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.
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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.
At CLPR we focus on addressing discrimination at the intersections of caste, gender, sexuality,…
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).
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”.
Centre for Law and Policy Research, Bangalore (CLPR) is a not-for-profit dedicated to making…
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)
The Centre for Law and Policy Research (CLPR) is a not-for-profit organization dedicated to…
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.
Image only for representational purpose In this series of blogs, we have been exploring…
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.
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.
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.
The Centre for Law and Policy Research (CLPR) is excited to announce the 5th edition of…
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.
E D I T O R I A L We are still in…
Image Source: Wikimedia commons; Image only for representation purpose In the last post,…
The Centre for Law and Policy Research (CLPR) is a not-for-profit organization dedicated to…
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.
In our last post, we discussed the use of a predictive scoring algorithm in the…
Online harassment has become remarkably routine, particularly for communities based on gender, caste, sexual orientation…
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).
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.
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.
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.
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.
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?
The Centre for Law and Policy Research (CLPR) is a not-for-profit organization dedicated…
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
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.
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%?
We are looking to engage a Court Reporter for CLPR’s Supreme Court Observer (SCO) initiative.
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.
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.
CLPR is looking to engage Quiz Consultant for the fifth edition of ConQuest as a part of…
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.
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.
The political and legal development of LGBTQ+ rights in Nepal has been the result…
By all accounts, we are in the midst of an ‘information revolution’. Like technological revolutions…
The Centre for Law and Policy Research (CLPR) is a not-for-profit organization dedicated to…
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.
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.
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.
The CLPR Broadcast (June 2020): Covering all important developments from CLPR, CAD India and SCObserver.
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.
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.
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.
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.
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.
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.
The CLPR Broadcast (May 2020): Covering all important developments from CLPR, CAD India and SCObserver.
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.
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.
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.
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.
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.
The CLPR Broadcast (April 2020): Covering all important developments from CLPR, CAD India and SCObserver.
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.
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.
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.
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.
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.
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).
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.
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.
In Part I, we looked at the Women’s Indian Association’s (WIA) involvement in constitutional negotiations with the British in the late 1910s. The WIA vociferously demanded equal voting rights for women – but the British did not budge. During this time, Indian leaders were also demanding measures for greater levels of self-government. These too, the British dismissed. Indian legislators across the country were becoming restless.
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.
The CLPR Broadcast (March 2020): Covering all important developments from CLPR, CAD India and SCObserver.
Unlike the American constitutional founding – spearheaded by men, the Indian Constituent Assembly, that drafted the Indian Constitution, comprised women. Until recently, public memory had discarded the contribution or even the presence of these women. But what about the period before the formal constitution-making process?
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!
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.
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?
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.
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.
The Centre for Law and Policy Research (CLPR) is a not-for-profit organization dedicated to making…
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.
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”.
The Centre for Law and Policy Research (CLPR) is a not-for-profit organization dedicated to making…
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.
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.
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.
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.
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’ 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.
The Centre for Law and Policy Research, Bangalore (CLPR) is a not-for-profit dedicated to making…
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?
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.
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.
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.
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.
The Centre for Law and Policy Research is pleased to announce the winners of the…
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 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.
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.
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.
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.
– Aadhirai S, Deekshitha Ganesan and Jayna Kothari India has a robust Constitution and…
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.
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.
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.
The Centre for Law and Policy Research, Bangalore (CLPR) is a not-for-profit organisation, dedicated to…
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.
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.
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 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.
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.
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.
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.
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.
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.
The Centre for Law and Policy Research, Bangalore (CLPR) is a not-for-profit dedicated to making…
Date: April 14th – April 15th 2019 Venue: Bangalore International Centre (BIC) C.A Site No.7, 4th…
CLPR is looking to engage Quiz Consultant for the fourth edition of ConQuest as a…
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.
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.
The Bangalore Chapter of the National Constitution Society hosted a film screening and discussion on…
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.
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.
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.
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.
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.
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.
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.
From 18th February to 2nd March, we are conducting a two-week ‘Induction Programme’ for…
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!
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.
On 9th February 2019, Honourable Dr. Justice DY Chandrachud was in conversation with CLPR Executive…
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.
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.
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.
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.
The Centre for Law and Policy Research (CLPR) in collaboration with the Praja Foundation organised…
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.
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.
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 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.
On 16th January 2019, the NLSIU Chapter of the National Constitution Society (NCS) organised an…
Amisha Pareek, Board Member of National Constitution Society, reports on CLPR’s workshop on Constitutional History and Freedom of Speech.
CLPR requires maintenance and development services for CADIndia and SCObserver websites as part of the Constitutional and Civic Citizenship Project.
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.
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.
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.
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.
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.
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 Centre for Law…
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.
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.
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.
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.
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.
On 23rd November, the Centre for Law and Policy Research (CLPR) will organize the First National Constitution…
NCS Convention 2018 | Prompt 2 for Student Delegates of the National Constitution Society Convention. Aditya Nigam’s ‘For a Radical Social Democracy’
(Mathew Idiculla gave a talk on 12th November 2018 at UTC on the 74th Amendment…
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?’
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.
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.
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
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.
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.
The Centre for Law and Policy Research (CLPR) invites you to apply to be a…
CLPR requires brand identity and website design for National Constitution Society (“NCS”) website as part of the…
CLPR requires maintenance and development services for National Constitution Society (“NCS”) website as part of the…
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].
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 took place in the month of September. North Regional Round: …
Centre for Law and Policy Research (CLPR) is a not-for-profit organization dedicated to making the…
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.
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.
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.
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.
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.
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.
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.
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.
CLPR: The Centre for Law and Policy Research has recently taken up a new project…
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.
CLPR: The reflections of CLPR’s student journalist, Karthik Venkatesh, on the Transform Conference was published. SCO:…
Marking the fourth anniversary of the NALSA judgment recognizing the right to self-identify one’s gender,…
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.
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.
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.
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.
As a debater, I’ve been exposed to stories of transgender people, and have spoken on…
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
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: our coverage of the SC review of the SC/ST Act, of the Aadhaar and Ayodhya cases, and the original Constitution of India.
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.
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.
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.
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.
CLPR: Students from St.Joseph’s College of Law attended a workshop on Religion and Personal Lawsthat delved…
This past Saturday (24.03.2018) CLPR organized a workshop ‘Religion and Personal Laws’ at St. Joseph’s…
Last week at CLPR: CLPR: On International Women’s Day 2018 (6th March) the United Nations…
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″ 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.
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.
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: CLPR: Several CSO’s have filed Writ petitions in the Karnataka…
In the Last Week at CLPR, CADIndia: Assembly Member of the week: This week…
Last Week at CLPR: CADIndia: Assembly Member of the Week: 17th February 1968 is the birthday…
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: CLPR: On 9th Feb 2018 the Karnataka High Court stayed all proceedings with…
Last week at CLPR: CLPR: Matthew Idiculla writes in The Hindu on the Jan 21st decision by…
Last week at CLPR, we designed and conducted numerous activities to celebrate India’s Republic Day.
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, 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-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.
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.
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 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 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).
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 saw an analysis on Gujarat Shrine Supreme Court verdict, reports on the Special Status of Delhi case and posts on Constitution Making.
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.
On October 27, 2017, the Karnataka Government introduced a State Policy for Transgender Persons, a…
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.
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 – a round-up of the analyses, research and reporting in the week 29th Oct-4th Nov.
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.
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”.
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.
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.
The term intersex refers to a variety of anatomical conditions where a person is born…
The festive season made the last week at CLPR a short week. The Supreme Court was also closed for the whole week.
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.
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.
CLPR has launched a number transgender rights initiatives this year. In this podcast, Aashima Panikar…
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.
Disha Chaudhary and Kruthika R, associates working with CLPR discuss the positive and negative aspects of the Mental HealthCare Act, 2017 (“Act”).
The transgender community remains one of the most marginalized communities, discriminated against on a daily…
As a part of CLPR Occassional Talks, CLPR hosted TransRights Activist Jessica Lynn on 27th September…
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.
In the previous post, we briefly looked at the possible outcomes of a ‘first production’ at…
Podcast on CLPR’s interventions against Child Marriage. Learn about our research into, and litigation against, Child Marriage and Marital Rape Exception.
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 was organised between August and September 2017. East Regional Round: …
The Centre for Law and Policy Research is offering an elective course this…
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.
The National Finals of ConQuest 2017 was held on 1st September 2017 at the School of…
The west regional round of ConQuest 2017 was held in the campus of our regional…
The north regional round of ConQuest 2017 was held in the campus of our regional…
Who can participate? This year the quiz is open to senior high school students…
The Bangalore International Centre organized a panel discussion on “Communal Violence- A New Phase” on…
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.
The South Regional Round of ConQuest 2017 was held on 11th August 2017 in the campus…
Ms.Kothari posited that the expansion of locus standi gave marginalised groups wider access to courts. She agreed with Mr. Bhuwania that with the enlargement of the role of amicus curiae, the procedural norms of fair hearing were put at risk. Thus the expanded powers of the Supreme Court were a product of “ad-hoc-ism” under Articles 32 and 226. While acknowledging the informal nature of the PIL process Ms. Kothari was positive that the courts could play a role in social transformation through Social Action Litigation (SAL). Mr.Bhuwania in response declared that the citizenry had a “schizophrenic view” of the judiciary, wherein the Supreme Court and High Courts in India were viewed as the ultimate solvers of issues while the lower courts were only expected to solve petty issues. He stressed the fact that the blurred division between representative standing and citizen standing led to PILs being filed on inconsequential grounds.
The East Regional Round of ConQuest 2017 was held on the campus of our East…
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.
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 of ConQuest 2017 in partnership with NUJS: India’s only national level quiz on Indian Constitution, Politics and history.
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
On December 14-15, 2016, the Centre for Law and Policy Research (CLPR) organised ‘Transform: A…
Centre for Law and Policy Research’s (CLPR) CADIndia website has undergone significant changes and improvements over the past year.
CLPR is proud to support India’s first edition of the Humane Society’s International Animal Protection PIL Competition, organised by NLSIU.
The Centre for Law and Policy Research is pleased to announce the winners of…
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.
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.
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.
CLPR invites students to submit an essay on the topic “Taking Transgender Rights Seriously: Making Authentic Lives Possible”.
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.
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:
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.
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.
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.
CLPR has engaged in research, policy advocacy and litigation in the field of tobacco control…
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 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 was organised between July and August 2016. South Regional Round:…
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).
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 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.
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”.
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.
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.
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.
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.
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.’
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.
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.
Introduction The Transgender Persons (Protection of Rights) Bill 2016 was drafted by the Ministry of…
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.
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.
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.
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.
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.
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.
The Centre for Law and Policy Research is making a presentation at ‘Working a Democratic Constitution:…
This article takes a close look at the Constituent Assembly of India’s engagement with child labour during the making of the Indian Constitution.
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).
The Constitution of India adopted on January 26, 1950, is the result of detailed discussions…
This post is authored by Aishwarya Suresh Nair, IIIrd Year Student of the National Law Institute University, Bhopal. She is currently interning with CLPR.
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.
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.
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.
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.
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.
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 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.
By Aparna Ravi and Apurba Kundu When it comes to tobacco control in India,…
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.
In the judgment of Diamond Enterprises vs. State of Karnataka, dated September 9, 2015, the High…
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.
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
The Constitutional and Civic Citizenship Project seeks to enhance public awareness and critical engagement with…
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.
CLPR in collaboration with The Legal Resource Centre, South Africa hosted a two day conference…
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.
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:
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.
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”.
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.
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.
The National Legal Services Authority v Union of India has the potential to play a…
In a second round of litigation in the Supreme Court around the Right of Children to…
Written by CLPR intern Pratichi Mishra, a final year student at NLU-Delhi. Despite the Protection…
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”.
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 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) project of India, which was designed to allow the government…
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.
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.
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.
On 5th of June, 2013, Robert Moog presented a paper titled “India’s Consumer Forums: Access and Justice for…
The Karnataka High Court passed an Interim Order directing the State to fill up of vacancies in consumer forums in Karnataka.
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.
The definition of Corporate Social Responsibility (CSR) continues to evolve over time. While ideas like diversity, inclusion…
A brief of the most important international rules in the matter of male/female equality.
In the Vishakha Judgment the petitioner sought to enforce the fundamental rights of working women. The said…
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.
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.
The Justice Verma Committee has attempted to explain how different sexual orientations have been historically…
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.
The definition of Corporate Social Responsibility (CSR) continues to evolve over time. While ideas like diversity, inclusion and affirmative action have evolved in the West, they are at a relatively nascent stage in India. On the other hand, India is charting fairly unexplored territory with the proposal to make CSR spending mandatory. This summit brought together leaders in CSR, Disability and Affirmative Action from diverse organizations on a platform and help attendees gain actionable insights on how their organizations can weave CSR initiatives in the very fabric of business and nurture holistic and sustainable social development.
The High Court of Karnataka today granted an interim stay in a petition filed against the…
CLPR was invited to attend the recent “Africa Regional Capacity Building Workshop on Nagoya Protocol on…
Volume No. 642 of ‘Seminar’ published in February 2013, featured an article “The Supreme Court on…
The Karnataka High Court has issued notice to the State government, Department of Food, Civil…
Sudhir Krishnaswamy from CLPR and Abhayraj Naik from the Law, Governance and Development Initiative of the Azim Premji University,…
January 5, 2013 must have been a busy Saturday for the members of the Justice…
The internet governance caravan has merrily travelled from Baku to Dubai this week. However, the…
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.
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.
A division bench of the Delhi High Court in Telecom Watchdog v Union of India &…
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.
The Oxford University Press in collaboration with the Centre for Law and Policy Research is holding a book release cum…
Earlier this year, Chief Justice Vikramajit Sen and Justice B.V. Nagarathna suo moto initiated a public interest…
Those following the recent controversies on the Ambedkar cartoon on constitution making in India should take notice…
The Global Network Initiative released a Report on Digital Freedoms in International Law earlier this week. The…
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.
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.
On April 12 2012, the Supreme Court in Society for Unaided Private Schools of Rajasthan v…
Digital Empowerment Foundation and Association for Progressive Communications are organising a National Consultative Workshop on Internet Rights,…
Sudhir Krishnaswamy and Jayna Kothari are participating in a Seminar on Constitutional Protection of Social Rights: Comparative Perspectives organised by…
The Centre for Culture, Media and Governance of Jamia Millia Islamia, New Delhi and Alternative Law Forum. Bangalore organised a workshop…
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‘…
The Centre for Internet and Society and the Foundation for Media Professionals are organising a discussion on ‘Resisting Internet Censorship: Strategies…
A Full Bench of the Supreme Court of India delivered the long awaited judgment on the constitutionality…
As part of its labour law research initiative, CLPR is analysing laws and policies that…
India enacted the Biological Diversity Act, 2002 in furtherance of its obligations under the Convention on Biological Diversity,…
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 represented Azim Premji Foundation as an intervenor in the proceedings before the Supreme Court.
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.
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.
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.
The Total Quality Management System of Christ University organized a ‘National Conference on Knowledge Dissemination through Journal Publications’ on…