Despite progress, the fight to protect women in the workplace continues. Alexander Blitzer writes on the ambiguities in the law and incomplete implementation of the POSH Act and underscores the urgent need for cohesive action.
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The Marriage Equality Judgment and What It Entails for The Queer Community
In a landmark ruling, the Supreme Court of India has delivered its judgment on the…
The Role of Language in Shaping a Gender-Neutral World
Language is a structured system of communication, with the potential to not only shape…
A Queer-Trans Critique on Marriage Equality in India
On 14th December, the Supreme Court asked the Union to respond to a plea by an Indian and…
Gender in the Classroom
Gender is a construct created to differentiate between males and females based on a set…
The Impact of Representation in the Media for Young Queer People
Positive portrayals of queer characters in the media can be instrumental in how young queer people view themselves and the world around them. This blog explores the importance of queer representation and the adverse impact of negative representation in an Indian context.
The Right to Sex Education in Schools
Sex education plays a crucial role in how we view consent. This is especially important in a country like India whose culture and legal system have historically normalised sexual violence, and where victim blaming is prevalent. In this blogpost, Nayantara discusses the necessity of a culturally sensitive sex-ed curriculum and the positive impact that it could have on students.
School Policies on Gender and Sexuality
While there have some been some legal developments regarding LGBTQI+ rights in India, we are miles away in terms of societal acceptance. The first step towards this goal is for awareness and sensitisation to start in schools. In this blog, Nayantara interviews students and a teacher of Mallya Aditi International School, Bangalore, to discuss how the school deals with issues relating to gender and sexuality, and the way forward.
A Woman’s Right to Shared Household under the Protection of Women from Domestic Violence Act, 2005
This blog throws light on how the Supreme Court of India has gradually expanded the concept of ‘right to shared household’ under the Protection of Women from Domestic Violence Act 2005 (the DV Act) to include widowed daughters-in-law through purposive interpretation of the DV Act.
An Analysis of Indian Supreme Court Judgments on Honour Crimes
In this blog, Sriraksha, CLPR Litigation Associate, traces Supreme Court judgments on crimes committed in the name of honour. She highlights why a comprehensive legal framework is the need of the hour to protect the right of an individual to choose their own partner.
Implications of the Recent Supreme Court Order on Sex Work
On the night of 17th September 1999, Budhadev Karmaskar entered a brothel on Jogen Dutta Lane in Calcutta. He then proceeded to violently attack and kill a sex worker. A trial Court convicted him under Section 302 of IPC to life imprisonment and the High Court of Calcutta upheld this conviction. When this case of murder eventually reached the Supreme Court as Budhadev Karmaskar v State of West Bengal in 2011, the Apex Court not only dismissed Karmaskar’s appeal against the conviction, but invoked Article 21 of the Constitution to assert that sex workers too had a right to a life of dignity.
The Pervasive Reluctance to Criminalise Marital Rape
Earlier this year, the Delhi High Court began hearing petitions challenging the constitutionality of the marital rape exception to section 375 of the Indian Penal Code. The conscious leaving out of marital rape from criminalization via the country’s rape law has effectively ensured that rape within marriage is legal or more precisely – rape within marriage does not exist. This blog post attempts to capture the arguments in favor of removing this exception to marital rape.
Non-Heteronormative Ideas of Love and Family in India
In India, the idea of marriage is associated with several patriarchal rituals/norms which act as an institution to strengthen existing norms. Upholding a traditional family structure and therefore, the perpetuation of heterosexual normativity is still prevalent. The existence of ‘honor killing’ shows that any deviance is met with dire consequences.
CLPR @BIC HUB’BA
Centre for Law and Policy Research engaged with Bangaloreans at the BIC Hub’ba 2022 on 26-27th February from 12 pm to 6 pm. BIC Hub’ba was an event hosted by the Bangalore International Centre to bring together and showcase the work of local NGOs.
CLPR Broadcast | October 2021
The CLPR Broadcast (October 2021): Covering all important developments from CLPR and ConstitutionofIndia.net.
CLPR Broadcast | August 2021
The CLPR Broadcast (August 2021): Covering all important developments from CLPR and ConstitutionofIndia.net.
Disquiet Over the New Anti-Trafficking Bill Remains
The monsoon session of parliament is likely to witness the tabling of the Trafficking in Persons (Prevention, Care and Rehabilitation) Bill, 2021 which proposes a common statute that would bring into its ambit all forms of human trafficking including sexual exploitation, indentured labour, slavery, sexual servitude and organ trade. Despite the new Bill expanding the scope and territorial jurisdiction of offences, provisions of the new Bill remain worrisome especially to sex workers in India.
When Voluntary Sterilisation is Coerced
A day before World Population Day, on 10 July, the Uttar Pradesh Government announced a draft of the Uttar Pradesh Population (Control, Stabilization and Welfare) Bill, 2021 (Bill). The Bill has triggered widespread controversy.
Blog Post Submission Policy & Guidelines
CLPR welcomes original contributions which provide high-quality analysis of recent constitutional law and human rights developments in India and across the globe, including case law, current litigation, legislation, policy-making, and activism.
Need for Reform in “Contested Divorce Cases”
Marriage and divorce in India are regulated by codified and uncodified personal laws. The Hindu Marriage Act, 1955 governs marriage and divorce between Hindus. However, the legal framework governing the marriage and divorce between members of the Scheduled Tribes community has been unclear.
CLPR Broadcast | March 2021
The CLPR Broadcast (March 2021): Covering all important developments from CLPR and ConstitutionofIndia.net.
Conversations on Equality, Gender Identity, and Anti-Discrimination at Church Street
On 21st February 2021, the Centre for Law and Policy Research (CLPR) set up a ‘Social Justice Café,’ with equal rights on the menu, at Church Street, Bengaluru from 2:00 P.M. to 6:00 P.M. The Sunday Church Street frolickers were treated to two parts of the event: Activities designed to raise awareness on transgender rights, right to Equality, and prohibition of discrimination based on race, caste, sex, and religion; and discussion with an esteemed panel of Jayna Kothari, Arvind Narayan, and Sanjay Kabir Bavikatte.
Gender-Based Discrimination in Property Rights
Even though these laws and precedents recognise women’s right to a fair share of the property, in reality, this right is being denied due to various social, cultural, and institutional reasons
Not a Man’s Protest: Women and the New Farm Laws
On 11th January, while hearing a case related to the controversial farm laws, the Chief Justice of India said ‘At some time, we might say in the order that old people and women need not be there in the protests… tell them that the Chief Justice of India wants them (old people and women) to go back.’ The farm laws had triggered a wave of protests across the country, especially in Punjab and Haryana. A large number of women are participants in this protest. As per the Agriculture Census, 73.2% of rural women workers are farmers, and they would be directly impacted by the farm laws.
Transforming Futures: A Report on Transform 2020
TransForm is CLPR’s flagship annual conference to discuss debates on emerging issues on transgender rights and this year it was held on 5th and 6th December 2020.
Results of Transform Essay Competition 2020
The Centre for Law and Policy Research is happy to announce the winners of…
Women Voters and the Bihar Elections
The public discourse around elections in India has very rarely seen women being treated as a crucial constituency. While pre-poll conversations seem to be monopolised by issues around caste, religion, and other issues, women related concerns are often left out.
CLPR Broadcast|June 2020
The CLPR Broadcast (June 2020): Covering all important developments from CLPR, CAD India and SCObserver.
Medical Termination of Pregnancy (Amendment) Bill 2020
The lower house of the Parliament passed the Medical Termination of Pregnancy (Amendment) Bill 2020 (hereafter Bill) in the current budget session on March 17, 2020. This bill amends the earlier Medical Termination of Pregnancy Act 1971. Some key features of the new Bill include: Extension of the gestation period for termination of pregnancy from 20 weeks to 24 weeks, directions to constitute a Medical Board in every State and protecting the privacy of women whose pregnancy has been terminated.
Equality Bill 2019 | May 15th Consultation
On 15th May, we organised a consultation on our Equality Bill 2019 (“Bill”) in Hyderabad. The CLPR team presented the provisions of the Bill and sought suggestions, inputs and feedback from the participants, which included various academics and members of civil society organisations working with marginalised groups. This blog post presents the key points of the consultation.
Sexual and Reproductive Rights in India: Social Movements and Legal Battles – DAY 2
On April 14th and 15th, we hosted the ‘Sexual and Reproductive Rights: Social Movements and Legal Battles’ conference, in collaboration with the University of Bergen, Norway and the University of Sussex at the Bangalore International Centre (see the full agenda here). The conference aimed to bring together prominent activists, academics and lawyers to discuss important issues and approaches that have developed in sexual and reproductive rights (SRR) advocacy in India. One of the key objectives of the conference was to shed light on issues and marginalised communities that are at the margins of SRR discourse and action.This blog post presents the key points raised on day 2 of the conference.
Sexual and Reproductive Rights in India: Social Movements and Legal Battles – DAY 1
On April 14th and 15th, we hosted the ‘Sexual and Reproductive Rights: Social Movements and Legal Battles’ conference, in collaboration with the University of Bergen, Norway and the University of Sussex at the Bangalore International Centre (see the full agenda here). The conference aimed to bring together prominent activists, academics and lawyers to discuss important issues and approaches that have developed in sexual and reproductive rights (SRR) advocacy in India. One of the key objectives of the conference was to shed light on issues and marginalised communities that are at the margins of SRR discourse and action.This blog post presents the key points raised on day 1 of the conference.
Will death penalty stop child sexual abuse?
A town hall meeting was organized by CLPR, Alternative Law Forum, Amnesty India, CIEDS Collective, Enfold India, Hidden Pockets, PUCL, Prochild Coalition, Campaign Against Death Penalty for Child Rape and SICHREM on 5.5.2018 at the Jain University Auditorium.
Last Week at CLPR: 11th – 17th March 2018
Last week at CLPR: CLPR: On International Women’s Day 2018 (6th March) the United Nations…
Last Week at CLPR: 4th – 10th March 2018
Assembly Member of the Week: Prof. K. T. Shah was a prominent economist, advocate, and socialist. He passed away 55 years ago, in March, 1953. He was an active member of the Assembly and made several interventions on key issues. Shah argued for “secular, federal and socialist” to be inserted in Article 1 of the Constitution.
Release of Policy Brief: ‘Ending Impunity for Child Marriage in India’
On 10th February 2018, Centre for Law and Policy Research, Bangalore and Center for Reproductive Rights released the Policy Brief “Ending Impunity for Child Marriage in India: A Review of Normative and Implementation Gaps” at the Karnataka Judicial Academy. The Brief was released by Justice Ashok B. Hinchigeri (retd.) of Karnataka High Court, in the presence of District Judges, Magistrates and judicial officers, lawyers, representatives of Child Welfare Committees, and civil society groups. Nina Nayak, the former Chairperson of the Karnataka State Commission for Protection of Child Rights and a Child rights activist, and officials of the Department of Women and Child Development, Karnataka were also present.
Last Week at CLPR: 4th Feb – 10th Feb 2018
Last week at CLPR: CLPR: On 9th Feb 2018 the Karnataka High Court stayed all proceedings with…
Last Week at CLPR: 12th November– 18th November, 2017
Weekly roundup of the last week at CLPR. The Supreme Court verdict in the Child Marriage and Marital Rape case, Karnataka State Policy for Transgender Persons, Children’s Day and hearings in the Special Status for Delhi case were discussed this past week.
CLPR’s 4-part PODCAST series on the Uniform Civil Code in India
The first part of the 4-part podcast series examines the constitutional history of the UCC drawing from the Constituent Assembly Debates, which have been curated and annotated in CLPR’s CADindia website. The second part traces the judicial trajectory of the UCC by analyzing multiple landmark verdicts from the Supreme Court. The third part outlines the 3 phases when the political debates on this topic were at their most intense.
Last Week at CLPR : 23rd to 28th October, 2017
The last week at CLPR was a busy one with Courts resuming work post the Diwali Break and a variety of events being scheduled in the past week.
Last Week at CLPR: 15th-21st Oct 2017
The festive season made the last week at CLPR a short week. The Supreme Court was also closed for the whole week.
Press Conference on Supreme Court decision in Independent Thought v. Union of India
The Press Conference sought to spread awareness about the decision of the Hon’ble Supreme Court in Independent Thought v. Union of India and the implications of this decision.
Last Week at Centre for Law and Policy Research: 8th-14th Oct 2017
The Centre for Law and Policy Research encourages and facilitates civic engagement with India’s Constitution through the CADIndia project and Supreme Court Observer. CADIndia promotes an understanding of the Indian Constitution by enabling easy and intelligent access to the Constituent Assembly Debates and the Indian Constitution at the centre of discussions on contemporary political and economic issues. The SCObserver website endeavors to make the workings of the Supreme Court accessible and understandable to the citizenry by translating the hearings and judgments of a few constitutionally relevant cases into everyday language.
Supreme Court Holds Marital Exception Will Not Apply where Wife Below 18
In 2013, Independent Thought, a voluntary organisation involved with the issue of child rights approached the Supreme Court seeking a declaration that Exception 2 to Section 375 of the Indian Penal Code violates Articles 14, 15 and 21 of the Constitution to the extent that fixes a lower age of consent and permits forced sexual intercourse by the husband with a girl who is between the ages of 15 to 18. Consequently, on 28.08.2017, an application for Intervention was filed on behalf of the Child Rights Trust, a non-governmental organisation working to secure Every Right for Every Child. Advocate Jayna Kothari, Executive Director of the Centre for Law & Policy Research appeared and argued on behalf of the Child Rights Trust.
TISS and CRR Roundtable on Imprisoned Women’s Right to Safe Abortions
On 19.09.2016, a Division Bench of the High Court of Bombay delivered a landmark verdict in a suo motu Public Interest Litigation recognizing that imprisoned women, like other women, have the right to make choices with regard to motherhood and right to facilities to undergo safe abortions.
Podcast: CLPR’s interventions in the fight against Child Marriage in India
Podcast on CLPR’s interventions against Child Marriage. Learn about our research into, and litigation against, Child Marriage and Marital Rape Exception.
Child Marriage and Karnataka Amendments: Re-Engaging with the Debate on Voidability
Brototi Dutta of CLPR writes about the legal ramifications of making child marriages void, analysing the recent Karnataka State amendments to the Prohibition of Child Marriage Act
Violence that is Not Gender Neutral
With utmost respect to the Supreme Court, it is absolutely incorrect to state that domestic violence is gender-neutral. It is not. The world over, a vast majority of domestic violence is experienced by women at the hands of men. It is not a random event of violence but is a consequence and a cause of women’s inequality and is linked to the discrimination and devaluing of women. As per the National Crime Records Bureau, reported cases of domestic violence in India went up from 50,703 in 2003 to 1,18,866 in 2013. These are all cases of domestic violence against men. The U.K. Violent Crime and Sexual Offences study of 2011-2012 reported that 80 per cent of offenders in domestic or sexual violence were male.
CLPR Comments on the Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill, 2016
hile endorsing these criticisms of the draft bill, CLPR has in its comments to the Ministry, highlighted some additional points of concern and has suggested measures which could possibly strengthen the law. For instance, with regard to the enforcement mechanism, CLPR has suggested that it is imperative that there be an identification of nodal authorities such as the National Commission for Women, the Juvenile justice authorities as well as the Labour Department, which are crucial to the smooth and coordinated enforcement of the provisions of the bill. These nodal authorities can receive complaints and take the assistance of support services provided by stakeholders and non-governmental organizations, such as Childline.
Courts and Women’s Rights in India in 2015
The Supreme Court has been predominantly lauded in 2015 for its far-reaching judgment in Shreya Singhal v. Union of India that expansively interpreted the freedom of speech. But we must not forget that the Supreme Court and some of the High Courts have rendered a few prominent judgments that have upheld women’s rights significantly in 2015.
Two Finger Test in Rape Cases: Adding Insult to Injury
While conducting a study of the Fast Track Courts that have been instituted in Bangalore to try cases of rape and sexual assault, it was startling to discover that out of the 12 cases that have been disposed of by the FTCs since their establishment, 11 resulted in acquittals. The only case which resulted in the conviction of the accused was for the offence of “attempt to rape” and not rape. In this case, the court heavily relied on the medical reports which stated that the victim was “used to having sexual intercourse.”1 This conclusion was drawn by the Medical Officer upon conducting the two-finger test”.
Fast Track only in Name
The gruesome gang rape in Delhi in December 2012 re-ignited popular demands for fast-track courts to be established to conduct speedy trials in cases of sexual violence against women and on August 13, 2013, the Government of Karnataka passed an order (G.O. No.74 LCE 2013, dated 13.08. 2013) directing 10 fast track courts to be set up in Karnataka solely to try cases of rape and sexual assault against women. CLPR conducted a detailed study of the setup and working of these fast track courts.
Repeal and Re-enactment of Juvenile Justice Act – CLPR’s Comments on proposed Juvenile Justice Bill, 2014
The Union Ministry for Women and Child Development has proposed a repeal and re-enactment of the existing Juvenile Justice (Care and Protection of Children) Act, 2000 (the JJ Act 2000), the primary law in the country dealing with children in conflict with the law and children in need of care and protection. CLPR provided its comments to the Ministry on two aspects of the proposed draft Juvenile Justice (Care and Protection of Children), Bill 2014 – the treatment of children between the ages of 16 and 18 who are alleged to be in conflict with the law and the provisions relating to foster care.
Jurisdiction of Civil Courts and Family Courts under the Domestic Violence Act
Written by CLPR intern Pratichi Mishra, a final year student at NLU-Delhi. Despite the Protection…
Chitra Balakrishnan’s Talk on Understanding Gender and Judging through Residence Orders
On the 8th of November 2013, CLPR hosted Chitra Balakrishnan who presented her research paper titled “Understanding gender and judging through residence orders in Karnataka Trial Courts – A discourse analysis”.
Chitra Balakrishnan’s Talk on Understanding Gender and Judging through Residence Orders
Her research seeks to answer three main questions: Are judges in the lower courts in India making reasoned feminists judgments? Can the Hunter framework apply to trial court orders? What are the additional criteria one needs to look at to call a judgment feminist?
Constitutional Principles in US v Windsor in the Indian Context
The US Supreme Court’s decision last month in US v Windsor has been celebrated around the world as a progressive step in gay rights and legalizing same-sex marriages. Even in India, it is anticipated that this judgment will be able to leave an impact on the pending Naz appeal decision in the Supreme Court. Although Naz and Windsor deal with different issues (decriminalization of homosexual acts in Naz and, recognition of same-sex marriages in Windsor), the fundamental concern is to stop discrimination on the basis of sexual orientation.
Gender Justice and India’s Obligations Under International Conventions
A brief of the most important international rules in the matter of male/female equality.
Sexual Harassment at the Workplace in the view of the Justice Verma Commitee
In the Vishakha Judgment the petitioner sought to enforce the fundamental rights of working women. The said…
“A promise is a promise: Time for action to end violence against women” – IWD, 2013
The 2013 United Nations theme for International Women’s Day fits into the theme of the 57th Session of the Commission on the Status of Women being held at the United Nations Headquarters, New York. Making the elimination of all forms of violence against women and girls its major theme, the session seeks to focus on two key areas – (1) the prevention of violence and (2) the provision of support systems and rehabilitative measures to victims of violence.
Factors of the Lack of Empowerment of Women in the Justice Verma Committee Report
he violation of human rights pertains to ‘rape cases’ including distorting investigation in rape, pre-conceived notions of ‘honour’, certain regressive court judgments (in some cases, we are told, that the rapist made a magnanimous offer to marry the girl). Thus, complaints of rape become mere matters of formality – low on priority because there is no understanding of the acuteness of the violation of the human rights of a woman and the psychological trauma she undergoes. This is compounded by vulnerabilities emanating from class/caste/community disadvantages and also that of poverty. This has led to a subculture of oppression.
Justice Verma Commitee Report: A manifesto of change
On 23rd, January 2013 the Justice Verma Committee on amendments to Criminal Law, was constituted to look into possible amendments of the Criminal Law to provide for quicker trial and enhanced punishment for criminals committing sexual assault of extreme nature against women. It was constituted a few days after the brutal gang rape in Dehli on December 16, 2012. The urgency of the matter impelled the Committee to undertake the performance of the assigned task within the short span of 30 days, so the Committee has been facilitated in the task by an overwhelming response to the Public Notice, an oral consultation with the women’s social action groups and experts in the field.
Hoping for change: What might the Justice Verma Committee say?
January 5, 2013 must have been a busy Saturday for the members of the Justice…
Lok Sabha passes the Sexual Harassment at Workplace Bill
A law on sexual harassment at workplace has been one of the most awaited and anticipated laws since the landmark ruling of Vishaka v. State of Rajasthan, (1997) 6 SCC 241 where the Supreme Court observed that sexual harassment at workplace constituted a violation of the fundamental rights guaranteed under the Constitution. Making the above observation, the Court in an unprecedented move, proceeded to lay down guidelines that were to be followed in all workplaces until a suitable domestic law is provided for by the legislature. Another remarkable and novel feature of the judgment was its inclusion of the private sector apart from the public sector in its direction for employers to establish sufficient preventive and remedial systems in the workplace for female employees.