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.
Go to linkJayna Kothari
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”.
Open PDF‘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 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.
Read moreIndia’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.
Read moreConstitutionality 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…
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