India Vice President Jagdeep Dhankar criticises the Supreme Court for using the Basic Structure Doctrine to strike down constitutional amendments by Parliament thereby sparking a debate on the separation of powers between the executive and the judiciary. Sudhir Krishnaswamy, Managing Trustee at CLPR and Vice Chancellor of NLSIU, Bengaluru gets mentioned giving his two cents on the topic.
South China Morning Post reports on the petition filed by four gay couples at the Supreme Court of India to legally recognise same-sex marriages. Jayna Kothari, Executive Director at CLPR, gives her expert opinion on the road ahead for this petition.
Bar and bench reported on Karnataka High Court’s notice to the State government on a public interest litigation (PIL) petition seeking separate hostels and accommodation for transgender students in higher educational institutions in the State of Karnataka.
Bar & Bench reported on the Madras Court’s order where the court recommended the State government to provide a specific percentage of separate reservation for the Third Gender (TG) or transgender persons in matters of future public employment.
Bar & Bench reported on the Madras Court’s order where the court sought a response from the Tamil Nadu government on a plea seeking COVID-19 cash relief to Transgender persons who do not possess ration cards.
Live Law reported on the Supreme Court’s order where the apex court issued a notice in a plea challenging the Union Ministry of Health blood donor guidelines that prohibit transgender persons and gay men from donating blood.
Bar & Bench reported on the Supreme Court’s order where the apex court issued a notice in a plea challenging the Union Ministry of Health blood donor guidelines that prohibit transgender persons and gay men from donating blood.
Bar and Bench reported on the State government of Karnataka’s submission to the Karnataka High Court that it will not take any coercive action against any person under Section 5 (Restriction on the transport of cattle) of the Karnataka Prevention of Slaughter and Preservation of Cattle Ordinance, 2020 (ordinance) till Rules framed under Section 5 are brought into force.
Bar & Bench reported on the High Court of Karnataka’s order asking the State government to examine whether Transgender persons can be given horizontal reservation in public employment. The court made these comments while hearing the petition, filed by Sangama, which challenged a State government notification on police constable recruitment on the grounds that it excluded a separate category for Transgender persons.
Live Law carried out the press release issued by the Center for Law and Policy Research on the Transform Conference 2020.
Bar & Bench carried out the press release issued by the Center for Law and Policy Research on the Transform Conference 2020.
The Print carried out a story on the recently concluded Grand Finale of ConQuest 2020, India’s Premiere National Quiz on the Indian Constitution, Politics and the Law.
Live Law reported on the High Court of Karnataka’s order where the Court sought a response from the State government on an application filed for providing horizontal reservation to Transgender Persons in Public Employment. The applicant submitted that reservation should not be provided under the OBC category but should be provided as a horizontal reservation as a separate special category like the reservation provided for women and persons with disabilities, that can be interlocked with other social categories of vertical reservation of SC/ST/OBC category. The Court gave the direction while hearing the petition filed by Jeeva, represented by Senior Advocate Jayna Kothari and assisted by Almas Shaikh, a Research Associate at CLPR.
Bar & Bench reported on the High Court of Karnataka’s order where the court questioned the state government on the reasons for the delay in filing charge sheets in cases under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act) and its Rules. The Court directed the Registrar General of High Court (RG) to file a report on the status of the proposal to set up more of these courts and also gave various other directions including the regular holding of meetings of committees and regular training of the officers appointed under the Act. The Court gave the direction while hearing the petition filed by the Committee for Monitoring and Strengthening SCs/STs in Karnataka (CMASK), represented by Senior Counsel Jayna Kothari.
Bar & Bench reported on the High Court of Karnataka’s direction to the KPSC and the State government where they asked authorities to consider granting 20 mins extra per hour to visually impaired students. The Court gave the direction while hearing the petition filed by National Federation of the Blind, represented by Senior Counsel Jayna Kothari
Times of India reported on High Court of Telangana’s direction to the State government where it asked the State government to inform whether it would supply free rice to transgenders and other sections of people who do not have ration cards under Pradhan Mantri Garib Kalyan Yojana which promises food grains to even those who do not posses ration cards. The bench gave the order while hearing a PIL filed by Vyjayanti Vasanta Mogli, represented by Sr. Advocate Jayna Kothari.
The New Indian Express reported on High Court of Telangana’s direction to the State government where it asked State government to earmark separate isolation wards for the transgender persons during the ongoing pandemic. The bench was hearing a PIL filed by Vyjayanti Vasanta Mogli, represented by Sr. Advocate Jayna Kothari.
Bar & Bench reported the petition challenging the Transgender Persons Act, 2019 that violates the fundamental right filed by Advocate Anandita Pujari and represented by Senior Counsel Jayna Kothari.
Senior Advocate & Executive Director at CLPR, Jayna Kothari says Supreme Court must be as proactive as before when interviewed by Freedom Gazette.
The Hindu carried a story mentioning CLPR’s study, “Re-imagining bail decision making: An analysis of bail practice in Karnataka and recommendations for reform”. The study emphasizes that bail protocol needs to be standardized and the classification of offenses must be revisited for easing the burden of under-trial prisoners in India.
Bar & Bench reported the Karnataka High Court Judgement where CLPR has filed an intervention application on behalf of Ondede and The Center for Study of Social Exclusion at NLSIU to seek relief for the transgender community and SC/ST vulnerable groups during the lock down.
The Quint covered a video interview of our Executive Director Jayna Kothari on the issue of internet shutdowns where she argues how internet shutdowns across the country muzzled the freedom of speech and expression of the people and therefore it needs to be challenged.
Hindustan Times story mentioned the Constitutional and Civic Citizenship project of CLPR which seeks to enhance public awareness and critical engagement with India’s constitutional tradition.
Bar and Bench reported the CLPR conference on decisions of Supreme Court in 2019 organized in collaboration with NCS chapter of St. Joseph College.The conference comprised three panel discussions on the topics — strengthening democracy, SC reform and verdicts concerning religion and faith.
The Hindu reported the CLPR conference on decisions of Supreme Court in 2019 organized in collaboration with NCS chapter of St. Joseph College.The conference comprised three panel discussions on the topics — strengthening democracy, SC reform and verdicts concerning religion and faith.
Bar and Bench reported the CLPR event on learning session for lawyers at the Karnataka High Court on the topic of ‘Tackling Caste Discrimination through Law”.
The interactive seminar had four sessions covering various topics such as The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989, Protection of Civil Rights Act, 1955: How can it be effectively used? Manual Scavenging and the Law, and the Karnataka Devadasi (Prohibition of Dedication) Act, 1982.
The new vice-chancellor of NLSIU, Sudhir Krishnaswamy, says ‘Constitutional and political history must be compulsory’ when interviewed by The Hindu.
Deccan Chronicle reported Transform, the 3rd International Conference on Transgender Rights and the Law.
ThePrint carried a report on the National Finals of ConQuest 2019, India’s Premiere National Quiz on the Indian Constitution, Politics and the Law.
Rachel John from ThePrint attended and covered the north regional rounds at National Law University, Delhi.
ThePrint reported on the West Regional rounds of ConQuest, 2019.
ThePrint reported on eastern regional round of the fourth edition of ConQuest, 2019.
ThePrint’s carried a report on the South Regional Round of ConQuest 2019
The Deccan Chronicle reports on a recent judgement by the Madras High Court regarding transgender inclusion in the police force. Addressing three writ petitions represented by CLPR, the case dealt with strict upper-age limits for transgender persons applying for the post of grade II police constable.
The Deccan Chronicle’s Yamuna R. speaks to transgender activist Grace Banu and senior advocate Jayna Kothari regarding transgender rights in India and reservation policies in public employment.
In a recent interview about their book, Harini Nagendra and Seema Mundoli speak of joined efforts with colleagues from CLPR to “change the narrative of urban ecology by looking at economic growth and development through environment protection.”
The Deccan Chronicle reports on an ongoing case represented by CLPR, regarding relaxation of age for transgender persons applying for the post of Grade II Police Constable. Quoting Senior Advocate Jayna Kothari who is appearing on behalf of the petitioner Deepika, they note that no reason has been provided for such a strict upper age limit.
Al Jazeera’s Chandni Doulatramani provides a detailed profile of Jeeva M., whose case against Karnataka State regarding name change in educational records was represented by CLPR’s senior advocate Jayna Kothari.
The Hindu quotes Sudhir Krishnaswamy on retired bureaucrat V. Balasubramanian’s proposal for a separate Bengaluru Metropolitan Council at the Bengaluru Metropolitan Region level.
Reporting for the Bangalore Mirror, Shyam Prasad S covers Justice S. Sujatha’s judgement in the Jeeva M. vs State of Karnataka & Anr. case. Describing it as a “significant trendsetter”, he quotes Senior Advocate Jayna Kothari on similar circumstances in 2013.
LiveLaw reports on two press statements released by civil society groups regarding the enquiry into sexual harassment allegations against CJI Gogoi. Senior Advocate Jayna Kothari’s name listed among others expressing solidarity with Complainant’s decision to withdraw from case.
Live Mint quotes Sudhir Krishnaswamy in commentary on “abysmal” voter turnout. Points to constituency demarcation and flawed voter roll preparation.
Reporting for the Deccan Herald, Akhil Kadidal covered our conference on Sexual and Reproductive Rights in India. In particular, he focused on the right to abortion panel. He interviews Senior Advocate Jayna Kothari and Advocate Meenaz Kakalia.
Shruti Sharada interviews Trinetra Gummaraju, who will speak at our conference on Sexual and Reproductive Rights conference, for RadioActive Cr 90.4 Mhz. Gummaraju will speak on the LGBTI+ panel.
The Hindu reports on Azim Premji University and Lokniti’s “Politics and Society between Elections (2017-2019)” survey. The survey found that conservative nationalism is on the rise. Interestingly however, Prof. Sudhir Krishnaswamy explains that there is little evidence to suggests this ideology correlates to electoral behavior.
Reshma Ravishanker interview Senior Advocate Jayna Kothari for the Deccan Herald on medical negligence. Ms. Kothari explains the legal process for persons seeking to receive compensation for medical negligence.
Sophie Edwards interviewed Senior Advocate Jayna Kothari and other members of the Abidjan Principles Drafting Committee for Devex. The Abidjan Principles serve as a reference-point for States on the right to education. They provide a right to education framework, which defines the responsibilities of both States and private actors.
In Episode 2 of its Ba Baduku series, Radio Active interviews Senior Advocate Jayna Kothari on the various laws prohibiting child marriage. They focus on the Prohibition of Child Marriage Act (PCMA) and the 2016 Karnataka amendment to the Act.
Governance Now summarizes Justice DY Chandrachud’s panel at the Kala Ghoda Arts Festival 2019. Justice Chandrachud was in conversation with Senior Advocate Jayna Kothari. They discussed the Constitution, landmark Supreme Court judgments such as the Section 377 one and constitutional morality.
The Times of India covers the Honourable Justice DY Chandrachud’s panel at the Kala Ghoda Arts Festival 2019. Justice Chandrachud was in conversation with Senior Advocate and CLPR Executive Director Jayna Kothari. They spoke about the value of the Constitution and the role of the Supreme Court in interpreting it.
In celebrating Kala Ghoda turning 20 this year, Senior Advocate Jayna Kothari describes some of the highlights of this year’s festival, including the panel on the Supreme Court’s Section 377 judgment. The Section 377 panel will feature Honourable Justice DY Chandrachud in conversation with Senior Advocate Jayna Kothari.
Suhrith Parthasarathy analyzes the basic structure doctrine, in light of the 103rd Amendment of the Constitution, which introduced reservations for Economically Weaker Sections. He relies on Sudhir Krishnaswamy’s “Democracy and Constitutionalism in India”.
Nikita Puri describes how the trans community is furious with the new Transgender Persons Bill 2018. She interviews CLPR Executive Director and Senior Counsel, Jayna Kothari for a closer analysis of how the Bill fails the community.
Erwin Fernandes interviews Jayna Kothari for Bloomberg Quint on The Transgender Persons (Protection of Rights) Bill, 2018. The Lok Sabha passed the Bill in December 2018. In reaction, the trans community led nation-wide protests, criticising the Bill for failing to protect their interests.
In order to take the first step to address the problem of implementing reservation for transgender and intersex persons in education and public employment, the Centre for Law and Policy Research (CLPR released a policy brief. The event, organised by CLPR, held a panel discussion by Senior Advocate and Executive Director of CLPR Jayna Kothari; Director of the Trans Rights Now Collective Grace Banu; and Assistant Professor of Law at National Law University, Delhi, Dr Anup Surendranath.
About 50 per cent of the members of the State Gender Welfare Board should be our community. If we have it, we will help the government get the issues we are experiencing. Society should not look at us badly.
Over 5,000 survivors of sexual violence across the country Thursday embarked on a 65-day-long ‘Dignity March’ from the city, which will culminate in New Delhi on February 22, its organisers said. CLPR Managing Director and Senior Advocate Jayna Kothari was present at the launch of the march at Somaiya Ground.
Friedrich Neumann Foundation for Freedom shares its views on CLPR’s work on transgender rights. This includes a transgender rights course taught at the National Law School of India University, Bangalore, as well as the Trans Law cell headed by CLPR.
The Karnataka High Court example amply demonstrates that the new process of senior designation gives confidence to the young lawyers without ‘connections’ in the legal profession. It gives them hope that if they are deserving, no one can take away their opportunity to be one day considered for the senior designation. Conferral of this distinction has been duly democratised
Noted women rights and child rights lawyer Jayna Kothari — who has worked with Jaising in the past — has also been designated as a senior advocate.
In this interview with Frontline Jayna Kothari shares her thoughts on the issue of uniform marriage age for boys and girls, following a proposal in its favour by the National Human Rights Commission.
The beheading of a 13 year old girl in Tamil Nadu is another example of caste based violence perpetuated against women. In this article CNN quotes Jayna Kothari who argues for looking at these crimes in an intersectional way: as caste and gender based violence.
ThePrint’s article discusses NHRC’s recommendation to make the age of marriage uniform for girls and boys as 18. It quotes Jayna Kothari. She argues that there is no logic in also fixing 18 as the marriageable age for men.
In the wake of the #MeToo movement that has seen several actors come forward with their stories of sexual harassment and abuse, including those in the Kannada film industry for Rights and Equality (FIRE) want people from the industry to raise their voices. Jayna Kothari, is a member of FIRE’s Internal Complaints Committee.
Film Industry for Rights and Equity (FIRE) was formed 18 months ago by a group of people including actors, directors and technicians, who have been vocal for the need to address sexual harassment women in the industry. FIRE has appealed to the Karnataka Film Chamber of Commerce (KFCC) to refer all sexual harassment complaints they receive to FIRE’s Internal Complaints Committee. Jayna Kothari is on the FIRE’s Internal Complaints Committee.
This article looks at the judgments of the Supreme Court in Section 377, adultery, and Sabarimala cases. It quotes Jayna Kothari on Akkai Padmashali, transgender rights activist, who was one of the Petitioners in Section 377 case. Jayna says ““Akkai insisted on telling her story”.
Mathew Idiculla was invited to speak at the “Rethinking Urbanization and Right to the City” Conference which was held on October 2nd, 2018 in the context of the World Habitat Day . “In the 150th birth anniversary of Gandhiji, it is only fitting that we talk about local self government, decentralization of governance”, he added while speaking on the 74th Amendment to the Constitution of India, 2018.
We conducted the South Regional Rounds and National Final Rounds of ConQuest 2018 on 28th September 2018. ThePrint carried a report on these rounds.
This article quotes Jayna Kothari on the recent judgment on Adultery. Jayna notes that this decision is this a big victory for women’s status and position within marriage and within families.
ThePrint’s report on the West regional rounds of ConQuest 2018.
ThePrint carried a report on the East Regional Round of ConQuest 2018.
This post records initial response of the community to the Section 377 verdict. It carried Jayna Kothari’s views on what the judgment holds for the transgender community.
This is a video response of Jayna Kothari on the Section 377 verdict.
While the transgender community is fighting their own separate legal battle in recognition of their rights, the decriminalisation of homosexuality by the Supreme Court today will aid the fight for transgender rights, says Jayna Kothari.
ThePrint carried a piece today on North Regional Rounds of ConQuest: India’s Premiere National Quiz on the Indian Constitution, History and Politics.
ThePrint carried a piece today on CLPR’s initiative – ConQuest 2018.
“TRANSformation of courts” throws light on the drastic conditions of the transgender community. Jayna feels that it is important that stories of the daily lives and experiences of trans people must be told in the court.In a world full of muffled silences, she made sure their voices were heard. By fighting these cases, she hopes that the courts, the State, public authorities, and society see trans persons not as criminals, but as citizens, with equal constitutional rights. Watch this video to understand the burning need to make our society inclusive of all the marginalised communities.
Ms. Jayna Kothari, Executive Director of CLPR, represented Dr. Akkai Padmashali, a trans-rights activist, in Section 377 challenge. Ms. Kothari argued for scrapping Section 377 and cited several state laws which target transgender community and classify them as ‘criminals’. Her arguments were covered by The Hindu.
Business Standard interviewed Jayna Kothari, Executive Director of CLPR, on the issue of child marriage in India.
Child marriages in India, says a report by UNICEF, have significantly decreased, but the rate of decline remains slow. The Supreme Court has struck down a legal clause that allowed intercourse with underage brides, but at present child marriages still remain valid, a situation that is expected to be addressed soon. Jayna Kothari, Supreme Court advocate and Executive Director of the Centre for Law & Policy Research, Bengaluru, tells Nikita Puri why despite the fall in numbers, there is no room for complacency on child marriages.
The Right of Children to Free and Compulsory Education Act 2009 has been constantly criticized. It has often been cited as a reason for poor enrollment in Government schools and loss of Government funds. This article published in The Hindu, takes on those claims by relying on the data from a study conducted by Azim Premji University. Sudhir Krishnaswamy, Managing Trustee of CLPR and Director of the School of Public Policy & Governance Azim Premji University, has been quoted to state that the financial burden on the Government towards reimbursement of private schools is minuscule. He further disputed the link between denial of RTE quota seats in private schools leading up to enrollment in Government schools.
A report by the United Nations International Children’s Emergency Fund (UNICEF) released on Tuesday revealed that while there is a decrease in the global percentage of child marriages, more than 150 million additional girls will be married before their 18th birthday by 2030.
UNICEF’s conclusions on India came after comparing data from its 2006 and 2016 health survey that asked women in the 20-24 age group whether they had married before they turned 18. It also took into account child marriage data from the 2011 census.
The Centre is moving ahead with a proposal to amend an existing law so as to make all future child marriages in the country invalid from the outset, according to two senior government officials familiar with the matter who asked not to be identified. Currently, child marriages are valid but can be annulled on request.
On 10th Feb 2018 the Karnataka High Court stayed all proceedings with respect to the allotment of 238 LPG distributorships in the state by the Indian Oil Corporation. A division bench of acting Chief Justice H G Ramesh and Justice P S Dinesh Kumar stayed the post-notification proceedings after hearing the PIL filed by Karnataka Rajya Vikalachetanara Rakshana Samiti who claimed that no statutory reservation was provided to differently-abled people. Jayna Kothari, counsel of the petitioner, contended that IOC had reserved only 6 positions for the disabled, which amounted to less than 3 percent of the total distributorships, which did not comply with the 5 per cent mandated under Section 37 of the Rights of Persons with Disabilities Act, 2016.
Jayna Kothari was invited to speak in PILnet 2017 Global Forum. She shared her motivations behind choosing to work in social justice litigation and her experiences with the Indian courts.
In the organisation Independent Thought’s challenge to the Exception 2 to Section 375 of the IPC before the Supreme Court, Jayna Kothari represented the Child Rights Trust as an intervener. The organisation works in Karnataka against child marriage. Both Justice Lokur and Justice Gupta, in their concurrent judgments reading down the Exception, complimented Jayna Kothari for her contribution and research, which helped in deciding the case.
The Deccan Herald’s issue dated 12.10.2017 offered an in-depth coverage of the efforts undertaken by the Centre for Law & Policy Research towards empowering the Transgender community by setting up a free weekly legal aid cell for their assistance.
Jayna Kothari was one of the panelists in this episode of ‘We The People’ which discussed mental health in Indian society.
According to the World Health Organisation, India is the most depressed country in the world with 36 per cent of citizens battling depression or other mental health issues. Suicide is the leading cause of death among young people. Adding to the grim picture is the almost negligible size of mental health care sector with just three psychiatrists per million Indians. On this edition of We The People, we ask: Is it time we acknowledged the existence of a looming threat to India’s young demographic in the form of severe mental crises? Can a measly expenditure of 0.06% of the health budget tackle this growing menace?
The Times of India covered CLPR’s course on transgender Identity & the Law. The course consisting of seven sessions was designed by Jayna Kothari, Executive Director of CLPR and introduced at the National Law School of India University, Bangalore on 30.08.2017.
In our research, we have designed a qualitative study of court observations over a period of 45 days in lower criminal courts chosen randomly in three districts in Karnataka i.e. Bengaluru, Dharwad, and Tumakuru.
The Surrogacy (Regulation) Bill, 2016, which was cleared by the Cabinet on 24 August, has…
Jayna Kothari is quoted in this Article, which discusses the extent of autonomy an “Advance Directive” provided for by the Mental Healthcare Bill, 2013, will provide to a patient of mental healthcare.
On Republic Day, 2016 the Centre for Law and Policy Research launched the CADIndia website at the Karnataka Judicial Academy, Bangalore followed by a panel discussion on ‘Constituent Assembly Debates in Contemporary Times’.
Speaking at the seminar, Jayna Kothari, Founder, Centre for Law and Policy Research, Bangalore, said “a number of children with learning disabilities had no avenues of help from the government as their disorders do not come under the ambit of Person’s with Disabilities (PWD) Act, 1995.”
Jayna Kothari presented at a seminar on “Auditory Processing Issues – Identification and Management Strategies for Educators” at the Mallya Aditi International School, Bangalore.
Earlier, in August 2013, some media reports suggested that the Ministry for Women and Child Development was firming up to the view that juveniles in the age bracket of 16-18 years committing heinous crimes should not have the protection of Juvenile Justice (Care and Protection of Children) Act, 2000 (JJ Act). This post argues against such proposed move.
The Centre for Law and Policy Research is representing a Bangladeshi national who is a victim of human trafficking and has been made to sign a bond imposing a payment of Rs 25,000 for her release. The imposition of the bond is currently being challenged in the High Court of Karnataka.
Jayna Kothari has been cited in Boon for Suicide Survivors published in the Telegraph on September 4, 2013. She gives her opinion on decriminalization of Section 309 of the IPC and its impact on women facing domestic violence.
CLPR’s Jayna Kothari has been quoted in “Mental Health Bill set to revolutionize care in India“. The Lancet, Vol. 382, Issue 9889, P.296, (July 2013).