Jayna Kothari

Executive Director

jayna[dot]kothari[at]clpr[dot]org[dot]in

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

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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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.

India’s Compliance with Article 5.3 of the Framework Convention on Tobacco Control (FCTC)

June 30, 2015

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.

Constitutionality of the RTE Act: CLPR at the Supreme Court

March 18, 2014

In a second round of litigation in the Supreme Court around the Right of Children to…