Jayna Kothari

Executive Director

Jayna is a co-founder of CLPR. She is a Senior Advocate and practices in the Supreme Court of India. She graduated from University Law College with a B.A. LL.B degree and read the BCL at Oxford University. Jayna was awarded the Wrangler D.C. Pavate Fellowship in Cambridge University.

Jayna’s research and practice interests include constitutional law, gender and sexuality law, disability rights and discrimination law. She had argued in the Supreme Court in the recent constitutional challenges to Section 377 and adultery which were both decriminalized. She also argued the Independent Thought case in which the Supreme Court recognized child marital rape as a criminal offence. Her book, “The Future of Disability Law in India” was published in 2012 by Oxford University Press.

Publications

Blog

Should the age of marriage for women be raised to 21?

September 4, 2020

In this discussion published by The Hindu, Jayna Kothari, where she commented that law should declare the child marriages void rather than making it a criminal act. 

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The Intersection of Disability and Caste

July 20, 2020

This Policy paper explores the importance of the intersections of disability and caste. The authors…

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Why India needs an equality law

June 3, 2020

In this piece published by Deccan Herald, Jayna Kothari argues that this is a high time when India needs an equality law that would provide a broad framework  to address stigma and discrimination prevalent in the society which is quite openly visible during this pandemic and also impose positive duties and obligations on governments and private actors to ensure that all their actions and measures are non-discriminatory.

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Benched By the Bar

February 29, 2020

In this piece published by The Indian Express, Jayna Kothari argues that Bar associations in Karnataka instructing members not to represent accused in sedition cases violates constitutional morality.

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Section 377 and Beyond: A New Era for Transgender Equality?

July 3, 2019

Senior Advocate Jayna Kothari shares her perspective on the progress of transgender rights and equality in India. Beginning with the history of legal battles of the LGBTI and the campaign against Section 377 of the Indian Penal Code, she moves on to review the Supreme Court’s recent “trans-formation”by recognizing transgender identity. She concludes that criminal law and sexual assault in India is, “still gender specific. It only recognizes rape and sexual assault where the victim in defined as a ‘woman’. Thus, transgender persons facing sexual violence have no criminal remedy”.

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‘Authorities haven’t internalised legislations’

May 12, 2019

Writing for the Deccan Herald, Senior Advocate Jayna Kothari responds to recent controversy concerning Chief Justice of India, Ranjan Gogoi. With a review of the present state of justice when it comes to violence against women, she argues that the problem lies in implementation.

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‘A half-written promise’ | Jayna Kothari, Maya Unnithan & Siri Gloppen on Reproductive Rights

April 23, 2019

Jayna Kothari, Maya Unnithan and Siri Gloppen note how political parties have been virtually silent on sexual and reproductive rights policy, in the on-going 2019 general election. They urge political parties to “steer the public debate to [often overlooked] crucial issues”.

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Transgender Persons Bill 2018: “A law that defeats its purpose”

December 29, 2018

Jayna Kothari criticizes the Transgender Persons Bill 2018, stating that it is “a law that defeats its purpose”. She emphasizes that it does not provide transgender and intersex persons with positive rights and ignores the protections provided by the Supreme Court in NALSA, 2014.

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The rainbow in our clouds

September 10, 2018

Jayna Kothari, Executive Director of CLPR and Advocate, Supreme Court, had represented transgender rights activists, Dr. Akkai Padmashali, Sanaa and Umi Umesh, in the Supreme Court on Section 377 challenge case. Deccan Herald carried Jayna’s piece today where she analyses the key themes the Court relied on to read down Section 377

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The Right to Privacy: The Promise for full Recognition of Transgender Rights

August 28, 2018

In an article i n Orinam, Jayna Kothari examines the unexpected and far-reaching impact of the Right to Privacy verdict by the Supreme Court in the Aadhaar case, on gender identity, transgender rights and women’s rights.

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A promise falls short

April 12, 2018

In this article published in The Hindu on the 4th anniversary of NALSA judgment , Jayna Kothari argues that it is time to push for reforms to give transgender persons their rights.

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Law reform is needed to secure greater respect for adolescent sexual and reproductive autonomy

November 17, 2017

In this piece, Jayna Kothari and Payal Shah, analyse the Independent Thought judgment. They suggest policy and law reforms to translate this decision into respecting the bodily autonomy of every woman and girl.

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The Indian Supreme Court Declares the Constitutional Right to Privacy

October 4, 2017

Jayna Kothari wrote in the Oxford Human Rights Hub about the recent unanimous decision by the Supreme Court to declare the Right to Privacy as a Constitutional Right. She details how the Right to Dignity formed the core of the reasoning that led to the definition of the Right to Privacy. The acknowledgment by the Court of the importance of the principles of autonomy, the individual’s right to choose, the right to move freely, right to self-identify one’s gender, right to bodily integrity and reproductive makes this one of the most progressive verdicts passed by the Supreme Court of India.

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Case for Inclusive Courts

July 21, 2017

In the article titled “Case for inclusive courts” in Frontline, CLPR’s Executive Director Jayna Kothari shares her views on the book titled “Courting the People: Public Interest Litigation in Post-Emergency India” by Anuj Bhuwania. She analyses the basis of the arguments brought out by Bhuwania, placing them within the larger context and framework of the legal system within India. Whilst tracking the development of Public Interest Litigation in India, she advocates for a balanced role of the amicus curiae, the need to rid the anti-poor bias, and deliberates on the path ahead.

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Courts Recognizing Transgender Rights

February 28, 2017

In an article published in the Oxford Human Rights Hub, Jayna Kothari and Diksha Sanyal discussed the legal landscape of transgender rights in India, referring in particular to the recent amendment of Section 36A of the Karnataka Police Act.

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A battle of rights: the right to education of children versus rights of minority schools

February 14, 2017

In an article published in the Oxford University Commonwealth Law Journal titled, ‘A battle of rights: the right to education of children versus rights of minority schools’, Jayna Kothari and Aparna Ravi trace two Supreme Court Judgements which have effectively exempted minority schools from the coverage of the Right of Children to Free and Compulsory Education Act 2009 (RTE Act). They critically analyse the developments that led to these judgements and argue that it results in undermining the core value the RTE rests upon, namely the guarantee of the right and access to quality education.

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Article on the Supreme Court decision seeking to amend Section 2(q) of the Domestic Violence Act

October 17, 2016

In this Article published in the Kannada Daily, Prajaavaani, Jayna Kothari critiques the decision of the Supreme Court holding Section 2(q) of the Protection of Women from Domestic Violence Act, 2005, to be unconstitutional. The impugned section defines “respondents” under the Act to only include “adult males”, thus allowing aggrieved persons under the Act to file a case only against adult male relatives.
Jayna Kothari argues that provisions of the Domestic Violence Act are not meant to be construed as gender neutral. She elaborates how it is necessary and intentional that legal provisions on violence against women  should apply only to males as perpetrators of such violence.

CLPR’s Report on India’s Implementation of FCTC

October 14, 2016

The World Health Organisation’s Framework Convention on Tobacco Control, is a treaty that is used “to protect present and future generations from the devastating health, social, environmental and economic consequences of tobacco consumption.” India, is a party to the treaty and actively participated in its enactment. This report reviews India’s compliance with Article 5.3 of the FCTC which pertains to the issue of States Parties’ obligations around conflict of interest. The report  provides a detailed review of the legal principles emerging out of Article 5.3, considers examples of jurisdictions from around the world that have enacted laws to implement this article and reviews how compliant India has been with its obligations under this provision.

Although the report is ready, it can be made available only after the final approval from the Campaign for Tobacco Free Kids. Keep watching this space for more.

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Ending Tobacco Subsidies: The Need for Repeal of the Tobacco Board Act 1975 for Effective Tobacco Control

October 12, 2016

In this policy brief we analyse the current law and policies on tobacco and set out a legal basis for ending tobacco subsidies.

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Unpacking Public Health: The Way Forward in Health Warnings and Tobacco Packaging Law in India

October 12, 2016

This policy brief examines the law on health warnings in India and the future of tobacco packaging legislation.

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Tobacco Board Act: An Obstacle to Tobacco Control

October 12, 2016

A factsheet on the extent of governmental subsidies made available to the tobacco industry through the Tobacco Board.

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Tobacco Subsidies or Public Health

October 12, 2016

This is a report of Karnataka Level Workshop and Consultation with researchers and experts on public health and tobacco control laws conducted on May 23rd 2016.

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Litigating Tobacco & Public Health

October 12, 2016

This Booklet explores litigation on tobacco vis a vis public health.

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Submissions to the Parliamentary Joint Committee on the Enforcement of Security Interest and Recovery of Debts Laws and Miscellaneous Provisions (Amendment) Bill 2016

June 16, 2016

On June 16th 2016, CLPR was invited to appear before a Joint Parliamentary Committee (JPC) formed to discuss the Enforcement of Security Interest and Recovery of Debts Laws and Miscellaneous Provisions (Amendment) Bill 2016. This bill sought to amend four laws: (i) Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI), (ii) Recovery of Debts due to Banks and Financial Institutions Act, 1993 (RDDBFI), (iii) Indian Stamp Act, 1899 and (iv) Depositories Act, 1996. The primary aim of the bill was to simplify the procedure involved in the recovery of debt owed to banks and other financial institutions. CLPR limited itself to the proposed amendments to the RDDBFI in its submissions before the JPC.

Jayna Kothari presented CLPR’s submissions before the JPC.

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What’s in a Pack? Sickness, Death and the Power of a Lethal Lobby

May 31, 2016

In this article, Ms. Jayna Kothari talks about how the tobacco industry and its political backers have delayed the implementation of health warnings constituting up to 85% of the packaging, an important anti-smoking measure, even as countries around the world are moving to the next stage of reform.

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Special courts don’t follow Act provisions

January 16, 2016

This article, reviews the performance of Special Courts established under the Protection of Children from Sexual Offences (POCSO) Act 2012. Using empirical data, from a study conducted by the Centre for Law and Policy Research, the author exposes the failure of these courts in meeting their objective.

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The Out of School Children Case: A Model for Court-Facilitated Dialogue?

September 18, 2015

Jayna Kothari and Gaurav Mukherjee’s piece on out of school children is now live on the Oxford Human Rights Blog. (September 18, 2015)

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Bring parties under RTI ambit for effective government

August 30, 2015

Jayna Kothari and Aparna Ravi recommend that political parties be classified as ‘public authorities’ so as to be brought within the purview of the RTI Act.

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The Wait for a Progressive Disabilities Law is a Long One

August 12, 2015

Jayna Kothari and Nina de puy Kamp write on Disabilities Law in the Wire.

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Sexual Offences Court on Trial: Neither Fast nor Just

July 1, 2015

This article provides an insight into the performance of fast track courts set up for sexual harassment in Karnataka. The authors analyse the performance of such courts on the basis of an empirical study conducted by them.

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Probe is Crucial, Who Investigates is not.

July 1, 2015

Jayna Kothari examines the procedure to investigate, try and impeach the apex anti-corruption body of the state, the Lokayukta, for corruption. The article is a narration of the provisions of law, relevant authorities and designated police personnel competent to try and investigate such matters.

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The Myth of Speedy and Substantive Justice : A Study of the Special Fast Track Courts for Sexual Assault and Child Sexual Abuse in Karnataka

June 9, 2015

Fast track courts have often been mooted as a solution to the extensive delays that plague the functioning of “normal” courts in India. In 2012 a special court to exclusively try cases of child sexual abuse under the “Protection of Children from Sexual Offences Act, 2012 (“POCSO”)” was set up. In 2013, the Karnataka state government set up 10 special fast track courts in the state only for trying cases of rape and sexual assault against women under Section 376, IPC.

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Conflicts of interest between government and tobacco industry is bad

April 2, 2015

The op-ed criticizes the Union Government’s decision to put a hold on the amendments to the Cigarettes and Other Tobacco Products (Packaging and Labelling) Rules, 2008 which sought to increase the size of health warnings from the current 40% to 85% of the packets’ surface area.

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Behind the Smokescreen

April 2, 2015

In this article, Jayna Kothari and Aparna Ravi highlight the conflicts of interest between the government and the tobacco industry and note how the intervention of the tobacco industry led to the indefinite suspension of the proposed tobacco packaging rules by the Indian Government. The new rules mandate that warnings should cover up to 85% of the cigarette packaging. The halt in implementation indicates the industry’s influence on government policy making and the serious implications this can have on public health. The article concludes that immediate steps need to be taken to isolate the tobacco industry from the Government’s policy-making wing.

Apply Human Rights Approach to Our Public Bodies

March 16, 2015

Jayna Kothari examines whether public bodies like Municipal Corporations can be held liable for accidents and deaths of individuals due to their negligence in the maintenance of roads, open drains, and other such hazards. She also delves into using human rights principles to instill a sense of duty of care that public authorities should owe to the public and those who are affected by this negligence in care.

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After deleting Section 309

December 22, 2014

The article critically examines the basis of the decision of the Supreme Court to strike down section 309. Further, the author argues for the need for policy initiative, better access mental health care, and recognition of mental health care and health rights as a necessity for those contemplating and committing suicide.

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Who is Tracking Fast Track Courts?

November 4, 2014

The Justice J.S Verma Committee Report had recommended the setting up of Fast Track courts for dealing with rape and sexual assault as a way to ensure speedy justice. In this article, the authors conducted a detailed study of the working of three such courts in Bangalore that were set up in December, 2013 and examine whether these courts live up to their objective. The article makes a case for the need for witness protection services, so as to safeguard the interests of the victim of sexual assault before and after they have provided evidence.

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Redressal of Teacher Grievances through the Courts – A Comparative Study Across Nine States in India

October 9, 2014

This Report presents the analysis, findings and recommendations of a study conducted by the Centre for Law and Policy Research on the use of the courts for grievance redressal by teachers in government and government-aided private schools in nine States in India for the period from 2009 to June 2014.

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The RPD Bill 2014: New Frontiers for Disability Rights or Repackaging the Old?

August 15, 2014

The Rights of Persons with Disabilities Bill 2014 has garnered much criticism for its faulty drafting, and the manner in which the final draft of the Bill was made. In this article, Jayna Kothari highlights multiple issues with the Bill by focusing on the flawed definition of persons with disabilities in the Bill.

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The Right to Health of Persons with Disabilities in India

July 31, 2014

This Report examines the state of the right to health for persons with disabilities in India from the perspective of “equal access” and “non-discrimination.”   It is based on an empirical study conducted by CLPR on the experiences of persons with disabilities in accessing healthcare. In addition to the empirical study, it also draws on the insight gathered from four zonal and one national consultation meetings organized by CLPR on disability rights.  The outcomes from the consultations have been referenced in this paper. This Report was prepared for Human Rights Law Network, Indian Association of Muscular Dystrophy and National Alliance on Access to Justice for People Living with Mental Illness.

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Between Life and Death

July 28, 2014

The author probes the question of whether the courts should have the right to decide on matters as personally, religiously, and morally divided as euthanasia. She argues for the need of the Parliament to have authority to decide the issue of Right to Life and the Right to Die instead of allowing the Supreme Court to make judgments on such cases.

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Disabilities of our democracy

April 25, 2014

In this article published in The Hindu, Jayna Kothari and David Seidenberg argue that when an electoral system structurally discriminates against particular categories such as persons with disabilities, it is tantamount to a failure of the democracy as a whole.

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The invisible voter

April 14, 2014

The author alludes to the 2004 Supreme Court order in Disability Rights Group v. Election Commission (EC) which had directed the Election Commission to facilitate favourable voting conditions in all states for persons with disability. The author contends that despite the EC’s immediate directive to all state commissions to comply with this order, the actual level of accessibility in voting has not improved. The author proposes technology solutions like voting through mobiles for easy exercise of the right to vote by persons with serious disabilities.

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Ensure Disabled get Voting Facilities

April 2, 2014

In this article, the authors stress on the necessity of ensuring an enabling atmosphere for disabled persons to exercise their fundamental right to vote, which is an essential aspect of democracy. They urge that electoral participation should go beyond the installation of ramps at polling booths, in order to make polling sites accessible.

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CLPR and CIS Report on Enabling Elections: Making the elections participatory and accessible for PWDs

March 28, 2014

In light of the upcoming 2014 Lok Sabha elections, CLPR in collaboration with the Centre for Internet and Society, has prepared a Report titled “Enabling Elections: Making the 2014 General Elections Participatory and Accessible for Voters with Disabilities”. This Report addresses the barriers that voters with disabilities face during elections and recommends solutions for the same. A representative democracy is defined by its access to voting and full participation in the political affairs of the country equally for all its citizens, which includes voters with disabilities.  This report analyses the legal framework on the rights of persons with disabilities with respect to free and fair elections and argues that the State is constitutionally mandated to enforce this right. The Report examines the relevant provisions of the Representation of People Act, 1951, the Constitution, the relevant directions of the Supreme Court of India and the international conventions.

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At a Standstill : Rights of Persons with Disabilities Bill is not a meaningful improvement on its precursor

February 12, 2014

The Rights to Persons with Disabilities Bill, 2014 was meant to be a substantial improvement over the existing Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation), Act, 1995. However, this article highlights in two crucial ways how the Bill fails to make a meaningful departure from the existing legislation. Firstly it retains the medical model of disability and does not acknowledge the role of the social environment is disabling certain individuals. Secondly, it does not put any obligations on the private sector to reserve jobs for the disabled.

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Recasting the Judicial Appointments Debate

February 6, 2014

The Centre for Law and Policy Research presents its working paper on “Recasting the Judicial Appointments Debate: The Constitutional (120th Amendment) Bill, 2013 and Judicial Appointments Commissioner Bill, 2013”

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CLPR Case Briefs – Journalists and the law of Contempt

January 22, 2014

Journalists in India have found themselves entangled in criminal contempt cases since the early 1900s, and, over the course of time, the Courts have developed different tests to ascertain whether or not a particular article may be contemptuous. The Brief contains cases from the Supreme Court and the High Court that have upheld the right of the press to publish articles on the Judiciary, as well as reporting on pending cases.

Foster Care in India : Policy Brief

January 22, 2014

CLPR undertook a policy review of the legal framework of foster care in India. Given that no such study has been undertaken in India as yet, this Policy Brief is being published to share the findings of CLPR’s review and to stimulate debate and further research on this topic.

Interdisciplinary Engagements (Book Review)

January 9, 2014

This article is a review of the book ‘Disability Studies in India: Global Discourses, Local Realities’ , edited by Renu Addlakha, Routledge, New Delhi, 2013. Vol., 38 No. 1, January 2014

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Denying the disabled.

November 15, 2013

SINCE 1996, when the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (PWD Act), came into force, by far the majority of cases taken to court have been about equal opportunity in public employment, that is, reservation of jobs for persons with disabilities and related matters such as promotions, identification of posts and eligibility. This struggle is in many ways not that different from the caste and gender battles for affirmative action in government employment.

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Sexual harassment in the Indian legal profession

September 9, 2013

In this article, Jayna Kothari has brought to light the manner in which guidelines on sexual harassment laid down by the Supreme Court in the Vishakha judgment are being flouted. She also talks about the inherent bias in the legal profession against women lawyers and the need to recognize such biases while interpreting the law in relation to sexual harassment.

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Closing the care-gap

September 4, 2013

The new Mental Health Care Bill, 2013, based on the principles of the UN Convention on the Rights of Persons with Disabilities and moves the current mental health care law from a medical to a social model based on human rights. Some of the progressive aspects of the new bill include the recognition of the legal capacity of persons with psycho-social disabilities and of advance directives, as well as the protection of the rights to equality and dignity. But the bill also has several conditions that could negate the guarantee of these rights. In this respect, the bill has been debated intensely within the disability community. Widely speaking, the need to decriminalise attempts to suicide have been considered by the courts, but only from the perspective of the right to life under Article 21 of the Constitution, not from a mental health perspective. By recognising the link between suicide rates and mental health, the bill is progressive in that it imposes a duty on the government to provide care, treatment and rehabilitation for a person with a mental illness and who has attempted suicide. However, the bill does not give any guidelines on how care and treatment should be provided for such vulnerable persons.

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What rights do women in India in relationships akin to marriage have?

July 17, 2013

The India at LSE Blog has featured a guest post by Jayna Kothari on the Madras High Court judgment of Aysha v Ozir Hassan.  This judgment had made headlines for suggesting that couples who have premarital sex can be considered to be married.  In her post,  Jayna argues that contrary to the popular understanding, this judgment strengthens the position of women in relationships akin to marriage.

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A difficult road to her roots

March 30, 2013

Chaya’s six-year-old legal battle to search for her roots came to a fruitful end this week. The Karnataka High Court allowed her petition and directed the police to investigate the details of her biological mother and the conditions under which she was given up for adoption by the orphanage. This article examines this case in the light of a person’s right to know her biological or genetic origins.

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Undermining the domestic violence law

March 9, 2013

The Protection of Women from Domestic Violence Act, 2005 aims to provide women with quick decisions on protection, residence, maintenance and child custody. This is an account of how the best intentions of the law are thwarted in the process of implementation.

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Working Paper: Moving Towards Autonomy and Equality: An Analysis of the New Mental Health Care Bill, 2012

January 1, 2013

India ratified the UN Convention on the Rights of Persons with Disabilities 2006 (UNCRPD) and the Optional Protocol to it in 2007.  The UNCRPD‘s objective is to protect and promote the rights of persons with disabilities from a social model unlike the earlier medical model of disability. It ensures that persons with disabilities become holders of rights rather than being objects of welfare measures and medical treatment (UN et al 2007). To that extent, ―the UNCRPD marks a paradigm shift in attitudes and approaches to persons with disabilities and views them not as objects of charity, ‘but subjects with rights'(Murthy 2010: 153).

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Folly of Mandating Spectrum Auctions

November 23, 2012

The author in her article elaborates on contrary stances taken on the allotment of spectrum. She concludes by suggesting that the government should play a greater role in deciding modes of allocation and that compelling any one mode of allocation as a constitutional mandate can never be in the interest of the larger common good.

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Horizontal Application of the Right to Education in India

September 13, 2012

This blog post summarises the arguments made on behalf of the Azim Premji Foundation by Jayna Kothari and Menaka Guruswamy in the Supreme Court regarding the constitutionality of the Right of Children to Free and Compulsory Education Act 2009.

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Jayna Kothari on the Future of Disability Law in India

April 10, 2012

Jayna Kothari has published The Future of Disability Law in India: A Critical Analysis of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act 1995 (Oxford University Press 2012).

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The Future of Disability Law in India: A Critical Analysis of Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1955

March 1, 2012

This book critically reviews the Persons with Disabilities (Equal Opportunities, Protection of Rights andFull Participation) Act of 1995 in India.

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When Sexual Harassment Law Goes East: Feminism, Legal Transplantation, and Social Change

November 4, 2011

Every legal system has its own story and unique experiences with the sexual harassment law. This article engages in a comparative study of sexual harassment in India and Israel, which seem to share a very similar trajectory. This article tracks the processes that shaped the reforms in both countries and uncovers significant similarities and differences in the Indian and Israeli sexual harassment law. It suggests that while the Israeli law is more robust in both its substantive scope and its enforcement, it has for this very reason, also experienced a significant backlash which is, interestingly not traced in the Indian context.

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Sexual Harassment Law Goes East

July 4, 2011

Jayna Kothari and Daphne Barak Erez have published an essay titled ‘When Sexual Harassment Law Goes East: Feminism, Legal Transplantation and Social Change’ (Stanford Journal of International Law, Issue 47, p. 177, 2011).

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Who Decides?

March 20, 2011

The author questions the Supreme Courts ignorance of the “Best Interests” test, where the patient’s best interests need to be kept in mind before making a judgment, in the Aruna Shanbaug case. She argues that such a ruling ignores the right to autonomy and self-determination of an individual and the judgment could, in future, affect the rights of those who are severely sick, disabled, and the elderly, adversely.

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The Child’s Right to Identity: Do Adopted Children have the Right to know their Parentage. NCRRF Report

May 9, 2010

The report deals with whether children have the right to know their biological identity in the context of Article 21 of the Indian Constitution. It questions whether the article is broad enough to encapsulate the right of identity and privacy for children who want to know their parentage and whether or not this right comes in conflict with rights of other individuals, like the right of the mother’s privacy and dignity.

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The UN Convention on Rights of Persons with Disabilities: An Engine for Law Reform in India

May 1, 2010

Jayna Kothari has published ‘The UN Convention on Rights of Persons with Disabilities: An Engine for Law Reform in India’ in the Economic and Political Weekly.

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Social Right Litigation in India: Developments of the Last Decade

August 6, 2007

Jayna Kothari has contributed a chapter titled ‘Social Rights Litigation in India: Developments in the Last Decade’, in Daphne Barak-Erez and Aeyal M. Gross (eds.), Exploring Social Rights: Between Theory and Practice (Hart Publishing, 2007).

The chapter brings to light the growing importance of economic and social rights as a part of Article 21 of the Indian Constitution. In examining the protection of social rights in India, this chapter analyses the role of litigation as a new strategy to fulfill the social rights laid down in the Indian Constitution focusing specifically on the right to housing, food and education cases over the last decade. The aim is to shed light on what has been achieved through social rights litigation and to extract some insights into the potential and limits of litigation as a strategy for advancing social rights.

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Criminal Law on Domestic Violence

November 5, 2005

This article analyses the role of the criminal law system in dealing with domestic violence. It argues that Section 498 A of the Indian Penal Code can only be effectively implemented if a new model of policing and a victim empowerment criminal law model is developed.

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Right to Public Health

April 30, 2005

The article is about a Public Interest Litigation filed in the High Court of Karnataka, Bangalore on the pitiable state of the government hospitals in Bangalore which are short of doctors, beds and equipment, thereby raising pertinent questions about public health being a right for people. The court, however, has taken up this issue quite seriously and this is very essential given the state of government hospitals now. One hopes that more pressure is applied to ensure quality in public healthcare because this is a basic constitutional right in a welfare state.

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Social Rights and the Indian Constitution

February 28, 2005

The paper critically examines what social rights are, the constitutional understanding of social rights, how social rights can be made justiciable, can be implemented, and enforced. The author looks at Supreme Court judgments, constitutional litigation, debates, and discussions around three specific rights: right to food, right to health, and right to education.

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A Right to Housing?

April 9, 2002

Jayna Kothari in this article explores the idea of whether the Right to Housing can be seen as a right in itself. She discusses the landmark Olga Tellis judgement and subsequent developments. She examines whether the right to housing exists in International Human Law and argues for the right to housing to be recognized both nationally and internationally.

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CLPR | Trans Law Quarterly | Issue II

September 7, 2020

    E D I T O R I A L We are still in…

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CLPR | Trans Law Quarterly | Issue I

June 10, 2020

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.

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A Wrong Turn in the Road to Equality

April 6, 2018

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.

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