CLPR’s draft Equality Bill 2019 takes a new step in addressing discrimination experienced by people on the basis of caste, gender, religion, transgender and intersex identity, disability and other grounds. It aims to promote equality, prohibit different types of discriminatory conduct, provide adequate civil remedies and set up fora for redressal that are accessible and effective in addressing discrimination.
Jayna Kothari and Nina de puy Kamp write on Disabilities Law in the Wire.
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.
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.
In January 2018, the present Public Interest Litigation was brought under the Rights of Persons with Disabilities Act, 2016 (“RPD Act”) challenging the actions of the Respondent No. 1 in the appointment of LPG distributors vide Notification dated 17.08.2018. In its call for the selection of 238 LPG distributors in various districts of Karnataka, the Respondent No. 1 failed to reserve 5% of the distributorships, amounting to 11 spots, for persons with disabilities as mandated under section 37 of the RPD Act. Instead, only 6 positions were reserved which was less than even 3% of 238 distributorships.
This petition challenges the recruitment process of Karnataka Public Services Commission (Respondent No. 1) for the post of Inspector of Motor Vehicles and the provisional list of candidates released on 30.06.2017 selected for the said post, released by Respondent No. 1. The Petitioners are persons with hearing impairments who wished to apply for the said post.
This Public Interest Litigation was filed by the National Federation of the Blind (Petitioner) in the interest of persons with blindness, under the Rights of Persons with Disabilities Act, 2016 (“RPD Act”). The petition challenged Circular No. 469/2018 dated 06.06.2018 (“Impugned Circular”) issued by the Respondent No. 1, Bangalore Municipal Transport Corporation (“BMTC”), by which the facility of free passes for Vajra (Volvo) buses to persons with total blindness was withdrawn.
These petitions were filed against the Bangalore Development Authority (“BDA”) and the State of Karnataka…
Venue Bangalore International Centre
Time 9.30 AM - 5.00 PM
This conference aims to bring together prominent Sexual & Reproductive Rights (SRR) activists, academics and lawyers to evaluate the past, present and future of SRR work in India. Our objective is to draw attention to the issues that are often implicitly or explicitly excluded from the ambit of SRR.Read more
Venue NALSAR University of Law, Hyderabad -- 500101
Time 9.00 AM - 6.30 PM
On 16th and 17th February 2019, NSLR will hold its 1st Symposium. NSLR is the Student Law Review at NALSAR University of Law. The Symposium aims to improve the visibility and effectiveness of law as a tool to protect and promote public health in India from a human rights perspective.Read more
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.
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 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?
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 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.
In the run up to the 17th Lok Sabha Elections 2019, India’s major political parties have released their manifestos to woo the Indian electorates. In this blog post, Avinash Shahi critically explores the pledges committed by national political parties for the upliftment of marginalized groups, which routinely confronts deprivations and indignities.
On 26th March 2019, the Association of People with Disabilities (Disability Legislation Unit-South) in collaboration with the National Centre for Promotion of Employment for Disabled People (supported by Mphasis) conducted a regional seminar on The Rights of Persons with Disabilities Act, 2016 at the Indian Social Institute Bangalore.
In V Surendra Mohan vs. State of Tamil Nadu (2019), the Supreme Court upheld the State’s policy of restricting the eligibility of blind and deaf candidates for the reserved posts of civil judge to those with 40-50% of their respective disabilities.