit, held…
A Queer-Trans Critique on Marriage Equality in India
On 14th December, the Supreme Court asked the Union to respond to a plea by an Indian and…
Transform 2022- Transforming Rights: How Law shapes Transgender Lives, Identity, and Community in India
After 5 years of hosting TransForm in Bangalore, one of India’s first international conferences on…
Gauhati Medical College wins grand finale of ConQuest 2022
This article first appeared in The Print on Tuesday, 6 December 2022. The winners…
Call for Senior Consultant | CoI.net | 2023
Centre for Law and Policy Research, Bangalore (CLPR) is a not-for-profit dedicated to making the Constitution…
Call for Consultant | CoI.net | 2023
Centre for Law and Policy Research, Bangalore (CLPR) is a not-for-profit dedicated to making the Constitution…
National Law School of India University wins south zone prelims, reaches ConQuest 2022 finals
This article first appeared in The Print on 29 November 2022. Image: The CLPR team along with…
SRCC, NLU Delhi win Northern Regional round of ConQuest 2022, qualify for finals in Bengaluru
(This article first appeared in ThePrint on 20 November 2022) Shri Ram College of Commerce (SRCC) and…
Gauhati Medical College, WBNUJS qualify for ConQuest 2022 National Finals
(This article first appeared in ThePrint on 13 November 2022) With a packed auditorium filled with students…
Symbiosis Law School, AFMC qualify for ConQuest 2022 all-India finals on 3 December
(This article first appeared in ThePrint on 8 November 2022) The Centre for Law & Policy…
Gender in the Classroom
Gender is a construct created to differentiate between males and females based on a set…
The Impact of Representation in the Media for Young Queer People
Positive portrayals of queer characters in the media can be instrumental in how young queer people view themselves and the world around them. This blog explores the importance of queer representation and the adverse impact of negative representation in an Indian context.
The Right to Sex Education in Schools
Sex education plays a crucial role in how we view consent. This is especially important in a country like India whose culture and legal system have historically normalised sexual violence, and where victim blaming is prevalent. In this blogpost, Nayantara discusses the necessity of a culturally sensitive sex-ed curriculum and the positive impact that it could have on students.
ConQuest 2022: India’s Premiere National Quiz on the Indian Constitution, History and Politics
The Centre for Law and Policy Research (CLPR) is excited to announce the 6th edition of ConQuest: India’s Premiere National Quiz on the Indian Constitution, History and Politics.
School Policies on Gender and Sexuality
While there have some been some legal developments regarding LGBTQI+ rights in India, we are miles away in terms of societal acceptance. The first step towards this goal is for awareness and sensitisation to start in schools. In this blog, Nayantara interviews students and a teacher of Mallya Aditi International School, Bangalore, to discuss how the school deals with issues relating to gender and sexuality, and the way forward.
A CLPR Session at Ranga Shankara: ‘Was India’s Independence Movement Solely About Freedom from the British?’
The Centre for Law and Policy Research (CLPR) has collaborated with Ranga Shankara to hold a series of conversations on the Indian Constitution and its history as part of the latter’s public outreach programme—RS Connect. On 6 August 2022 we held the second public talk in this series. CLPR resource persons delved into the Indian Freedom Movement and emphasized that it was more than just a call to free Indians from British rule.
A Woman’s Right to Shared Household under the Protection of Women from Domestic Violence Act, 2005
This blog throws light on how the Supreme Court of India has gradually expanded the concept of ‘right to shared household’ under the Protection of Women from Domestic Violence Act 2005 (the DV Act) to include widowed daughters-in-law through purposive interpretation of the DV Act.
An Analysis of Indian Supreme Court Judgments on Honour Crimes
In this blog, Sriraksha, CLPR Litigation Associate, traces Supreme Court judgments on crimes committed in the name of honour. She highlights why a comprehensive legal framework is the need of the hour to protect the right of an individual to choose their own partner.
Bulldozing the Rule of Law: Khargone Demolitions and their Illegality
n April 2022, the demolition drive undertaken post-Ram Navami celebrations in Khargone city of Madhya Pradesh was criticised as unconstitutional and unlawful. In this blog, Tarusi Jain, our intern, discusses how the demolitions were violative of the Right to Housing under Article 21 of the Indian Constitution, principles of natural justice, and the principles of necessity and proportionality.
‘How Do We Engage With Our Constitution?’- A CLPR session at Ranga Shankara
On 2nd July 2022, the Centre for Law and Policy Research (CLPR) took part in RS Connect, a public outreach programme conducted at Ranga Shankara, Bengaluru. In a public talk titled ‘How do we Engage with Our Constitution?’ CLPR resource persons discussed the importance of public engagement with India’s constitutional past and present, to build a vibrant constitutional culture in India. The talk was the first in a series of conversations conducted by CLPR and hosted by Ranga Shankara.
CLPR | Trans Law Quarterly | Issue VI
This Pride Month, we are happy to present to you the VI Issue of our Trans Law Quarterly. In the past two years of the pandemic, we witnessed the tireless efforts of LGBTQIA+ activists, policymakers, litigants and judicial officers which resulted in timely court orders and policies safeguarding and advancing the rights of transgender persons. Putting together the quarterly has provided us a chance to reflect on how far we have come and how long the road ahead is.
Implications of the Recent Supreme Court Order on Sex Work
On the night of 17th September 1999, Budhadev Karmaskar entered a brothel on Jogen Dutta Lane in Calcutta. He then proceeded to violently attack and kill a sex worker. A trial Court convicted him under Section 302 of IPC to life imprisonment and the High Court of Calcutta upheld this conviction. When this case of murder eventually reached the Supreme Court as Budhadev Karmaskar v State of West Bengal in 2011, the Apex Court not only dismissed Karmaskar’s appeal against the conviction, but invoked Article 21 of the Constitution to assert that sex workers too had a right to a life of dignity.
Constitution in the Classroom- Workshop at Amber Valley School
On 10th and 11th June 2022, the ConstitutionofIndia.net team conducted a series of workshops for grades 1-12 of the Amber Valley Residential School in Chikmagalur, Karnataka. The main aim of the workshops was to inculcate a basic understanding of the Constitution and its functions.
Consultation on the Freedom of Marriage and Association and Prohibition of Crimes in the Name of ‘Honour’ Bill, 2022
CLPR held a consultation on its draft Freedom of Marriage and Association and Prohibition of Honour Crimes Bill in Madurai on 3rd – 4th June 2022. The consultation was held in collaboration with Evidence, a Tamil Nadu-based organisation working to protect and promote Dalit and Adivasi rights.
Consultation on the Freedom of Marriage and Association and Prohibition of Honour Crimes Bill, 2022
CLPR held a consultation on its draft Freedom of Marriage and Association and Prohibition of Honour Crimes Bill in Jaipur on 16th May 2022. The consultation was held in collaboration with Dalit Human Rights Defenders Network (DHRD Net) and supported by People’s Union for Civil Liberties (PUCL), Rajasthan and Manuski.
Trans Students and Educational Spaces: The Need for Better Policies
Educational institutions play a pivotal role in a student’s life, but for transgender students in India they remain another hurdle to conquer. The question of high trans dropout rates and lesser number of trans students in India finds its roots in the lack of inclusive policies being implemented. This blog argues the need for Indian institutions to make better policies and ensure holistic education for all.
The Need for a Law on Honour Crimes
Last month, a Special Court at Madurai convicted 10 of committing an honour crime in Tamil Nadu. The verdict led to renewed demands for a separate legislation that targets the heinous acts known as ‘honour killings’. This piece outlines the current legal framework for dealing with such acts and how a targeted law will be better equipped to ensure their deterrence.
The Protection of Women from Domestic Violence Act, 2005- Civil or Criminal?
It has been fifteen years since the DV Act came into force and the courts are yet to settle questions that are crucial for its implementation. The improper understanding of domestic violence has led the courts to constantly deliberate as to whether the DV proceedings as civil or criminal, while forgetting that the legislation is relief-oriented.
Aaeen: A Musical Comedy on the Constitution
The April 16th world premiere of Aaeen at Ranga Shankara, Bangalore was a full house….
U.S. – India Comparative Constitutional Law 2.0 – Essay Competition
The Centre for Law and Policy Research (CLPR) in collaboration with its partnered Indian and U.S. law universities, organised a series of cutting-edge workshops on U.S.-India comparative constitutional law between October 2021 and January 2022.
Dalit Atrocities in the Name of ‘Honour’
Dr Ambedkar firmly believed that intermarriage is one of the ways to break caste hierarchies. But today’s reality and data show the other picture. In India where 1/6th of the population is Dalit, the atrocities against Dalit persons have been increased by 9.3% in the year 2020. ‘Honour crimes’ are one of the major atrocities faced by Dalits in our country.
Tracing the Progress of Government Schemes Towards Eradication of Manual Scavenging
Manual scavenging has been banned in India since 1993 and is currently prohibited under the ‘The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013’ (the ‘Act’). The Act mandates the provision of safety equipment and gear for workers engaged in hazardous cleaning, and also a shift towards mechanization of cleaning septic tanks, sewers, and other spaces. This blog post delves into the lack of provision of safety equipment and traces the progress of complete mechanization while focusing on certain schemes of the Government, to enable the eradication of manual scavenging.
The Pervasive Reluctance to Criminalise Marital Rape
Earlier this year, the Delhi High Court began hearing petitions challenging the constitutionality of the marital rape exception to section 375 of the Indian Penal Code. The conscious leaving out of marital rape from criminalization via the country’s rape law has effectively ensured that rape within marriage is legal or more precisely – rape within marriage does not exist. This blog post attempts to capture the arguments in favor of removing this exception to marital rape.
Non-Heteronormative Ideas of Love and Family in India
In India, the idea of marriage is associated with several patriarchal rituals/norms which act as an institution to strengthen existing norms. Upholding a traditional family structure and therefore, the perpetuation of heterosexual normativity is still prevalent. The existence of ‘honor killing’ shows that any deviance is met with dire consequences.
Constitution in the Classroom: A Session with the Students of Aditi Mallya International School
On March 8th 2022, the CLPR team conducted a ‘Constitution and Fundamental Rights’ workshop for the grade 6 students of Mallya Aditi International School. The key purpose of the visit was to instil a basic understanding of why the Constitution was made, and what it contains.
CLPR @BIC HUB’BA
Centre for Law and Policy Research engaged with Bangaloreans at the BIC Hub’ba 2022 on 26-27th February from 12 pm to 6 pm. BIC Hub’ba was an event hosted by the Bangalore International Centre to bring together and showcase the work of local NGOs.
CLPR | Trans Law Quarterly | Issue V
On Trans Day of Visibility, we bring you the 5th Issue of Trans Law Quarterly. The last few months have witnessed an expansion of avenues where trans rights have gained recognition. Perhaps it is the need to rebuild our lives, in hopefully a post-pandemic world, that has given fresh impetus to both, individuals and institutions, to move towards a more equitable society.
The Channar Revolt: Using Clothing As A Tool Of Repression
Nangeli, a woman from a lower caste in the princely state of Travancore cut off her own breasts when she was asked to pay something called a ‘breast tax’. She was one of the many rebellious women of Travancore who fought for the right to cover their breasts.
Reproductive Justice and Transgender Rights | Roundtable 4 | Transform 2021
Dr. Aqsa Shaikh, a transgender woman and doctor, spoke on the “Sexual and Reproductive Health of Queer Persons”. She began by stating that both medical professionals and the law reduce transgender persons to their body parts and stigmatise them. Medical professionals completely ignore reproduction in discussions around transgender persons’ bodies, believing them to be asexual or hypersexual perverts incapable of having children.
Tightening the Noose on Interfaith Marriage
Interfaith couples in India can get married under the Special Marriage Act 1954. This is often accompanied by the threat of harassment and violence from family members as the Act requires couples to declare an intention to marry to State authorities and provides a 30-day window for anyone to file objections. To avoid this, many interfaith couples avoid the SMA route and adopt another strategy: one of the parties to convert to the religion of the other and get their marriage registered under the relevant personal law – a process that allows for relatively more secrecy.
U.S. – India Comparative Constitutional Law 2.0 – Workshop 4
The Centre for Law and Policy Research (CLPR) in collaboration with its partnered Indian and…
U.S. – India Comparative Constitutional Law 2.0 – Workshop 3
U.S. – India Comparative Constitutional Law 2.0 The Centre for Law and Policy Research…
U.S. – India Comparative Constitutional Law 2.0 – Workshop 2
The Centre for Law and Policy Research (CLPR) in collaboration with its partnered Indian and…
U.S. – India Comparative Constitutional Law 2.0
The Centre for Law and Policy Research (CLPR) in collaboration with its partnered Indian and…
U.S. – India Comparative Constitutional Law 2.0 – Workshop 1
The Centre for Law and Policy Research (CLPR) in collaboration with its partnered Indian and…
The Right to Love: The Use of Criminal Law to Police Trans Couples | Roundtable 3 | Transform 2021
Kishu Bhati, a young trans-man and law student spoke on “Transgender Experiences with State Agencies.” He recounted his difficulties before finally leaving home with his girlfriend. His parents did not accept his gender identity, and both of their parents tried to separate them. Kishu and his girlfriend then took the decision to run away from their homes.
The Demand for Transgender Rights and Democracy | Roundtable 2 | Transform 2021
Kunal Ambasta, Assistant Professor of Law at NLSIU, discussed the gatekeeping role played by law for democratic rights. Law regulates everything from access to ART (antiretroviral medication) to reproductive rights. It decides who is included and who is excluded, regulates what the body can do and which bodies can do it. He used the concept of rape as an example to elaborate the simultaneous invisibility and hypervisibility of transgender persons
The Underreporting of Manual Scavenging in India
In response to a question in the Parliament last month, the Union Minister for Social Welfare stated that the death toll of persons due to accidents while hazardous cleaning of sewers and septic tanks in the last five years was 321. He further stated that no deaths due to manual scavenging had been reported. Given the number of people actually engaged in manual scavenging and the hazardous working conditions associated with it, these deaths are decidedly underreported and may be hidden within figures for hazardous cleaning.
Access, Equality and Trans Inclusion in Education | Roundtable 1 | Transform 2021
This is a brief summary of the panel on Equality in Education at Transform…
India Must Explore Non-Coercive Population Control
The UP government announced a new population stabilisation draft bill that aimed to reduce the State’s total fertility rate from 2.7 per thousand to 1.9 per thousand by 2030. This draft law incentivised a two-child or less norm and laid down disincentives for those having more than two children. Uttar Pradesh is not alone: 12 states in India have introduced a two-child policy.
Call for Consultant | 2022
Centre for Law and Policy Research, Bangalore (CLPR) is a not-for-profit dedicated to making the Constitution…
Call for Senior Consultant | 2022
Centre for Law and Policy Research, Bangalore (CLPR) is a not-for-profit dedicated to making the Constitution…
Transform 2021: Taking Transgender Rights to New Heights
On 11th and 12th December, CLPR organised Transform 2021, the 5th National Conference on Transgender Rights and the Law. It brought together transgender rights activists, academics and lawyers from across the country to discuss pressing issues that affect the transgender community.
Quid Pro Quo Nature of “Gift” under Maintenance and Welfare of Senior Citizens Act
It is very common in India that after a certain age, senior citizens and elderly…
Policing Transgender Relationships: The Role of Police and Courts in affirming their Right to Love
When a transgender person leaves their parent’s house to be with a partner of their choice, they are immediately met with resistance. Families inflict violence, issue threats, and force their children into heterosexual unions. In this context, it is the duty of the State to intervene and ensure that non-heterosexual couples are protected from their families.
Call for Vendor: Design Partner for Transform 2021 Conference
Centre for Law and Policy Research (‘CLPR’) is a not-for-profit organization dedicated to making the Constitution work…
Call for Vendor: Caterer for Transform 2021 Conference
Centre for Law and Policy Research (‘CLPR’) is a not-for-profit organization dedicated to making the Constitution work…
Realizing Trans Rights in India: Property Ownership and Inclusion
Source: Pratik Chorge/HT Photo; Image only for representational purpose Owing to incidents of non-acceptance,…
CLPR Broadcast | October 2021
The CLPR Broadcast (October 2021): Covering all important developments from CLPR and ConstitutionofIndia.net.
Seminar on Know Your Rights for Persons Employed in Manual Scavenging and Related Work
On 26th September, 2021, Centre for Law and Policy Research (CLPR) conducted a ‘Know Your Rights’ Session for persons employed in manual scavenging and related work.
Workshop for CSOs in Tamil Nadu on PEMSRA, 2013
On 19th September 2021, the Centre for Law and Policy Research (CLPR) conducted a workshop for Civil Society Organisations (CSOs) from Tamil Nadu on Prohibition of Employment as Manual Scavengers and their Rehabilitation Act (PEMSRA) 2013 and the Rules.
Workshop for CSOs in Kerala on the SC/ST (Prevention of Atrocities) Act, 1989
Centre for Law and Policy Research(CLPR) organised a legal training workshop for Civil Society Organisations (CSOs) in Kerala on the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 on 18th September, 2021.
Workshop for Lawyers in Telangana on PEMSRA, 2013
On 11th September 2021, the Centre for Law and Policy Research (CLPR) organised a legal training workshop for lawyers in Telangana on the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 (“PEMSRA”).
Should the National Green Tribunal have Suo Moto Powers?
The Supreme Court (SC) and High Courts (HC) often take up cases on their own volition, without any party approaching the Court. This is an exercise of their suo moto powers. The SC generally invokes its suo moto powers for cases related to human rights. Environmental issues, such as air pollution in Delhi and the remediation of polluted rivers have been taken up through this route.
Workshop for Lawyers in Kerala on the SC/ST (Prevention of Atrocities) Act, 1989
On 4th September 2021, CLPR conducted a workshop for lawyers in Kerala on The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (“PoA Act”), and the Rules. The workshop consisted of two sessions – the first focused on the overview of the statute and the Rules and the second focused on the implementation of the Act.
CLPR Broadcast | September 2021
The CLPR Broadcast (September 2021): Covering all important developments from CLPR and ConstitutionofIndia.net.
Moplah Rebellion: Not Just A Religious Uprising
20 August 2021 marked the centenary of the Moplah rebellion (or Malabar rebellion). The rebellion is considered a divisive event in the history of Hindu-Muslim relations in India and has been a subject of academic and popular controversy.
Artificial Intelligence and Judicial Bias
On April 6th 2021, then Chief Justice of India S.A. Bobde introduced the Supreme Court Portal for Assistance in Court’s Efficiency (SUPACE). As an artificial intelligence portal, SUPACE is designed to make relevant facts and laws available to a judge depending on the matter currently being heard.
Call for Research Associate
The Centre for Law and Policy Research, Bangalore (CLPR) is a not-for-profit organisation, dedicated to making the Constitution work for everyone through law and policy research, social and governance interventions and strategic impact litigation.
Horizontal Reservations for Transgender Persons : Taking Intersectionality Forward
The Karnataka State Government has become the first state to provide 1% reservation for…
Workshop in Telangana on the SC/ST (Prevention of Atrocities) Act, 1989
On 31st July 2021, CLPR conducted a workshop for civil society organisations in Telangana…
Call for Vendor | Privacy, Policing and Surveillance Project
Centre for Law and Policy Research, Bangalore (CLPR) is a not-for-profit dedicated to making the…
Sensitizing India’s Justice System to LGBTQIA+ Needs
Source: Wikimedia Commons; Image only for representational purpose Recently, an order of the Madras High Court…
CLPR Broadcast | August 2021
The CLPR Broadcast (August 2021): Covering all important developments from CLPR and ConstitutionofIndia.net.
Disquiet Over the New Anti-Trafficking Bill Remains
The monsoon session of parliament is likely to witness the tabling of the Trafficking in Persons (Prevention, Care and Rehabilitation) Bill, 2021 which proposes a common statute that would bring into its ambit all forms of human trafficking including sexual exploitation, indentured labour, slavery, sexual servitude and organ trade. Despite the new Bill expanding the scope and territorial jurisdiction of offences, provisions of the new Bill remain worrisome especially to sex workers in India.
When Voluntary Sterilisation is Coerced
A day before World Population Day, on 10 July, the Uttar Pradesh Government announced a draft of the Uttar Pradesh Population (Control, Stabilization and Welfare) Bill, 2021 (Bill). The Bill has triggered widespread controversy.
Who’s on Trial Here?: A Deep Dive into the Tarun Tejpal Verdict
The Centre for Law & Policy Research (CLPR), in association with the Network of Women in Media (NWMI) and the Bangalore International Centre (BIC), conducted a session looking at the legal issues and concerns in the widely-criticised Tarun Tejpal judgment.
Call for an Associate Editor/Research Associate, 2021
Centre for Law and Policy Research, Bangalore (CLPR) is a not-for-profit dedicated to making the…
Ethics in AI Talk Series: Information Regulation, Artificial Intelligence and Governance
On July 8th, the Center for Law and Policy Research (CLPR) and the Indian Institute of Management, Bangalore (IIMB) co-hosted a webinar: ‘Ethics in AI Talk Series: A Conversation on Information Regulation, Artificial Intelligence, and Governance’. The webinar presented research from CLPR’s ‘Public Law of Information in India’ and IIMB’s ‘AI and Personhood Ethics’ projects.
Lawyers’ Workshop on The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989
On 3rd July 2021, the Centre for Law and Policy Research conducted a workshop for lawyers from Tamil Nadu on The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (“PoA Act”), and the Rules, under this Act.
The Dowry Death of Snehalatha Mukhopadhyay
On the afternoon of 29 January 1914 in Calcutta, a young woman, Snehalatha Mukhopadhyay, set herself on fire. Reports at the time indicate that she committed suicide to ensure that her father was not burdened with dowry for her marriage. At the time, dowry-related suicides were not uncommon in India.
CLPR | Trans Law Quarterly | Issue III & IV
It has been a year since the first Lockdown in March 2020 to prevent the spread of COVID-19. Yet things seem far from over, not just with this virus but that we still continue to suffer the effects of those months we were isolated and distanced – not just in our well being but in our capacities to gather, to protest, to create the world we need to live in.
CLPR Broadcast | July 2021
The CLPR Broadcast (July 2021): Covering all important developments from CLPR and ConstitutionofIndia.net.
Priority Access to Vaccines for Persons with Disabilities
Due to the low availability of vaccines in India, the question of who should get the limited supply, and in what order, has triggered heated public debate. Persons with disabilities are among those who are in crucial need of the vaccine, and paradoxically, they have the most difficulty in procuring it, due to problems accessing registration portals, travelling to vaccine sites, etc.
Blog Post Submission Policy & Guidelines
CLPR welcomes original contributions which provide high-quality analysis of recent constitutional law and human rights developments in India and across the globe, including case law, current litigation, legislation, policy-making, and activism.
Turf not TERF: Feminism, Solidarity and Trans Persons
In a workshop in May, Kamla Bhasin, poet, and social activist offered her take on feminist activism, which she defined in rather narrow, perhaps stifling ways. Feminism, according to her, was not about race, or caste, or trans issues, or the ecology, “and so on”; it is only and exclusively about the struggle against patriarchy, misogyny, and the control of men and/over women.
U.S.-India Comparative Constitutional Law Workshops
The Centre for Law and Policy Research (CLPR) in collaboration with its partnered Indian and American universities will organise a series of workshops on U.S.-India Comparative Constitutional law between August to December 2021. Four Indian law universities will be paired with four U.S. law universities for an interactive session. These workshops are supported by the American Consulate General, Chennai.
Queering COVID-19
Unlike many other Indians, LGBTIQ+ Indians don’t yet have equal rights. They, in reality, are still sub-legal citizens. This reflects abundantly in our laws spanning across anti-discrimination, education, sexual crimes and harassment, civil and criminal law, healthcare, housing, the labour code, and much more. Our laws exclude LGBTIQ+ communities and that leaves a huge legislative vacuum. Despite NALSA and Navtej judgments and the contentious Transgender Rights Act, many states remain non-starters.
Second Wave of COVID-19 Exposes Fault Lines in The Child Adoption System
The second wave of COVID-19 has created havoc in our country. The deadly virus took many lives and left several children orphaned. As per the National Commission for Child Rights (NCPCR), more than 30,000 children were orphaned, lost a parent or abandoned during the period between April 1, 2020, and June 5, 2021
CLPR Broadcast | June 2021
The CLPR Broadcast (June 2021): Covering all important developments from CLPR and ConstitutionofIndia.net.
India’s International Obligations Form the Basis for a new Equality Law
India has enacted several legislations due to its international commitments. The Rights of Persons with Disabilities Act 2016 was enacted to comply with the United Nations Convention on the Rights of Person with Disabilities. The Protection of Human Rights Act 1993 refers to human rights as outlined in the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social, and Cultural Rights (ICESCR).
Need for political inclusion of migrant workers
During the 2020 national lockdown, migrant workers in distress walking hundreds of kilometers was an iconic image of India. The pandemic demonstrated how a lack of sufficient social security measures jeopardise their health, work, and livelihood. But the migrant workers are not only deprived of welfare measures but access to political participation as well. In the context of elections recently concluded in prominent states, it is important to relook into this exclusionary character of the current electoral law framework.
Need for Reform in “Contested Divorce Cases”
Marriage and divorce in India are regulated by codified and uncodified personal laws. The Hindu Marriage Act, 1955 governs marriage and divorce between Hindus. However, the legal framework governing the marriage and divorce between members of the Scheduled Tribes community has been unclear.
Intersectionality Matters: The Supreme Court Judgment in Patan Jamal Vali v State of Andhra Pradesh
On April 27, 2021, a two-judge bench headed by Justice DY Chandrachud, rendered a judgement in a criminal appeal against the judgment of Andhra Pradesh HC. The case was about the rape of a visually challenged girl belonging to the Scheduled Caste. The High Court had confirmed the conviction of the appellant under Section 3(2)(v) of the SC/ST Atrocities Act, 1989 “the Act” as well as Section 376(1) of the Indian Penal Code, 1860.
India: No Home for the Stateless
Rohingyas are a small ethnic minority in Myanmar who have been subject to persecution by the Myanmar government and military. In 2017, the Myanmar army cracked down on Rohingya Muslims and this led to the Rohingyas fleeing into India. In August 2017, the Indian government released a circular that required all the States and Union Territories to identify and deport illegal immigrants. It claimed that that the ‘infiltration’ from Myanmar was a burden on India’s infrastructure and would undermine its national security.
Manual Scavenging on a Rise in Tamil Nadu
The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 (‘Act’) bans manual scavenging in India. It casts stringent penalties for violation of the Act and provides for rehabilitation and compensation of manual scavengers. Even though manual scavenging is outlawed, it seems to be on a rise, especially in Tamil Nadu.
CLPR Broadcast | May 2021
The CLPR Broadcast (May 2021): Covering all important developments from CLPR and ConstitutionofIndia.net.
Economic Boycott-A Case for Intervention
With the current bull-run in financial markets, the low-interest rate for two-wheeler/housing loans, rally in stock prices, plenty of funds to entrepreneurship thru PLI scheme, RBI, and banks’ support via “no interest on loans” are well known and occupy the mind-space of everyone in these post-pandemic times of economic recovery.
Call for Vendor | Constitutionofindia.net Website
Centre for Law and Policy Research, Bangalore (CLPR) is a not-for-profit dedicated to making the…
CLPR Broadcast | April 2021
The CLPR Broadcast (April 2021): Covering all important developments from CLPR and ConstitutionofIndia.net.
The SC/ST (Prevention of Atrocities) Act, 1989: Dilution by the Courts
The Prevention of Atrocities (Scheduled Caste and Scheduled Tribes) Act 1989 (“Act”) is aimed at countering the multifarious ways in which caste discrimination is played out. The Act is a criminal law that punishes caste-based atrocities against the members of SC/ST by non-SC/ST persons. Despite a stringent law, the conviction rates under the Act are tremendously low and there is a great delay in the investigation of the cases.
Intermediary Rules, 2021: The Constitution and Content Moderation (Part II)
On February 25, 2021, the Government of India announced wide-ranging changes to its regulatory mechanisms for governing online speech. These changes, made as to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, (“Intermediary Rules”) substantially alter the framework for the regulation of online platforms and their content moderation practices in India.
Why Ambedkar Opposed an Indian Constituent Assembly
B.R. Ambedkar’s seminal contribution to Indian constitution-making as the Chairman of the Drafting Committee is widely celebrated and acknowledged. Less known was his initial critique of an Indian Constituent Assembly in the mid-1940s. On 6 May 1945, Ambedkar addressed a gathering of the All-Indian Scheduled Castes Federation. Instead of speaking about the sectional interests of the Scheduled Castes, he chose to speak on a ‘topic which is general and has wider appeal, namely, the shape and form of the future Constitution of India’.
Acid Attack Survivors: Implementing Their Right to Dignity
The Supreme Court has consistently held that the State has an obligation towards acid attack survivors and given elaborate judgements for compensation to be provided. However, the principles of equality and dignity are rarely realised for them in practice. This post focuses on their right to seek monetary compensation and also recognized as persons with disabilities.
A Little ‘Over The Top’: Examining India’s New Laws for Online Speech (Part I)
On 25 February 2021, the Government of India announced wide-ranging changes to its regulatory mechanisms for governing online speech. These changes, made as to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, (“Intermediary Rules”) substantially alter the framework for the regulation of online platforms and their content moderation practices in India.
CLPR Broadcast | March 2021
The CLPR Broadcast (March 2021): Covering all important developments from CLPR and ConstitutionofIndia.net.
Tackling Caste Discrimination: Understanding the ‘Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013′
On 27 February 2021, the Centre for Law and Policy Research in collaboration with Thamate –…
B.R. Ambedkar’s Idea of Separate Settlements
In 1951, the District Collector of Pune requisitioned certain land for the development of a Kashiwadi Harijan Colony for the upliftment of Dalits. This was challenged by several landowners whose plot was listed to be acquired. The Court, in this case, held that such an acquisition would be discriminatory against non-Dalits under Article 15(1) of the Constitution. It stated that several people from different communities were also disadvantaged. Thus, such an arrangement was deemed to be discriminatory and against public purpose. And so, the Collector’s plan to create a separate settlement for the Dalit community was blocked.
Conversations on Equality, Gender Identity, and Anti-Discrimination at Church Street
On 21st February 2021, the Centre for Law and Policy Research (CLPR) set up a ‘Social Justice Café,’ with equal rights on the menu, at Church Street, Bengaluru from 2:00 P.M. to 6:00 P.M. The Sunday Church Street frolickers were treated to two parts of the event: Activities designed to raise awareness on transgender rights, right to Equality, and prohibition of discrimination based on race, caste, sex, and religion; and discussion with an esteemed panel of Jayna Kothari, Arvind Narayan, and Sanjay Kabir Bavikatte.
Gender-Based Discrimination in Property Rights
Even though these laws and precedents recognise women’s right to a fair share of the property, in reality, this right is being denied due to various social, cultural, and institutional reasons
Constitutions and the Military: A Tale of Two Republics
On 1 February 2021, the Commander-in-Chief of the armed forces, Senior General Min Aung…
Sex Workers’ Right to work: A Comment on Kajal Mukesh Singh v State of Maharashtra
The Sex-Workers’ Pop up; Image only for representation purpose; courtesy; Issac Garcia The Immoral…
Making the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 Work | Bangalore Discussions
On 23rd January 2021, CLPR organized a workshop titled “Making the Scheduled Castes and Scheduled Tribes…
Rights and Trump(s): Some Dilemmas of Online Content Moderation
On January 8, 2021, Twitter permanently disabled the account of @realDonaldTrump, the personal account of…
Call for a Consultant
Centre for Law and Policy Research, Bangalore (CLPR) is a not-for-profit dedicated to making the Constitution…
Call for a Senior Consultant
Centre for Law and Policy Research, Bangalore (CLPR) is a not-for-profit dedicated to making the Constitution…
Not a Man’s Protest: Women and the New Farm Laws
On 11th January, while hearing a case related to the controversial farm laws, the Chief Justice of India said ‘At some time, we might say in the order that old people and women need not be there in the protests… tell them that the Chief Justice of India wants them (old people and women) to go back.’ The farm laws had triggered a wave of protests across the country, especially in Punjab and Haryana. A large number of women are participants in this protest. As per the Agriculture Census, 73.2% of rural women workers are farmers, and they would be directly impacted by the farm laws.
The CLPR Equality Fellowship: Announcing New Equality Fellows
We are excited to announce the joining of two Equality Fellows: Shahenaz Begum and Priyanka S Bhat.
CLPR Broadcast | January 2021
The CLPR Broadcast (January 2021): Covering all important developments from CLPR and ConstitutionofIndia.net.
Do entrance exams discriminate against the poor?
Clause 3 of the CLPR Equality Bill prohibits discrimination on the basis of protected characteristics. 2(oo)(i) lists socio-economic disadvantage as a protected ground, defined as a condition of a person “disadvantaged by poverty, low income, homelessness, or lack of or low-level educational qualifications.”
Workshop on the Philosophy and Law of Information Regulation in India – Day 2
On December 11 and 12, 2020, CLPR organised a workshop on the Philosophy and Law of Information Regulation in India, which brought together scholars and practitioners across disciplines to present research and reflections on different aspects of information regulation and law in India. This blog summarises day 2 of the workshop.
Workshop on the Philosophy and Law of Information Regulation in India – Day 1
On 11 and 12 December 2020, CLPR organised a workshop on the Philosophy and Law of Information Regulation in India, which brought together scholars and practitioners across disciplines to present research and reflections on different aspects of information regulation and law in India. This blog summarises day 1 of the workshop.
Transforming Futures: A Report on Transform 2020
TransForm is CLPR’s flagship annual conference to discuss debates on emerging issues on transgender rights and this year it was held on 5th and 6th December 2020.
Results of Transform Essay Competition 2020
The Centre for Law and Policy Research is happy to announce the winners of…
When Prevention of Atrocities Act becomes a victim in the hands of Police and Executive
The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (“PoA Act”) passed…
Law and Science, Information and Evidence
In her groundbreaking work ‘Science at the Bar’, STS scholar Sheila Jasanoff examined how…
The Sixth Schedule: The History of Tribal Autonomy in the Indian Constitution
On 27 August 2020, the Arunachal Pradesh state legislative assembly unanimously passed a resolution to bring the entire state under the Sixth Schedule of the Indian Constitution. This Schedule currently makes special provisions for the administration of tribal areas in the north-eastern states of Assam, Tripura, Meghalaya, and Mizoram. Most laws passed by the legislative assemblies in these states do not apply to tribal areas; instead, these areas are governed by autonomous Councils, which have wide-ranging powers to make laws on land, forest management, agriculture, village administration, and personal matters.
TRANSFORM 2020 Art Exhibition
Centre for Law & Policy Research invites you to the TRANSFORM 2020 Art Exhibition …
Legibility and Obscurity in the Age of Big Data (I)
In James C. Scott’s book ‘Seeing Like a State’, Scott argues that the modern…
Women Voters and the Bihar Elections
The public discourse around elections in India has very rarely seen women being treated as a crucial constituency. While pre-poll conversations seem to be monopolised by issues around caste, religion, and other issues, women related concerns are often left out.
Call for Vendor | T-shirt Manufacturers
Centre for Law and Policy Research (‘CLPR’) is a not-for-profit organization dedicated to making the Constitution work…
Privacy and Persuasion: Dark Patterns & Implications for the ‘Notice and Consent’ Framework
Prevailing models of information regulation which address data protection and privacy concerns are overwhelmingly…
TRANSFORM 2020 Essay Competition | Centre for Law and Policy Research
Centre for Law & Policy Research announces the TRANSFORM 2020 Essay Competition …
November 1948: Ambedkar presents Draft Constitution, Indian Constitution-Making Shifts into High Gear
4th November 1948 was a critical date in India’s constitution-making process: B.R. Ambedkar, Drafting Committee Chairman, formally introduced the Draft Constitution in the Constituent Assembly. This ‘formidable’ (as Ambedkar referred to it) document, containing 315 Articles and 8 Schedules, was the culmination of the Assembly’s work, particularly its committees, that began on 9th December 1946. From this point onwards, all of the Assembly’s debates – 114 out of 165 sittings – centred around this Draft. These debates mark the most intense phase of Indian constitution-making.
New Media and Methods: Studying Online Content Moderation
Online platforms, particularly social media platforms are prominent models of media today. Information flows…
Algorithmic Fairness and Anti-Discrimination Law
We have previously discussed how algorithmic systems which are used in decision-making implicate different legal norms, from data protection to intellectual property. This post examines an important emerging area of interaction between legal systems and algorithms – discrimination and equality law.
Call for Vendor 2020 | Website Development and Enhancement Services
The Centre for Law and Policy Research (CLPR) is a not-for-profit organization dedicated to making…
Too Big to Regulate: Competition Law and the Structure of Information Markets
The US Department of Justice recently sued the tech giant Google, claiming that Google abused a dominant position in the search engine and advertisement market, in a way which systematically harmed competition and negatively affected consumers. This is a major development given the historical reticence of the US anti-trust regime to curtail monopoly power in the digital age. This post briefly explains the links between the market structures of the digital economy and legal regulation.
What do the Transgender Persons (Protection of Rights) Rules, 2020 say?
The Ministry of Social Justice and Empowerment, has been in a hurry to implement the Transgender Persons (Protection of Rights) Act, 2019 (the Act). Despite widespread protests, the Act was passed on 5th December 2019. Several petitions have been filed challenging the constitutional validity of the on the Act. Since then the Ministry has tried to operationalize the Act through the publication of the Rules. After releasing the draft rules in April 2020 and in August 2020; finally, on 25th September 2020, the Ministry notified the Transgender Persons (Protection of Rights) Rules 2020 (the Rules). The Rules seem to have tried to bridge the vast gap between the Act and the directions of the Supreme Court in NALSA v. Union of India.
Privacy Theory 101: Must Reads
In the last few blogs, we discussed some fundamentals of privacy theory – spanning the historical origins of the ‘right to privacy’ in legal jurisprudence in the USA, to contemporary scholarship delving into the implications of data-driven and machine learning environments for our understandings of privacy. This week, we list out some critical scholarship on the theoretical foundations of privacy, and its relationship with regulatory practice in India (apart from the readings already listed).
A Case for Representation in Criminal Law Reform
In May 2020, the Ministry of Home Affairs constituted the Committee for Reform of Criminal Laws. The purpose of this first-of-its-kind Committee is to reform substantive and procedural criminal laws because the current laws “…reflect State paternalism and…Victorian morality of the colonial states…[and] the socio-political beliefs and legal discourse of that era”.
Privacy Theory 101: Profiling, Prediction, and Hildebrandt’s Theory of Privacy as Protection of the Incomputable Self
In this series of blogs, we have been exploring different conceptual and theoretical approaches to information privacy. In the last post, we explored an influential, historical argument by Warren and Brandeis in their paper on the ‘Right to Privacy’, written in a time when anxieties about photographic and print technologies were prevalent. In this post, we examine some of the anxieties and concerns that contemporary data science methods and technologies like machine learning pose to privacy, and theoretical responses to these anxieties in Mireille Hildebrandt’s 2019 paper, ‘Privacy as Protection of the Incomputable Self: From Agnostic to Agonistic Machine Learning’. (Theoretical Inquiries in Law, 20, 83 – 121)
CLPR Broadcast | October 2020
The Centre for Law and Policy Research (CLPR) is a not-for-profit organization dedicated to…
The Emergence of Algorithmic Bosses: Framing a Legal Response
A few months ago, two Uber drivers from the United Kingdom, Azeem Hanif and Alfie Wellcoat filed a case against Uber alleging discrimination by its algorithm. They brought the case in a District Court in Amsterdam, where Uber’s headquarters is located. One of their central claims is that Uber’s algorithmic interference determines the nature of their rides: which drivers get the short ride or the nice ride, and the other way round. The automated decision-making process lacks transparency and is based on arbitrary factors, they allege, and drivers are in the dark about how the AI decides these questions.
Privacy Theory 101: Warren and Brandeis’s ‘The Right to Privacy’ – Law, Affect and the ‘Right to be Let Alone’
Image only for representational purpose In this series of blogs, we have been exploring…
Intersectional Nature of Discrimination- the Case of Koraga Tribe
This post will focus on the Koraga Tribe in Karnataka and Kerala, and the intersectional nature of the discrimination they face. While the Koragas are classified as a Particularly Vulnerable Tribal Group (PVTG), their population continues to dwindle and they remain in abject poverty.
Privacy Theory 101: Privacy as Contextual Integrity
The Right to Privacy has firmly re-established itself in the constitutional lexicon, following the 9-judge decision in KS Puttaswamy v Union of India. The re-emergence of privacy as an area of constitutional interest has no doubt been informed by anxieties about technological developments – particularly digital communication and information technologies. The internet and related technologies have renewed concerns about how information flows can affect fundamental individual and societal interests – articulated as the ‘right to be let alone’, or the right to self-determination, among others. In the next few blogs, we will examine the theoretical constructs of a ‘right to privacy’, its relationship to the right under Indian law, and its implications for information regulation and governance going forward.
Protecting the Rights of Victims & Witnesses in Caste-Based Atrocities
Scheduled Caste and Scheduled Tribe persons (SC/STs), who comprise 28% of India’s population, have faced discrimination in Indian society, socially and economically, for hundreds of years. Due to their weak social and economic background, they often lack the resources to navigate India’s legal system and fight for their constitutional rights.
ConQuest 2020: India’s Premiere National Quiz on the Indian Constitution, History and Politics | Register Now!
The Centre for Law and Policy Research (CLPR) is excited to announce the 5th edition of…
Must-Reads: Algorithms and the Law
In the last few posts, we posed some questions for algorithms as an artefact for governance, including the implications of different forms of algorithms embedded in computing and information infrastructure, their relationships with governing and administration, and their relevance for specific legal domains. Here, we share some readings to critically study, understand and critique algorithmic systems are particularly relevant for lawyers.
CLPR | Trans Law Quarterly | Issue II
E D I T O R I A L We are still in…
Machine Learning and the Imperative for Reinvigorating Procedural Justice
Image Source: Wikimedia commons; Image only for representation purpose In the last post,…
CLPR Broadcast | September 2020
The Centre for Law and Policy Research (CLPR) is a not-for-profit organization dedicated to…
Disability Rights to Disability Justice: India’s Case for a Transition
There are two competing, often overlapping, movements regarding persons with disabilities – disability rights and disability justice. The former focuses on securing equal opportunities and equal rights for all people with disabilities, while the latter is a framework that examines disability and ableism as it relates to other forms of oppression and identity. “Disability justice” is a term coined by the black, brown, queer, and trans members of the original Disability Justice Collective, founded in 2005 by Patty Berne, Mia Mingus, Stacey Milbern, Leroy Moore, Eli Clare, and Sebastian Margaret.
‘Technological Due Process’ – Procedural Safeguards Against an Automated Administration?
In our last post, we discussed the use of a predictive scoring algorithm in the…
Reframing Debates around Regulating Online Harassment
Online harassment has become remarkably routine, particularly for communities based on gender, caste, sexual orientation…
Reflecting on the UK’s Algorithmic Grading System and Administrative Automated Decision Making
London in August 2020 saw scenes that would not be out of place in a science fiction fantasy. Protestors gathered outside of the country’s Department for Education and rallied to ‘dismantle the algorithm’. The algorithm in question was a statistical model designed to standardise grades for the country’s GCSE A-level examinations (the equivalent of 12th board exams in India).
Equality, Non-Discrimination & the Guarantee of Healthcare
The right to equality and non-discrimination involves not only formal equality in law but obligations on the State to provide substantive non-discrimination for those persons and groups who suffer differential impacts. In the context of healthcare, this means recognizing stigma, discrimination, and exclusion as a result of disability, health status, gender and gender identity, and other social, economic, and cultural categories. Positive obligations, in that case, should extend beyond the prohibition of discrimination, to inclusive policies, reasonable accommodation, and affirmative action’s accounting for special needs and acknowledging existing barriers in the access to healthcare. As the Covid-19 pandemic has highlighted, healthcare as an occupation is also in need of protection with multiple reports of attacks on healthcare workers stigmatized as carriers of the virus.
The Philosophy and Law of Information Regulation in India | Call for Papers
We invite multi-disciplinary submissions from fields of law, history of science, science and technology studies, informatics and information sciences, political and economic philosophy, design studies, and other related fields to reflect on the relationship between law, technology and information, with specific reference to the institutions of public law in India.
Thou Shall Not Eat: Discrimination on the basis of food preference
Clause 3 of the CLPR Equality Bill,2020 prohibits discrimination on the basis of protected characteristics. Clause 2(oo)(i) mentions food preference as one of the protected characteristics. Prohibition of discrimination on the basis of food preference is refreshingly new in the Indian socio-legal context.
Non-Personal Data: Examining Data Trusts?
Data trusts have emerged as a recent but popular formulation to refer to a set of legal and institutional practices of data governance by collectives. In the Draft Report, a ‘data trust’ refers to an institutional structure with certain shared protocols for containing and sharing data. The Draft Report frames a ‘data trust’ as a ‘data pool’ of sorts, to hold data from various sources, which is to be managed by public authorities.
The Right to Education and Technology
Online classes have been conducted since the beginning of lockdown and will continue for the foreseeable future. Low-income students without access to a steady internet connection and reliable computers face the prospect of being deprived of an entire year of education. This raises the question: what happens to the Right to Education under Article 21A during the pandemic?
CLPR Broadcast | August 2020
The Centre for Law and Policy Research (CLPR) is a not-for-profit organization dedicated…
Legal gender recognition in Bangladesh and Sri Lanka
The State legally documents the gender of an individual from birth. For trans persons, the ability to have their gender recognized in official documents is an integral part of their right to life and dignity. Recent developments in Bangladesh and Sri Lanka relating to the legal recognition of the trans community’s right to gender recognition have been hailed as progressive; but do they go far enough? On January 26 2014, the Bangladeshi cabinet formulated a policy creating a distinct third-gender category – ‘hijra’- for trans persons. While this indicates that the State views ‘hijra’ as an umbrella term for all trans people, the term is considered to exclude other communities
Non-Personal Data Regulation: Interrogating ‘Group Privacy’
In the last post, we examined the Government of India’s Draft Report on Non-Personal Data, and its justifications for regulating NPD for ‘economic benefit’. This post examines the concept of ‘group privacy’, which has been presented as a justification for the regulation of NPD.
Limits on reservation?
Last week, the Supreme Court resumed hearing the Maratha Reservation case. Justice Nageswara Rao’s three-judge Bench is deciding whether Maharashtra can extend reservations in education and public employment to the Maratha community. As Sr. Adv. Arvind Datar stressed in the last hearing, the central issue revolves around the 50% ceiling on reservations set by the Supreme Court back in 1992 in Indra Sawhney. Was Maharashtra justified in surpassing the ceiling by over 20%?
Call for Court Reporter | Supreme Court Observer
We are looking to engage a Court Reporter for CLPR’s Supreme Court Observer (SCO) initiative.
Non-Personal Data: The ‘Economic’ Case for Regulation
In the previous post, we introduced the Draft Report of the Committee on Non-Personal Data Regulation and analyzed its conception of ‘Non-Personal Data’ (“NPD”) as a category for regulation. There, we wrote about how the contours of NPD (as defined under the Draft Report) will necessarily entail conflicts with the proposed personal data protection regime in India. In this post, we set out to examine and critique the Committee’s justifications for why ‘Non-Personal Data’ should be regulated, in particular, on the ‘economic value’ justification for regulation.
Regulating Non-Personal Data
In September 2019, the Ministry of Information Technology, Government of India, formed a Committee of Experts (“Committee”) to deliberate on the issue of ‘Non-Personal Data’ and to suggest an appropriate regulatory framework for the subject. The Committee’s initial report, (“Draft Report”) was released for public comment on July 12, 2020. In the next few posts, we will summarise, reflect on and critically analyze the concepts presented in the Committee’s report. This post focuses on the concept of ‘non-personal data’ as a category for regulatory efforts under the Draft Report.
Call for Quiz Consultant | ConQuest 2020
CLPR is looking to engage Quiz Consultant for the fifth edition of ConQuest as a part of…
A Case of Universal Basic Income Support
Amid this pandemic crisis and subsequent lockdown, we witnessed images of millions of migrants returning their homes walking hundreds of kilometres. As per data collected by Union Skill Development Ministry, around 67 lakh migrant workers returned to their homes. The predicament of these migrant workers during the crisis could have been significantly averted if they had a financial safety net to rely on – most had lost their jobs after the lock down had come into effect.
A ‘Public Law of Information’ for India
Information or ‘data’ has often been the subject of disparate areas of law and regulation, with a history that can be traced back to the evolution of the printing press, and extending to contemporary debates around digital technologies.
Trans Rights in Nepal: Progress & Pitfalls
The political and legal development of LGBTQ+ rights in Nepal has been the result…
Law and India’s Information Society – Framing the Debate
By all accounts, we are in the midst of an ‘information revolution’. Like technological revolutions…
CLPR Broadcast|July 2020
The Centre for Law and Policy Research (CLPR) is a not-for-profit organization dedicated to…
Analysis of use of UAPA from NCRB data
The use of the Unlawful Activities Prevention Act, 1967 (“UAPA”) in the last few years needs critical analysis, especially in light of the increasing use of the UAPA. What is surprising is that while the UAPA was enacted in 1967, its constitutionality has never been challenged in any of the High Courts or the Supreme Court. The UAPA has had several amendments, and the most recent amendments being made in 2019 amending Section 35. This amendment allows the Government to even categorize individuals involved in terrorism and not just organizations. It is only the 2019 amendments that have been recently challenged in the Supreme Court in two recent petitions.
COVID-19, Caste and the City
On 27th May 2020, a tragic image of a child playing beside his dead mother made headlines. Unfortunately, this is only one of the many instances, which has brought to light India’s stark class inequalities during the migrant crisis.
The migrant crisis has certainly brought some attention to class inequality in India. However, we must resist the urge to view the crisis only through class. About 16% of the total intra-state migrants in India belong to the Scheduled Castes (SCs) and 8% to the Scheduled Tribes (STs), almost equal to their share in the total population, as per data from Census 2011. It is then plausible that a significant fraction of migrants attempting to return to their homes during the lockdown are SC/STs. These communities are vulnerable on the account of their class and caste.
CLPR | Trans Law Quarterly | Issue I
Putting this newsletter together became a practice of accounting how we gather together, of holding to our greatest capacity as we shrink in the onslaught of terrible abandonment and destruction. We hope that whenever you find the time to peruse through this, it will remind you that we are in this together.
CLPR Broadcast|June 2020
The CLPR Broadcast (June 2020): Covering all important developments from CLPR, CAD India and SCObserver.
Provisions of the POA Act Diluted, This Time by the Courts
In the implementation of the Scheduled Castes and Scheduled Tribes Prevention of Atrocities Act 1989, the executive has in many cases not adhered to the text and spirit of the legislation. However, it appears that Courts are going in this direction as well – all in the name of COVID-19.
Alcohol and State Revenue: The Debate in the Constituent Assembly
One of the first steps that many Indian States embarked on as part easing coronavirus related lockdown measures was to allow liquor shops to sell alcohol. Serpentine queues were a common sight at liquor shop across States in India. The restlessness of the State governments to open liquor shops was quite evident – bringing its dependence on alcohol-based revenue into sharp relief.
Should Government Employees Enjoy Less Free Speech Rights?
In late April, three officials of the Indian Revenue Service, out of their own volition, prepared and published a report titled ‘Fiscal Options and Response to COVID-19 Epidemic.’ The report proposed that the top marginal income tax rate for the super-rich who earn more than 1 crore annually be increased from 30 to 40%. It also proposed the introduction of a new wealth tax to fight the pandemic-caused economic crisis. The Union government initiated disciplinary proceedings against the officers and suspended them from service, alleging indiscipline.
Is Uttar Pradesh’s Suspension of the Industrial Disputes Act Constitutional?
On May 6th, the Uttar Pradesh government issued an ordinance suspending the operation of 35 out of 38 labour legislation for the next three years. While the ordinance will only come into effect if it receives Presidential assent, this is almost a given due to the constitutional requirement that the President acts on the advice of the Prime Minister’s cabinet, and that UP is a BJP-ruled state.
Call for Research Associate/Associate Editor |CAD India Website
CLPR is looking to engage an Research Associate for CLPR’s Constitutional and Civic Citizenship project. The Research Associate/Associate Editor will be engaged in research, writing and producing a range of content for on themes that include constitutional law, constitutional history and political history.
Announcing New Equality Fellow
We are excited to announce the joining of a new Equality Fellow: Thulasi K Raj
She will engage in litigation and advocacy in the State of Kerala to work with communities facing discrimination based on caste, gender, sexuality, gender identity, and minority status.
CLPR Broadcast|May 2020
The CLPR Broadcast (May 2020): Covering all important developments from CLPR, CAD India and SCObserver.
India needs an institutional framework for Pre-legislative Consultations
Amid the coronavirus pandemic and countrywide lockdown, the Ministry of Social Justice and Empowerment had asked for comments from all stakeholders on the Draft Transgender Persons (Protection of Rights) Rules 2020 on April 18, 2020. Initially, the deadline to submit the comments was April 30, 2020. It meant that only 12 days were given to file the comments – which violated the Pre-Legislative Consultative Policy (PLCP hereafter) 2014. A range of civil society activists working in the fields of transgender persons’ rights cried foul and this appeared to have an effect. On April 30, 2020, the government extended the deadline till May 18th, 2020 which exactly met the PLCP guidelines.
Justice not accessible for victims of atrocity in Tamil Nadu during Covid19
Under Article 226 of the Constitution of India, 1950, every citizen of this country has the right to constitutional remedies when their fundamental rights have been violated by the State. These remedies may be accessed by approaching the respective High Court. However, during the lockdown imposed due to the outbreak of COVID-19, these constitutional guarantees remained only on paper in Tamil Nadu. Both the Chennai and Madurai benches of the Madras High Court and their Subordinates Courts have shut their doors, of course with the primary intention of controlling the spread of COVID-19. However, the courts and the legal process have become completely inaccessible for the common man, especially the most vulnerable sections of the society like individuals from Scheduled Caste and Scheduled Tribe communities.
Mitigating against the Death Penalty
In 2019, the Court developed important new guidelines for ensuring fair trials and sentencing in death penalty cases. In ‘Anokhilal’, the Court was grappling with whether the accused had adequate legal representation during his original trial. In ‘Accused X’, the Court was deciding whether to overturn a death sentence on the ground that the accused suffered from post-conviction mental illness.
Unemployment Protections in Indian Constitutional History
The COVID-19 outbreak has severely impacted labourers in India especially those working in the informal sector who constitute 90% of India’s workforce. The recent cases in Surat and Mumbai of the unemployed migrant labourers seeking to go back to their hometowns are worrisome. According to the International Labour Organization’s report, Indian informal economy is looking at a job loss for 400 million people.
Need for Recognition of Trans Rights in International Human Rights Law
A cursory look at the development of trans rights indicates that the world has made significant progress in addressing the recognition of gender identity rights. These regional and domestic developments do not, however, recompense the reality that transgender persons still suffer some of the most pervasive forms of violence and discrimination. In the absence of concrete universal standards, States are free to formulate laws that grant limited or arbitrary rights to transgender persons.
CLPR Broadcast|April 2020
The CLPR Broadcast (April 2020): Covering all important developments from CLPR, CAD India and SCObserver.
Need to introduce the concept of ‘vicarious liability’ for the Police
The mark of a democracy is to let people express their dissent without any reprehension or threat. Democracy itself can only work so long as the differences between groups do not impair a broad substrate of shared values.
The right to assemble peacefully has been enshrined in Article 19(1)(b) of the Indian Constitution. Amid the increasing police brutality against the anti-CAA protestors, the Allahabad High Court’s recent decision of directing the state to give compensation to the AMU students who were injured during lathi-charge and asking the authorities to take action against the erring police officials is nothing less than the silver lining in this saga of despair.
Content Moderation by Private Platforms: Can Fundamental Rights be Invoked?
As the Corona pandemic rages across the world, another scourge has gripped the internet ever so strongly – misinformation. The hard task of fighting misinformation has become even harder as the human content moderators are forced to sit at home due to the outbreak. Privacy-related restrictions mean that such moderators are unable to work from home and Artificial Intelligence has taken over the bulk of the work. This, in turn, is leading to arbitrary moderation of even content which is legitimate.
Is it possible to be Trans, Legal, and Free?
The NALSA Judgment (2014) and the Navtej Johar Judgment (2018) both produced a subject of gender and sexuality in a present-in-history. Both judgments presumably did not announce the recognition of new identities but traced histories of identities built on sexual and gendered differences from ancient India onwards.
‘Reimagining Bail Decision Making: An Analysis of Bail Practice in Karnataka and Recommendations for Reform’
India’s ballooning under-trial population is a serious challenge to the effectiveness and legitimacy of the criminal justice system. The most recent, yet dated Prison Statistics released by the National Crime Records Bureau (NCRB) in 2018 pegs India’s under-trial prison population at around 67 % or two-thirds of the total prison population. Academic and policy literature on prisons and under-trial detention have conventionally focused on a doctrinal analysis of provisions on bail or on the conditions of detention, relying primarily on data from prisons and police stations, compiled by the NCRB. However, the crucial point of entry of a person into the prison system at first production in the courts after arrest has received no research attention.
(IN)-EQUALITY in Private Actions
India has witnessed a rise in intolerance over the past few months. From intolerance towards dissent, housing decisions taken based on political leanings to violence towards minorities (religious or socio-economic), show a growing unease and divide in the citizens of India. These acts of violence, discrimination or unequal treatment can be divided into two categories.
Atrocities against Scheduled Castes and Scheduled Tribes: What has changed since 2016?
Recently, the National Crime Records Bureau (NCRB) released the Crime in India Reports for 2017 and 2018 in quick succession, after drawing criticism for the inordinate delay in releasing these statistics. These reports are the primary source of data to track the incidence and reporting of crimes in India and the performance of the police and courts in investigating and adjudicating cases, including those related to crimes against Scheduled Castes (SCs) and Scheduled Tribes (STs).
Conversations on Transgender Persons (Protection of Rights) Act, 2019
Transgender rights are at the forefront of gender inclusivity in India since the landmark decision of the Supreme Court in NALSA v. Union of India. These dialogues gained significant momentum when the Transgender Persons (Protection of Rights) Act, 2019 was enacted. Taking into consideration the vehement opposition to the legislation, CLPR held a community meeting “Conversations on Transgender Persons (Protection of Rights) Act, 2019” to discuss the legal issues and challenges to the law. The meeting saw participation from the transgender community, lawyers, and human rights activists alike. Strong voices of Anindya Hajra, Vyjayanti Vasanta Mogli, Grace Banu and Akkai Padmashali guided the conversation through the various issues that are constitutionally and procedurally problematic.
Medical Termination of Pregnancy (Amendment) Bill 2020
The lower house of the Parliament passed the Medical Termination of Pregnancy (Amendment) Bill 2020 (hereafter Bill) in the current budget session on March 17, 2020. This bill amends the earlier Medical Termination of Pregnancy Act 1971. Some key features of the new Bill include: Extension of the gestation period for termination of pregnancy from 20 weeks to 24 weeks, directions to constitute a Medical Board in every State and protecting the privacy of women whose pregnancy has been terminated.
Call for Associate | Supreme Court Observer
CLPR is looking to engage an Associate for CLPR’s Supreme Court Observer (SCO) initiative in New Delhi. The Associate will among other things research and report on key Supreme Court cases.
CLPR Broadcast|March 2020
The CLPR Broadcast (March 2020): Covering all important developments from CLPR, CAD India and SCObserver.
Why India needs both more and less of Article 370
As of 2020, constitutional democracy in India has taken a less recounted journey, one towards a more imperial Centre and less autonomous states. Democratically elected state governments have been dismissed, States have been demoted to Union Territories, independent constitutional bodies have been subjugated and now the most existential test of all that faces the peoples of India is one of citizenship!
Tackling Caste Discrimination Through Law: Ernakulam Dialogues
On 28th February 2020, CLPR organized a workshop for civil society organisations on ‘Tackling Caste Discrimination through Law’ in Ernakulam in association with the Human Rights Law Network (HRLN). The day was divided into two sessions, – (i) An introduction to the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (PoA Act) and the Protection of Civil Rights Act 1955 (PCRA) and (ii) group activity.
Sex and gender stereotypes in the Armed Forces
On 17 February, the Supreme Court guaranteed women in the Armed Forces (AF) the right to permanent commission (PC) in ‘The Secretary, Ministry of Defence v. Babita Puniya’. Upholding a 2010 Delhi High Court judgment, the Court held that the State should provide equal opportunities to both women and men for lifelong service in the Armed Forces. Does the judgment carry any significance beyond the sphere of the Armed Forces?
Status of implementation of POSH Act in Chennai’s Collectorate and its subordinate offices
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) which is considered to be of the better piece of legislation protecting women’s rights and dignity, seems to be so only on paper in the Chennai, especially in the Collectorate and its subordinate offices. The executive authorities appear uninterested in implementing this progressive law and awareness about this law is lacking among employers, employees, and workplaces including companies, shops, households, and government organizations alike. This scenario does not only hold for rural areas but also to the metropolitan city like Chennai.
Freedom of the press: A Constitutional History
Last month the Supreme Court in Anuradha Bhasin v. Union of India dealt with the issue of continued internet shut down in Kashmir. While the Court did not direct the restoration of internet services, it recognised the internet as a mode to exercise one’s fundamental rights. The judgment also addressed the freedom of press claim: even though it was not encoded in the Constitution, the judgment reiterated the fundamental right to freedom of the press within Article 19 (1) (a). While freedom of the press is not explicitly mentioned in the Constitution of India, 1950, there were longstanding demands to make it a part of the constitutional text.
Call for Videography and Editing Services
The Centre for Law and Policy Research (CLPR) is a not-for-profit organization dedicated to making…
Tackling Caste Discrimination Through Law: Lawyer Learning Session at Ernakulam
On 18 January 2020, CLPR organised a Learning Session for Lawyers on ‘Tackling Caste Discrimination Through Law’ in Ernakulam in association with the Kerala High Court Advocates’ Association. The workshop aimed at enabling and facilitating a better understanding of caste discrimination laws such as the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, The Protection of Civil Rights Act, and 1955, Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 (PEMSRA) as well as Equality Bill, 2020.
The Pervasiveness of Caste Discrimination amongst Muslims
Neel D’Souza, a Public Policy Student from National Law School of India University, Bengaluru who is working as a research intern at CLPR writes a blog on the topic, “The Pervasiveness of Caste Discrimination amongst Muslims”.
Call for Vendor 2020 | Maintenance and Development Services
The Centre for Law and Policy Research (CLPR) is a not-for-profit organization dedicated to making…
The Sexual is Political: Consent and the Transgender Persons (Protection of Rights) Act, 2019
The Transgender (Protection of Rights) Act 2019 passed recently by the Parliament, precisely undoes the capacity of the trans subject to be a citizen by revoking their ability to consent. This post highlights some of the key issues in the Act and why the trans community does not support it.
Tackling Caste Discrimination through Law: Hyderabad Conversations
On 27th January 2020, CLPR organized a workshop titled ‘Tackling caste discrimination through Law’, for activists, NGO representatives, and CSO representatives. The workshop aimed at enabling and facilitating a better understanding of caste discrimination laws such as the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, The Protection of Civil Rights Act, 1955, The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 and The Andhra Pradesh Devadasis (Prevention of Dedication) Act, 1982.
Tackling Caste Discrimination Through the Law-Madurai Talks Among CSOs
On 10th January, 2020, CLPR organised “Tackling Caste Discrimination Through the Law”, a training workshop for civil society organisations and activists working on issues of caste discrimination in various parts of Tamil Nadu.
Introducing Intersectionality | Course
The course uses academic writing, legal texts, commentaries, personal narratives, fiction and cultural texts to understand how intersectionality affects our study of the law, advocacy, and activism; how the law, legal studies and legal practice is transformed by intersectionality; and how intersectionality challenges, resists, and reimagines legal normativity.
Tackling Caste Discrimination through law – Lawyer’s learning session for better Law
On 30 November, 2019, we hosted ‘Tackling caste discrimination through law’, a lawyers’ learning session in collaboration with the Advocates Association, Bangalore at the Karnataka High Court (see the full agenda here) The workshop aimed at enabling and facilitating learning of caste discrimination laws such as the Schedule Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, The Protection of Civil Rights Act, 1955, The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 and the Karnataka Devadasis (Prohibition of Dedication) Act, 1982.
The Supreme Court in Review, 2019 | Summary of Proceedings
‘The Supreme Court in Review, 2019’ brought together lawyers, academics, journalists and students together from across India. CLPR’s the Supreme Court Observer organised this event to review key Supreme Court judgments from 2019.
Call for Consultants | Constitutional and Civic Citizenship Project | 2020
The Centre for Law and Policy Research, Bangalore (CLPR) is a not-for-profit dedicated to making…
RTI Judgment: Confusions about Public Interest
Last week, the Supreme Court opened up the Office of the Chief Justice of India to the Right to Information (RTI) Act, 2005. In a unanimous judgment authored by Justice Sanjiv Khanna, the Court held that the need for judicial independence does not place an absolute bar on information disclosure. Can we expect this to usher in a new era of transparency and accountability?
Rajya Sabha Debates on the Transgender Persons (Protection of Rights) Bill 2019
The Transgender Persons (Protection of Rights) Bill 2019 was strategically introduced in the Rajya Sabha on 20th November 2019, being the Transgender Day of Remembrance, by the Minister of Social Justice and Empowerment, Mr. Thawarchand Gehlot. The Bill had previously lapsed after the dissolution of the Lok Sabha on account of the general elections and was reintroduced and duly passed by the Lok Sabha on 5th August 2019. This post captures the key debates held in the Rajya Sabha on the Bill.
Fact Finding Mission: Gundlupet Dalit Atrocity
On 21.06.2019, Pratap, a Dalit man in Gudlupete, Karnataka who went to fetch water from a temple, was tied to a tree inside the temple, brutally assaulted and paraded naked on the highway by the villagers, including a policeman. This incident yet again throws the issue of caste discrimination into sharp focus. It is a testimony to the pervasiveness of caste discrimination in India and the prevalence of the practice of untouchability.
Call for Communications Associate | Centre for Law and Policy Research
The Centre for Law and Policy Research in Bangalore, is looking to engage a full-time Communications Associate for the following year. Specifications and requirements of the position are listed below.
Dialogues on the Right to Life and Personal Liberty at Ananya Trust
On 25th September 2019, Kruthika R from the Centre for Law and Policy Research along with Gunjan Rathore and Zoaib from NCS Bangalore Chapter put together a session on the right to life for the children – aged 10-16 – at Ananya Trust. The sessions focused on the death penalty and right to housing – two concepts inextricably linked to the right to life.
Transform Art Competition 2019 | Results
The Centre for Law and Policy Research is pleased to announce the winners of the…
ConQuest 2019: Fourth Edition of India’s Premiere National quiz on the Indian Constitution, History and Politics
ConQuest 2019 took place in the months of August and September. South…
ConQuest: India’s Premiere National quiz on the Indian Constitution, History and Politics
ConQuest: India’s premiere national quiz on the Indian Constitution, History and Politics is CLPR’s annual flagship event. It is aims to have students engage with India’s rich constitutional and political history in a fun yet rigorous way. This post provides a brief overview of all ConQuest editions since 2016.
Call for Court Reporter | Supreme Court Observer
We are looking to engage a Consultant for CLPR’s Supreme Court Observer initiative. The Supreme Court Observer is a living archive of the Supreme Court of India and brings alive and makes accessible the work of the Supreme Court.
CLPR releases report of study on Intersectional Discrimination
As part of its work on equality and non-discrimination, CLPR conducted a study on experiences of intersectional discrimination in South India between May – November, 2018. The objective of the study was to understand the relationship between different intersecting identities and various sites of discrimination such as educational institutions, workplaces, police stations, and public transport.
Call for Associate Editor | Supreme Court Observer
We are looking to engage a Consultant for CLPR’s Supreme Court Observer initiative.
The Supreme Court Observer is a living archive of the Supreme Court of India and brings alive and makes accessible the work of the Supreme Court. The Observer aims to build an enduring constitutional culture in India by enhancing the popular understanding of the Supreme Court’s contribution to our everyday lives.
An Overview of the Equality Bill, 2019
– Aadhirai S, Deekshitha Ganesan and Jayna Kothari India has a robust Constitution and…
ConQuest 4.0: India’s Premiere National Quiz on the Indian Constitution, History and Politics
The Centre for Law and Policy Research (CLPR) is excited to announce the 4th edition of ConQuest: India’s Premiere National Quiz on the Indian Constitution, History and Politics.
Forging the Union Executive: Ensuring a Representative Cabinet
Mahboob Ali Baig moved an amendment proposing that the prime minister and his ministers be selected by members of parliament ‘in accordance with the system of proportional representation by means of a single transferable vote’. Baig’s amendment was rejected. The Historical Constitution and the Constituent Assembly debates reveal that the constitutional choice regarding the executive was not straightforward – it was preceded by rigorous debate and conflict over alternative systems. While India settled on Article 75, the problems of representativeness of the executive remain in 2019.
To Learn In The Language Of One’s Own
The NEP’s proposal of the ‘three-language formula’ has dominated public attention while its other recommendations have received scant attention. One such recommendation was to educate primary students in their ‘home language/mother tongue’ – to facilitate efficient learning.
Call for Research Associate | Centre for Law and Policy Research
The Centre for Law and Policy Research, Bangalore (CLPR) is a not-for-profit organisation, dedicated to…
The Draft National Education Policy, 2019 : Rights and Inclusion
The Draft National Education Policy, 2019 (DNEP) released by the government on May 31, 2019 has been described as a much needed attempt to overhaul the prevailing education system in India. Despite the initial uproar about the alleged imposition of Hindi in the curriculum, the policy appears to have found a good balance between retaining the old and ushering in new changes. In this post, we only respond to two crucial issues.
Bail Decision Making: Are the conditions of bail imposed by courts restrictive?
In the previous posts on bail decision making in India, we noted the relationship between decision making in lower courts and the under-trial prison population. We suggested that substantive law should separately recognise pre-trial and under-trial detention as considerations while granting bail should be different at each stage. An extension of this is that conditions of bail should also vary depending on the severity of the offence and the stage of the criminal justice process. In this post, we explore the different kinds of conditions that courts regularly imposed in Bengaluru, Tumakuru and Dharwad.
Review of Data on Survey and Identification of Manual Scavengers
The practice of manual scavenging was first criminalised in 1993. Since then, it has been replaced by a new act in 2013, which is wider in scope as it provides for rehabilitation and compensation, and imposes stricter penalties. Rehabilitation measures under Sec. 13 of the Act are applicable to a person identified as a manual scavenger under Sec. 12 of the Act. Since identification is the first step towards rehabilitating them, state agencies are required to collect reliable data on the total number of dry latrines (that require manual cleaning) and the number of people engaged in manual scavenging within their jurisdiction. However, it has been 6 years since the introduction of the Act, and the survey and identification of manual scavengers is still not carried out well in many Indian states and there is a mismatch between the number of insanitary latrines and manual scavengers identified.
Five Years Since NALSA: How Have the High Courts Fared?
Five years after the NALSA judgement, how have courts and government bodies fared in complying with the right to self-identify? This piece presents an analysis of cases in the High Courts which have dealt with self-identification of gender in employment, inclusion in the police force, and identification changes in educational certificates.
Breaking New Ground: Transgender Persons’ Fundamental Right to Marry
The fundamental right of transgender persons to marry individuals of their choice was recently affirmed by the Madras High Court in Arunkumar and Another. v The Inspector General of Registration and Ors. The High Court upheld a Hindu marriage between Arunkumar and Sreeja (a transwoman) which the Registrar of Marriages, Tuticorin had previously refused to register.… The Court looked beyond the facts of the case to address issues of self-determination, personal autonomy and freedom of self-expression, culminating in the recognition of transgender persons’ right to marry.
Equality Bill 2019 | May 15th Consultation
On 15th May, we organised a consultation on our Equality Bill 2019 (“Bill”) in Hyderabad. The CLPR team presented the provisions of the Bill and sought suggestions, inputs and feedback from the participants, which included various academics and members of civil society organisations working with marginalised groups. This blog post presents the key points of the consultation.
Sexual and Reproductive Rights in India: Social Movements and Legal Battles – DAY 2
On April 14th and 15th, we hosted the ‘Sexual and Reproductive Rights: Social Movements and Legal Battles’ conference, in collaboration with the University of Bergen, Norway and the University of Sussex at the Bangalore International Centre (see the full agenda here). The conference aimed to bring together prominent activists, academics and lawyers to discuss important issues and approaches that have developed in sexual and reproductive rights (SRR) advocacy in India. One of the key objectives of the conference was to shed light on issues and marginalised communities that are at the margins of SRR discourse and action.This blog post presents the key points raised on day 2 of the conference.
Sexual and Reproductive Rights in India: Social Movements and Legal Battles – DAY 1
On April 14th and 15th, we hosted the ‘Sexual and Reproductive Rights: Social Movements and Legal Battles’ conference, in collaboration with the University of Bergen, Norway and the University of Sussex at the Bangalore International Centre (see the full agenda here). The conference aimed to bring together prominent activists, academics and lawyers to discuss important issues and approaches that have developed in sexual and reproductive rights (SRR) advocacy in India. One of the key objectives of the conference was to shed light on issues and marginalised communities that are at the margins of SRR discourse and action.This blog post presents the key points raised on day 1 of the conference.
Indian General Elections 2019: Election Manifestos and Deprived Electorates
In the run up to the 17th Lok Sabha Elections 2019, India’s major political parties have released their manifestos to woo the Indian electorates. In this blog post, Avinash Shahi critically explores the pledges committed by national political parties for the upliftment of marginalized groups, which routinely confronts deprivations and indignities.
Call for Associate Editor | Supreme Court Observer Website
The Centre for Law and Policy Research, Bangalore (CLPR) is a not-for-profit dedicated to making…
Sexual and Reproductive Rights in India | Social Movements and Legal Battles | Speakers
Date: April 14th – April 15th 2019 Venue: Bangalore International Centre (BIC) C.A Site No.7, 4th…
Call for Quiz Consultant | ConQuest 2019
CLPR is looking to engage Quiz Consultant for the fourth edition of ConQuest as a…
Legal Capacity of People with Disabilities: A Way Forward
On 26th March 2019, the Association of People with Disabilities (Disability Legislation Unit-South) in collaboration with the National Centre for Promotion of Employment for Disabled People (supported by Mphasis) conducted a regional seminar on The Rights of Persons with Disabilities Act, 2016 at the Indian Social Institute Bangalore.
Implementation of Legislation Addressing Gender Injustice in Andhra Pradesh, Pt 1: POCSO Act
We analyse the implementation of the Protection of Children from Sexual Offences (POCSO) Act, 2012 in Andhra Pradesh. We perform both a quantitative and qualitative analysis. It is the first post in a three-part series on legislation addressing gender injustices in the State.
NCS | Bangalore Chapter | Does India need a National Language?
The Bangalore Chapter of the National Constitution Society hosted a film screening and discussion on…
Implementation of Legislation Addressing Gender Injustice in Tamil Nadu, Pt 3: POSH
We analyse the implementation of the POSH Act in Tamil Nadu. The Act aims to prevent the sexual harassment of women in the workplace. The Social Welfare Department of Tamil Nadu reports that only 1317 of the several lakh workplaces have established mandatory Internal Complaints Committees.
Implementation of Legislation Addressing Gender Injustice in Tamil Nadu, Pt 2: PCMA
Is the Prohibition of Child Marriage Act, 2006 (PCMA) being successfully implemented in Tamil Nadu? In 2009, the State framed rules regarding the monitoring and reporting of instances of child marriage by detailing the responsibilities of CMPOs and appointing ‘Panchayat Level Core Committees’ to assist CMPOs.
Implementation of Legislation Addressing Gender Injustice in Tamil Nadu, Pt 1: POCSO
We analyse the implementation of the POCSO Act in the State of Tamil Nadu. There appear to be various issues with its implementation in Tamil Nadu, such as the frequent use of the two-finger test by doctors examining the victims of sexual offences. The Supreme Court has established that the test violates the right to privacy, nevertheless it is frequently used in Tamil Nadu.
CLPR & CRR | Karnataka State Consultation | Towards a Rights-Based Approach to Child Marriage
On 9th March, 2019, Centre for Law and Policy Research (CLPR) organised a one-day consultation with Centre for Reproductive Rights (CRR), to discuss the implementation of the Prohibition of Child Marriage Act, 2006 (PCMA) and the 2016 Karnataka Amendment to the PCMA.
Call for Court Reporter | Supreme Court Observer Website
We looking to engage a Court Reporter for our website, the Supreme Court Observer. The Court Reporter will track cases being heard in the Supreme Court of India.
Judge with 70% Blindness denied Reserved Post
In V Surendra Mohan vs. State of Tamil Nadu (2019), the Supreme Court upheld the State’s policy of restricting the eligibility of blind and deaf candidates for the reserved posts of civil judge to those with 40-50% of their respective disabilities.
NCS | University of Delhi | How much freedom is too much freedom?
On 25th February 2019, the Delhi Chapter of the National Constitution Society organised a discussion on Sedition Laws and Fundamental Rights in India at the Zakir Hussain Evening College, University of Delhi.
CLPR Equality Fellowship | Induction
From 18th February to 2nd March, we are conducting a two-week ‘Induction Programme’ for…
South Asian Translaw Database | Beta version is now live!
The South Asian Translaw Database is a database to collate and present case laws, legislation, policies, and reports pertaining to transgender rights in the South Asian region. The beta version of our database is ready and we are very keen to receive comments and feedback!
IIHS | CityScripts 2019 | Sudhir Krishnaswamy Moderates Panel on 2018 SC Judgments
On 8th February 2019, the Indian Institute of Human Settlements held a panel on major 2018 Supreme Court judgments, titled “Dignity and Law: Judgments as Public Texts”. CLPR Managing Trustee, Professor Sudhir Krishnaswamy, moderated the panel. The panel comprised advocates Aarti Mundkur and Arvind Narrain, and feminist activist Madhu Bhushan.
Kala Ghoda 2019 | Justice Chandrachud w/ Jayna Kothari on the Constitution
On 9th February 2019, Honourable Dr. Justice DY Chandrachud was in conversation with CLPR Executive…
Comments on the Karnataka Budget: Urban Development and Infrastructure
On February 8, 2018, Chief Minster H.D. Kumaraswamy presented the Karnataka state budget for the financial year 2019-20. In this short comment in Prajavani, Mathew Idiculla analyses the urban development and infrastructure components of the state budget. He argues that though there are no trailblazing ideas on urban development in this budget, an overall emphasis on sustainability and public transportation is positive. The proposals for a “Bengaluru Mobility Scheme” and a “Parking Rules and Implementation Policy” are particularly noteworthy.
The Abidjan Principles | Adoption Conference | Ensuring the Right to Education
On 12-13 February 2019, human rights and education experts from around the world will meet in Abidjan, Côte d’Ivoire at the Adoption Conference of the Abidjan Principles. They will review the final text of the Principles, following which, the Principles will be adopted. The Abidjan Principles are a set of guiding principles aimed at ensuring that States guarantee the right to education, during a time where private actors are increasingly more involved in the delivery of education.
Abortion jurisprudence in the Supreme Court of India: Is it the woman’s choice at all?
In the last few years, the Supreme Court has passed several decisions on reproductive rights. This post specifically analyses the abortion jurisprudence of the Supreme Court over the last few years. The law governing abortions is the Medical Termination of Pregnancy Act, 1971 (“MTP Act”). Section 5 allows the termination of pregnancy beyond 20 weeks if it is immediately necessary to save the woman’s life. In all cases of abortion after 20 weeks that have come before the Court, the Court constitutes a Medical Board, an expert committee of medical professionals that produces a Report.
St. Joseph’s College of Law | Teaching Faculty Workshop on the Constitution | Summary
On 30th January 2019, CLPR led a session at the Teaching and Learning the Constitution of India Workshop, organised by the St. Joseph’s College of Law. CLPR introduced teaching faculty from around Bangalore to its CADIndia and SC Observer workshop model. The teaching faculty included faculty from both secondary and tertiary education institutions in Bangalore.
CLPR Workshops | Summary | Constitutional History & the Supreme Court
The Centre for Law and Policy Research (CLPR) in collaboration with the Praja Foundation organised…
Mallya Aditi International School | 70th Republic Day | Dialogues on the Indian Constitution
On the occasion of the 70th Republic Day celebrations, elementary school students at Mallya Aditi International School gathered together for a session on the Indian Constitution by Jayna Kothari, Senior Advocate in the Karnataka High Court, and Priya Rao, a lawyer turned academician.
“The Advocate” | Film Screening & Discussion
On Republic Day 2019, the Centre for Law and Policy Research in association with The Students’ Outpost organised a film screening and discussion around “The Advocate” (Part 1), directed by Deepa Dhanraj.
APU Colloquium Series | Surrogacy in India | Lecture by Dr. M Rao
Dr. Mohan Rao’s lecture on Surrogacy & Assisted Reproductive Techniques (ART) traced the history of surrogacy in India, within the context of an international “bio-economy.” He critiques reproductive rights arguments which centre on “women’s choice”, warning that they potentially obscure the exploitation of women’s reproductive labour. He highlights how caste, poverty, and rural status inflect women’s reproductive choices and agency.
CLPR Equality Fellowship | Selected Fellows
CLPR has selected the following five Equality Fellows: Krithika Balu, Itla Ragiri Jayalakshmi, Anima Muyarath, C Prabhu.
Equality Fellows will will dedicate the next 2 years to the better implementation of equality and non-discrimination law in the States of Andhra Pradesh, Karnataka, Kerala and Tamil Nadu.
NCS | NLSIU Friday Lecture Series #1 |Summary of Proceedings
On 16th January 2019, the NLSIU Chapter of the National Constitution Society (NCS) organised an…
NCS | Workshop on Constitutional History and Freedom of Speech
Amisha Pareek, Board Member of National Constitution Society, reports on CLPR’s workshop on Constitutional History and Freedom of Speech.
Call for Vendor 2019 | Maintenance and Development Services
CLPR requires maintenance and development services for CADIndia and SCObserver websites as part of the Constitutional and Civic Citizenship Project.
Constituent Assembly Debates Workshop: Exploring Freedom of Speech
On 12th December 2018, the Centre for Law and Policy Research (CLPR) in collaboration with the Praja Foundation, conducted a 2-hour workshop on Indian Constitutional History at the Aatma Ram Sanathan Dharm College in New Delhi.
One Step Forward and Two Steps Back on Transgender Rights
The Rights of Transgender Persons Bill, 2014 [“2014 Bill”] was passed as the first private member Bill in four decades in April 2015. Subsequently, the Transgender Persons (Protection of Rights) Bill, 2018 [“2018 Bill”] was passed on 17 December 2018 despite fervent objections from the transgender community regarding its problematic provisions. The 2018 Bill, which is currently before the Rajya Sabha, is a volte face on the rights that were guaranteed in the 2014 Bill.
CLPR Equality Fellowship | Selection Weekend
On 12th and 13th January 2019 we will conduct interviews to select up to 6 Equality Fellows who will dedicate the next 2 years to the better implementation of equality and non-discrimination law in India. 13 talented candidates will appear before a 4 member panel of prominent activists and human rights advocates: Mihir Desai, Martin Macwan, Anindya Hajra and Jayna Kothari.
NIMHANS | Symposium: “Preventing Child Marriages is Critical to Achieve SDGS”
Saumya Dadoo presented on the legal status of child marriage on behalf of Centre for Law and Policy Research at NIMHANS Symposium on preventing child marriages.
CLPR releases Policy Brief on Implementing Reservations for Transgender and Intersex Persons
On 21 December 2018, CLPR released its policy brief ‘Making Rights Real: Implementing Reservations for Transgender and Intersex Persons’ at the Bangalore International Centre. The policy brief was released by Hon’ble Mr. Justice L Narayana Swamy of the Karnataka High Court.
Call for Consultants | Constitutional and Civic Citizenship Project | 2019
The Centre for Law and Policy Research, Bangalore (CLPR) is a not-for-profit dedicated to making…
Constitutional Local Government @ 25 | The Future of Urban Governance in India | Agenda
Constitutional Local Government @ 25 The Future of Urban Governance in India Centre for Law…
Constitution Day Lecture on the ‘Construction of Exclusion under the Indian Constitution’
In her Constitution Day Lecture on 26 November 2018, to an intimate group of lawyers and members of civil society, Dr Amita Dhanda, professor of law at NALSAR University, spoke on the ‘Construction of Exclusion under the Indian Constitution’. She argued that legal education and training must inculcate a sense of injustice and pay greater attention to groups and communities that are excluded by constitutional text.
CLPR participates in the State Level Workshop on Rights of Women and Children with Disabilities
The Centre for Policy and Legal Research participated in the State Level Workshop on the legal issues pertaining to women and children with disabilities under the Rights of Persons with Disabilities Act, 2016 and other applicable laws.
CLPR | First National Constitution Society Convention 2018 | Summary of Proceedings
On 23rd November 2018, the Centre for Law and Policy Research (CLPR) organised the National Constitution Society (NCS) Convention 2018. The one-day Convention took place at the Indian Institute of Human Settlements, Bangalore.
Consultation on Preliminary findings on Intersectionality Report
Centre for Law and Policy Research organised a consultation to discuss policy brief on reservation for transgender persons in employment and education, as directed by NALSA. It also discussed preliminary findings of a research on caste discrimination CLPR worked on.
CLPR | First National Constitution Society Convention
On 23rd November, the Centre for Law and Policy Research (CLPR) organized the First National Constitution Society (NCS) Convention at the Indian Institute of Human Settlements, Bangalore.
First National Constitution Society Convention 2018
On 23rd November, the Centre for Law and Policy Research (CLPR) will organize the First National Constitution…
NCS Convention 2018 | Radical Social Democracy (Reading 2)
NCS Convention 2018 | Prompt 2 for Student Delegates of the National Constitution Society Convention. Aditya Nigam’s ‘For a Radical Social Democracy’
Presentation at the IGSSS National Roundtable – “Looking Back at 25 years: A Review of the 74th Amendment”
(Mathew Idiculla gave a talk on 12th November 2018 at UTC on the 74th Amendment…
NCS Convention 2018 | Where are the Shudras? (Reading 1)
Student Delegates for the National Constitution Society (NCS) Convention 2018 will be engaging in a series of online discussions prior to the Convention on 23rd November. Prompt 1 on Illaiah Shepherd’s ‘Where are the Shudras?’
NCS Convention 2018 | Selected Student Delegates
The Centre for Law and Policy Research has selected 32 students to be Student Delegates at the NCS Convention 2018. Thank you to all those who applied.
National Constitution Society Convention, 2018 | Agenda
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
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. Application Deadline: December 30, 2018, 5PM IST
Caste Discrimination in India: A study of NCRB data (Part IV)
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.
Caste Discrimination in South India: A study of NCRB data (Part III)
In this post, we explore how courts have performed in respect of crimes against Scheduled Castes and Scheduled Tribes. We will compare the data from Andhra Pradesh (AP), Karnataka, Kerala and Tamil Nadu (TN) with the national figures for 2016.
Call for Applications: Student Delegates for National Constitution Society Convention
The Centre for Law and Policy Research (CLPR) invites you to apply to be a…
Call for Vendor 2018 | Brand identity and website design
CLPR requires brand identity and website design for National Constitution Society (“NCS”) website as part of the…
Call for Vendor 2018 | Maintenance and Development Services
CLPR requires maintenance and development services for National Constitution Society (“NCS”) website as part of the…
The Constitutional and Civic Citizenship Project
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
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.
ConQuest 2018: Third Edition of India’s Premiere National quiz on the Indian Constitution, History and Politics
ConQuest 2018 took place in the month of September. North Regional Round: …
Call for Consultant: Constitutional and Civic Citizenship Project
Centre for Law and Policy Research (CLPR) is a not-for-profit organization dedicated to making the…
ConQuest 2018: India’s Premiere National Quiz on the Indian Constitution, History and Politics
The Centre for Law and Policy Research (CLPR) is excited to announce the 3rd edition of ConQuest: India’s Premiere National Quiz on the Indian Constitution, History and Politics.
Orientation program at St. Joseph’s College of Law
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”
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)
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.
Dr. Usha Ramanathan on “Identity, Privacy, Data and Our Lives”
CLPR hosted Dr. Usha Ramanathan for a talk on “Identity, Privacy, Data and our lives” on 27th June. She spoke about the genesis of the Aadhaar scheme and the casual brazenness with which Aadhaar was made mandatory without statutory backing and despite numerous court orders.
Caste Discrimination in South India: A study of NCRB data
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
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
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 – 14th May to 19th May
CLPR: The Centre for Law and Policy Research has recently taken up a new project…
Discrimination of caste, gender, sexuality and disability: a study in Kerala, Tamil Nadu, Karnataka and Andhra Pradesh
The effects of caste-based discrimination in India have been documented extensively. However, studies on the role caste plays for women, sexual minorities, and persons with disabilities have not found any voice.
Last week at CLPR – 7th May to 12th May 2018
CLPR: The reflections of CLPR’s student journalist, Karthik Venkatesh, on the Transform Conference was published. SCO:…
My Transformed Opinion – Karthik Viswanath
Marking the fourth anniversary of the NALSA judgment recognizing the right to self-identify one’s gender,…
Last week at CLPR – 30th April to 5th May 2018
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?
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
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
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.
My Transformed Opinion – Sampada S. Venkatesh
As a debater, I’ve been exposed to stories of transgender people, and have spoken on…
Last Week at CLPR: 8 April – 14 April 2018
Here is a summary of last week, 8th-14th April 2018, at the Centre for Law & Policy Research, including work done by the Supreme Court Observer and CADIndia
Transform
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.
Last Week at CLPR: 1st Apr – 7th Apr 2018
Last week at CLPR: our coverage of the SC review of the SC/ST Act, of the Aadhaar and Ayodhya cases, and the original Constitution of India.
Announcement: Selected Student Journalists for Transform– 2nd International Conference on Transgender Rights and the Law
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
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.
Call for Student Journalists – 2nd International Conference on Transgender Rights and the Law
On 14th and 15th April 2018, CLPR is organizing 2nd International Conference on Transgender Rights and the Law. We are looking for candidates who are deeply interested in transgender rights and law and have excellent journalistic capabilities.
Strategies CSOs Use To Advance Sexual and Reproductive Rights (SRR): An Introduction
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.
Last Week at CLPR: 18th – 24th March 2018 by Indu Krishnaswamy
CLPR: Students from St.Joseph’s College of Law attended a workshop on Religion and Personal Lawsthat delved…
Workshop at St. Joseph’s College of Law on Religion and Personal Laws
This past Saturday (24.03.2018) CLPR organized a workshop ‘Religion and Personal Laws’ at St. Joseph’s…
Last Week at CLPR: 11th – 17th March 2018
Last week at CLPR: CLPR: On International Women’s Day 2018 (6th March) the United Nations…
The role of the Supreme Court in protecting and sustaining secularism
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?
Rights in Review | Overview
“Rights in Review″ is our annual review of key Supreme Court judgements. We critically analyse judgements relating to fundamental rights. We assess whether these decisions advance our constitutional mandate for a robust protection of key civil, political and socio-economic life and highlight their relevance and impact on our collective public life.
UN report on the declining trend in child marriages globally
Two days before the International Women’s Day, UNICEF reported on 6th March 2018 that there had been a downward trend in child marriages globally and in the past decade the number of underage marriages in India had nearly halved.
Last Week at CLPR: 4th – 10th March 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.
Last Week at CLPR: 25th Feb – 03rd Mar 2018
Last week at CLPR: CLPR: Several CSO’s have filed Writ petitions in the Karnataka…
Last Week at CLPR: 18th Feb – 24th Feb 2018
In the Last Week at CLPR, CADIndia: Assembly Member of the week: This week…
Last Week at CLPR: 11th Feb – 17th Feb 2018
Last Week at CLPR: CADIndia: Assembly Member of the Week: 17th February 1968 is the birthday…
Release of Policy Brief: ‘Ending Impunity for Child Marriage in India’
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.
Last Week at CLPR: 4th Feb – 10th Feb 2018
Last week at CLPR: CLPR: On 9th Feb 2018 the Karnataka High Court stayed all proceedings with…
Last Week at CLPR: 28th Jan – 03rd Feb 2018
Last week at CLPR: CLPR: Matthew Idiculla writes in The Hindu on the Jan 21st decision by…
Last Week at CLPR: 21st Jan – 27th Jan 2018
Last week at CLPR, we designed and conducted numerous activities to celebrate India’s Republic Day.
Celebrating Republic Day with Mallya Aditi International School
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
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
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 Week at CLPR: 30th Dec 2017 – 6th Jan 2018
In the first week of 2018 CLPR previewed the Supreme Court calendar, drew attention to Jaipal Singh Munda and to the debate that decided the structure of the Indian Parliament.
Last Fortnight at CLPR: 17th Dec – 30th Dec
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
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
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
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: 19th Nov – 25th Nov 2017
Last week at CLPR saw an analysis on Gujarat Shrine Supreme Court verdict, reports on the Special Status of Delhi case and posts on Constitution Making.
Last Week at CLPR: 12th November– 18th November, 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.
Karnataka introduces a State Policy for Transgender Persons
On October 27, 2017, the Karnataka Government introduced a State Policy for Transgender Persons, a…
CLPR’s 4-part PODCAST series on the Uniform Civil Code in India
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.
Last Week at CLPR: 5th November – 11th November, 2017
In the last week, CLPR continued it’s efforts to introduce students to the Indian Constitution and traveled to Meghalaya and Assam to conduct workshops.
Last Week at CLPR : 29th October – 4th November, 2017
Last week at CLPR – a round-up of the analyses, research and reporting in the week 29th Oct-4th Nov.
Public Hearing on 26th Oct on Aadhaar related denial of Social Security
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
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”.
Last Week at CLPR : 23rd to 28th October, 2017
The last week at CLPR was a busy one with Courts resuming work post the Diwali Break and a variety of events being scheduled in the past week.
Reading the Constitution – Workshop at Mallya Aditi International School
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.
Intersex Persons’ Rights Seminar [23rd Oct 2017]
The term intersex refers to a variety of anatomical conditions where a person is born…
Last Week at CLPR: 15th-21st Oct 2017
The festive season made the last week at CLPR a short week. The Supreme Court was also closed for the whole week.
Press Conference on Supreme Court decision in Independent Thought v. Union of India
The Press Conference sought to spread awareness about the decision of the Hon’ble Supreme Court in Independent Thought v. Union of India and the implications of this decision.
Last Week at Centre for Law and Policy Research: 8th-14th Oct 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.
Podcast on CLPR’s Transgender Rights Initiatives
CLPR has launched a number transgender rights initiatives this year. In this podcast, Aashima Panikar…
Supreme Court Holds Marital Exception Will Not Apply where Wife Below 18
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.
Podcast: The Mental Health Care Act, 2017
Disha Chaudhary and Kruthika R, associates working with CLPR discuss the positive and negative aspects of the Mental HealthCare Act, 2017 (“Act”).
Quarterly Report [July – Sept 2017] on CLPR’s Trans Law Cell
The transgender community remains one of the most marginalized communities, discriminated against on a daily…
Podcast with TransRights Activist Jessica Lynn
As a part of CLPR Occassional Talks, CLPR hosted TransRights Activist Jessica Lynn on 27th September…
TISS and CRR Roundtable on Imprisoned Women’s Right to Safe Abortions
On 19.09.2016, a Division Bench of the High Court of Bombay delivered a landmark verdict in a suo motu Public Interest Litigation recognizing that imprisoned women, like other women, have the right to make choices with regard to motherhood and right to facilities to undergo safe abortions.
Bail Decisions – Should Indian law recognise the distinction between Pre-Trial and Under-Trial Detention?
In the previous post, we briefly looked at the possible outcomes of a ‘first production’ at…
Podcast: CLPR’s interventions in the fight against Child Marriage in India
Podcast on CLPR’s interventions against Child Marriage. Learn about our research into, and litigation against, Child Marriage and Marital Rape Exception.
Rohingyas Deportation Issue: UNHCR reaction and Supreme Court history on refugee crises
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.
ConQuest 2017: Second Edition of India’s Premiere National quiz on the Indian Constitution, History and Politics
ConQuest 2017 was organised between August and September 2017. East Regional Round: …
Podcast on Whatsapp – Privacy Case (Karmanya Singh Sareen v. UOI)
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.
CLPR introduces Graduate Course “Transgender Identity and the Law in India”
The Centre for Law and Policy Research is offering an elective course this…
Podcast – Cow Vigilantism Case (Tehseen Poonawalla v UOI)
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.
Roundup of ConQuest 2017 National Finals held on 1st Sept 2017
The National Finals of ConQuest 2017 was held on 1st September 2017 at the School of…
Roundup of ConQuest 2017 West Regional Round held on 26th Aug 2017
The west regional round of ConQuest 2017 was held in the campus of our regional…
Roundup of ConQuest 2017 North Regional Round held on 19th Aug 2017
The north regional round of ConQuest 2017 was held in the campus of our regional…
Register here for ConQuest 2017!
Who can participate? This year the quiz is open to senior high school students…
Panel Discussion on New Forms of Communal Violence at BIC on 3rd Aug
The Bangalore International Centre organized a panel discussion on “Communal Violence- A New Phase” on…
NALSA Judgement Orientation by Swatantra and CLPR on 1st Aug 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.
Roundup of ConQuest 2017 South Regional Round held on 11th Aug 2017
The South Regional Round of ConQuest 2017 was held on 11th August 2017 in the campus…
PIL- creating wider access to courts or creating “ad-hoc-ism”? Summary of the panel discussion hosted at BIC.
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.
Roundup of ConQuest2017 East Regional Round held on 5th Aug 2017
The East Regional Round of ConQuest 2017 was held on the campus of our East…
Bail Decision Making and Under-Trial Detention: An Introduction
In CLPR’s research on bail decision making in Karnataka, we have designed a qualitative study of court observations over a period of 45 days in lower criminal courts.
Child Marriage and Karnataka Amendments: Re-Engaging with the Debate on Voidability
Brototi Dutta of CLPR writes about the legal ramifications of making child marriages void, analysing the recent Karnataka State amendments to the Prohibition of Child Marriage Act
East Regional Round – ConQuest 2017 in partnership with NUJS
East Regional Round of ConQuest 2017 in partnership with NUJS: India’s only national level quiz on Indian Constitution, Politics and history.
The Transgender Welfare Development Board, West Bengal – A Wasted Potential
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
Beyond Male/Female – Reflections on the Transgender Bill
On December 14-15, 2016, the Centre for Law and Policy Research (CLPR) organised ‘Transform: A…
CADIndia Version 2: What’s new?
Centre for Law and Policy Research’s (CLPR) CADIndia website has undergone significant changes and improvements over the past year.
Humane Society’s International Animal Protection PIL Competition 2017
CLPR is proud to support India’s first edition of the Humane Society’s International Animal Protection PIL Competition, organised by NLSIU.
Results of Transform Essay Competition 2016
The Centre for Law and Policy Research is pleased to announce the winners of…
Day 12: Arguments before the Karnataka HC on validity of Health Warnings for Tobacco Product Packaging
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.
Day 14: Arguments before the Karnataka HC on validity of Health Warnings for Tobacco Product Packaging
The Counsel argued that the Preamble to the COTPA indicates the intention to enact a comprehensive law to prohibit the advertising of tobacco products and does not contemplate any prohibition on the sale of tobacco products.
Day 13: Arguments before the Karnataka HC on validity of Health Warnings for Tobacco Product Packaging
In continuation of the arguments on behalf of the bidi manufacturers, Mr. Raghavan sought to argue that for bidi manufacturers, it was impossible and impracticable to comply with the 2014 amendment rules and to that extent, these rules were violative of his right to trade and business guaranteed under Article 19(1)(g) of the Constitution.
TransForm: Essay Competition on Transgender Rights and Law
CLPR invites students to submit an essay on the topic “Taking Transgender Rights Seriously: Making Authentic Lives Possible”.
Violence that is Not Gender Neutral
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)
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
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
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
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.
Policy Advocacy supported by the Tobacco Free Kids International Grant
CLPR has engaged in research, policy advocacy and litigation in the field of tobacco control…
Day 11: Arguments before the Karnataka HC on validity of Health Warnings for Tobacco Product Packaging
Today, the Counsel for the Tobacco Institute of India commenced his arguments. He mainly argued that there was lack of adherence to pre-consultative and procedural processes for bringing the impugned Rules into force.
Day 10: Arguments before the Karnataka HC on validity of Health Warnings for Tobacco Product Packaging
Day 10 saw the Counsel for the Tobacco Institute of India continue his arguments, challenging the 2014 Amendment Rules as being arbitrary and ultra vires the parent Act.
ConQuest 2016: First Edition of India’s Premiere National quiz on the Indian Constitution, History and Politics
ConQuest 2016 was organised between July and August 2016. South Regional Round:…
Day 9: Arguments before the Karnataka HC on validity of Health Warnings for Tobacco Product Packaging
On Day 9, the Counsel for the Tobacco Institute of India continued his arguments. The arguments focused on the 2014 Rules. Citing Rule 3(1)(b) juxtaposed with Section 7(4) read with Section 20 of COTPA, the Counsel argued that the Rules had the effect of amending Section 7(4).
Day 8: Arguments before the Karnataka HC on validity of Health Warnings for Tobacco Product Packaging
On Day 8, the Counsel for the Tobacco Institute of India continued with his submissions. He indicated, at first, that an independent argument would be made by the Petitioners for the Beedi Manufacturers Association, on Article 19 (1) (g), relating to the freedom of trade.
Day 7: Arguments before the Karnataka HC on validity of Health Warnings for Tobacco Product Packaging
Day 7 saw the continuation of arguments by the Counsel for the Tobacco Institute of India, which focused on Article 21 and whether the 2014 Rules exceed its mandate as against the provisions of the parent Act, namely COTPA.
Day 6: Arguments before the Karnataka HC on validity of Health Warnings for Tobacco Product Packaging
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
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
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 4: Arguments before the Karnataka HC on validity of Health Warnings for Tobacco Product Packaging
The main arguments made today were that the packaging and labeling rules of 2008 and the 2014 amendments to these rules are ultra vires Article 19(1)(a), which guarantees free speech and Article 19(1)(g), which guarantees the right to freedom of trade.
Day 1- Arguments Before the Karnataka High Court on Validity of Health Warnings for Tobacco Product Packaging
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
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
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
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.
Transgender Persons (Protection of Rights) Bill 2016 – Comment
Introduction The Transgender Persons (Protection of Rights) Bill 2016 was drafted by the Ministry of…
CLPR Comments on the Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill, 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
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
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
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
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
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.
‘Working a Democratic Constitution: The Indian Experience – a Textual and Contextual Overview’
The Centre for Law and Policy Research is making a presentation at ‘Working a Democratic Constitution:…
Child Labour, Criminalization and the Indian Constituent Assembly
This article takes a close look at the Constituent Assembly of India’s engagement with child labour during the making of the Indian Constitution.
Report on the 9th Annual NLSIR Symposium
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).
Panel Discussion on the CADIndia website and Constituent Assembly Debates
The Constitution of India adopted on January 26, 1950, is the result of detailed discussions…
Panel Discussion on Diversity, Identity and the Law
This post is authored by Aishwarya Suresh Nair, IIIrd Year Student of the National Law Institute University, Bhopal. She is currently interning with CLPR.
Special Leave Petitions and the Constituent Assembly Debates
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.
Constitutional and Civic Citizenship Project Phase II
The CADIndia website will have 80% of the debates by the end of this year for students, lawyers, journalists, and other interested citizens to productively engage with.
CLPR’s National Level Quiz On the Indian Constitution
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
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.
Report on ‘Constituent Assembly Debates in Contemporary times’
The launch event consisted of a discussion around ‘Constituent Assembly Debates in Contemporary Times’. Vineeth Krishna, Research Consultant/Associate Editor, at the Centre for Law and Policy Research, has written a detailed report on the discussion.
Republic Day Celebration 2016: Launch of CLPR’s CADIndia website
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
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.
Time to Phase Out Tobacco Subsidies
By Aparna Ravi and Apurba Kundu When it comes to tobacco control in India,…
Defending the Right to Defend: Pressures on the Jadgalpur Legal Aid Group
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.
Note on the Karnataka Hookah Bar judgement in Diamond Enterprises v. State of Karnataka
In the judgment of Diamond Enterprises vs. State of Karnataka, dated September 9, 2015, the High…
Courts and Women’s Rights in India in 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.
CLPR Occasional Talks #11 | Vikram Raghavan on ‘Granville Austin and the Making of India’s Constitution’
Vikram Raghavan’s talk was geared to resonate with diverse audiences. For the layman, the talk would have given him/her a useful and exciting nudge into exploring the history of the Indian constitution. For lawyers and academics already familiar with Cornerstone, unknown biographical details of Austin Granville was a treat
CADIndia website
The Constitutional and Civic Citizenship Project seeks to enhance public awareness and critical engagement with…
India’s Compliance with Article 5.3 of the Framework Convention on Tobacco Control (FCTC)
India currently does not have any specific laws for the implementation of Article 5.3 of the Framework Convention on Tobacco Control, which deals with the protection of public health policies with respect to tobacco control, from commercial and other vested interest of the tobacco industry.
Justiciability of the Right to Education – A Conference in Collaboration with the Legal Resources Centre
CLPR in collaboration with The Legal Resource Centre, South Africa hosted a two day conference…
Nuclear Suppliers’ Liability and the Attempt to Dilute Section 46
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
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
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
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
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
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.
Identifying Gender: Thoughts on Implementation of the NALSA judgment
The National Legal Services Authority v Union of India has the potential to play a…
Constitutionality of the RTE Act: CLPR at the Supreme Court
In a second round of litigation in the Supreme Court around the Right of Children to…
Jurisdiction of Civil Courts and Family Courts under the Domestic Violence Act
Written by CLPR intern Pratichi Mishra, a final year student at NLU-Delhi. Despite the Protection…
Chitra Balakrishnan’s Talk on Understanding Gender and Judging through Residence Orders
On the 8th of November 2013, CLPR hosted Chitra Balakrishnan who presented her research paper titled “Understanding gender and judging through residence orders in Karnataka Trial Courts – A discourse analysis”.
Chitra Balakrishnan’s Talk on Understanding Gender and Judging through Residence Orders
Her research seeks to answer three main questions: Are judges in the lower courts in India making reasoned feminists judgments? Can the Hunter framework apply to trial court orders? What are the additional criteria one needs to look at to call a judgment feminist?
CLPR calls upon India to protect Privacy against unchecked Internet Surveillance
CLPR has endorsed a set of international principles against unchecked surveillance. The 13 Principles set out for the first time an evaluative framework for assessing surveillance practices in the context of international human rights obligations.
The Central Monitoring System (CMS) and the International Principles on the Application of Human Rights to Communications Surveillance
The Central Monitoring System (CMS) project of India, which was designed to allow the government…
Prof. Bhullar’s death penalty: Executing the mentally ill
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?
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
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.
Prof. Moog’s Talk on Consumer Courts and Access to Justice
On 5th of June, 2013, Robert Moog presented a paper titled “India’s Consumer Forums: Access and Justice for…
Karnataka HC passes interim order in Consumer Law PIL
The Karnataka High Court passed an Interim Order directing the State to fill up of vacancies in consumer forums in Karnataka.
German national hopes to find her biological mother
Police asked to help her, she suspects she was a child trafficking’s victim Chaya…
Karnataka HC recognises the adoptee’s right to know the identity of their birth mother
Karnataka HC recognises the adoptee’s right to know the identity of their birth mother.
Legal Framework for Inclusion- Talk given at Karnataka Annual CSR Summit on 05 March 2013
The definition of Corporate Social Responsibility (CSR) continues to evolve over time. While ideas like diversity, inclusion…
Gender Justice and India’s Obligations Under International Conventions
A brief of the most important international rules in the matter of male/female equality.
Sexual Harassment at the Workplace in the view of the Justice Verma Commitee
In the Vishakha Judgment the petitioner sought to enforce the fundamental rights of working women. The said…
“A promise is a promise: Time for action to end violence against women” – IWD, 2013
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
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.
Different Sexual Orientation (Justice Verma Committee Report)
The Justice Verma Committee has attempted to explain how different sexual orientations have been historically…
Justice Verma Commitee Report: A manifesto of change
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
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.
HC grants interim stay on the Upper Bhadra Project (CLPR Litigation)
The High Court of Karnataka today granted an interim stay in a petition filed against the…
Conference: Africa Regional Capacity Building Workshop on Nagoya Protocol
CLPR was invited to attend the recent “Africa Regional Capacity Building Workshop on Nagoya Protocol on…
Seminar Magazine: The Supreme Court on 2G: signal and noise
Volume No. 642 of ‘Seminar’ published in February 2013, featured an article “The Supreme Court on…
Karnataka High Court issues notice on vacancies in Consumer Forums
The Karnataka High Court has issued notice to the State government, Department of Food, Civil…
The Economic Times: Why the Supreme Court is not the Bulwark of the Constitution it is made out to be
Sudhir Krishnaswamy from CLPR and Abhayraj Naik from the Law, Governance and Development Initiative of the Azim Premji University,…
Hoping for change: What might the Justice Verma Committee say?
January 5, 2013 must have been a busy Saturday for the members of the Justice…
Free Speech or Public Interest Regulation: Framing the debate on Internet Governance
The internet governance caravan has merrily travelled from Baku to Dubai this week. However, the…
Employment Rights of Disabled Persons in Karnataka
The Karnataka High Court vide its interim order dated 02.08.2012 has in a significant move ordered the Government of Karnataka to review its list of posts identified for persons with disabilities.
The Mental Health Care Bill 2012: An Overview
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.
Free speech in telecommunications: the legality of regulatory restrictions on SMSes
A division bench of the Delhi High Court in Telecom Watchdog v Union of India &…
Lok Sabha passes the Sexual Harassment at Workplace Bill
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.
Book Release cum Discussion: Future of Disability Law
The Oxford University Press in collaboration with the Centre for Law and Policy Research is holding a book release cum…
Karnataka High Court sets up a Judicial Committee for Juveniles
Earlier this year, Chief Justice Vikramajit Sen and Justice B.V. Nagarathna suo moto initiated a public interest…
Making Nepal’s Constitution
Those following the recent controversies on the Ambedkar cartoon on constitution making in India should take notice…
GNI Report on Digital Freedoms in International Law
The Global Network Initiative released a Report on Digital Freedoms in International Law earlier this week. The…
Copyright, Culture, Media and Identity
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.
International Conference on Law, Governance and Development Indian Legal System Reform: Empirical Baselines and Normative Frameworks
Azim Premji University is organising its First Conference on Law, Governance and Development on 18th and 19th May. Sudhir Krishnaswamy will speak in the introductory session on the themes in Legal System Reform. Jayna Kothari will participate as a speaker in the Panel on Criminal Justice Reforms.
Laying the Foundations of a Solidaristic Welfare State: The Supreme Court on the Right to Education
On April 12 2012, the Supreme Court in Society for Unaided Private Schools of Rajasthan v…
Internet Rights, Accessibility, Regulation & Ethics
Digital Empowerment Foundation and Association for Progressive Communications are organising a National Consultative Workshop on Internet Rights,…
Seminar – Constitutional protection of social rights: Comparative perspectives
Sudhir Krishnaswamy and Jayna Kothari are participating in a Seminar on Constitutional Protection of Social Rights: Comparative Perspectives organised by…
CLPR at workshop on Media Policy & Law
The Centre for Culture, Media and Governance of Jamia Millia Islamia, New Delhi and Alternative Law Forum. Bangalore organised a workshop…
Discussion on the Intermediary Rules
The Centre for Internet and Society and the Foundation for Media Professionals held an open discussion on ‘Resisting Internet Censorship: Strategies for Furthering Freedom of Expression in India‘…
Discussion: Resisting Internet Censorship
The Centre for Internet and Society and the Foundation for Media Professionals are organising a discussion on ‘Resisting Internet Censorship: Strategies…
Horizontal Application of Social Rights: The Supreme Court decision on the Right to Education
A Full Bench of the Supreme Court of India delivered the long awaited judgment on the constitutionality…
Researching Vocational Training in India
As part of its labour law research initiative, CLPR is analysing laws and policies that…
Towards compliance – The Nagoya Protocol and the Biological Diversity Act
India enacted the Biological Diversity Act, 2002 in furtherance of its obligations under the Convention on Biological Diversity,…
Post – CRPD development of the principle of “Reasonable Accommodation”
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.
CLPR intervenes in the Supreme Court on behalf of APF in the Right to Education matter
CLPR represented Azim Premji Foundation as an intervenor in the proceedings before the Supreme Court.
High Court Upholds Visually Impaired Candidate’s Right to Seek Admission in BEd Course
CLPR represented Manjunatha, a person with 100% visual impairment, in a petition before the Karnataka High Court which required the Court to determine the education rights of persons with disabilities.
Karnataka High Court Supports Employment Rights of the Visually Challenged
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
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.
Knowledge Dissemination through Journal Publications: Panel Discussion on Copyright Issues in Academic Publications
The Total Quality Management System of Christ University organized a ‘National Conference on Knowledge Dissemination through Journal Publications’ on…