The Freedom of Marriage and Association and Prohibition of Honour Crimes Bill, 2022: A Draft Legislation for Tackling Crimes in the Name of ‘Honour’ and Protecting Individual Liberty

May 17, 2022

The Freedom of Marriage and Association and Prohibition of Honour Crimes Bill 2022 is a A Draft Legislation prepared by CLPR for Tackling Crimes in the Name of ‘Honour’ and Protecting Individual Liberty. It provides the legal framework to prevent, investigate and adjudicate crimes in the name of ‘honour’.


Recognising caste-based violence against women

June 1, 2021

In this article published by The Hindu, Jayna Kothari, Senior Advocate & Executive Director at Center for Law and Policy Research argues that how the recent Supreme Court judgment in Patan Jamal v. State of Andhra Pradesh missed an opportunity to use the concept of intersectionality to uphold the conviction under the Prevention of Atrocities Act (PoA) 1989. Despite highlighting the need for an intersectional approach that takes into account the multiple marginalities faced by the victim, the apex court failed to set a larger precedent recognising caste-based violence against women.


Equality Bill 2021: Takes a New Step in Addressing Discrimination, Recognising Intersectionality & Promoting Equality.

January 8, 2021

CLPR’s draft Equality Bill 2021 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.


UP anti-conversion law amounts to discrimination and a violation of the right to equality

December 19, 2020 | Jayna Kothari

In this article published by Indian Express, Jayna Kothari, Senior Advocate & Executive Director at Center for Law and Policy Research argues that new UP Prohibition of Unlawful Conversion of Religion Ordinance 2020 leads to serious violation of the right to equality based on religion. She also adds that there is no evidence to support the argument of harms if any, of inter-faith marriages.


Situating Access to Justice During COVID-19: India’s Business and Human Rights Obligations

September 30, 2020 | Almas Shaikh

In this paper published by Socio-Legal Review, Almas Shaikh writes about India’s obligations under the UN Guiding Principles on Business and Human Rights (UNGPs). Focusing on the 3rd pillar, access to remedy, She shows the specific need for an accessible framework to address business and human rights violations, especially in the context of COVID-19.


Trans Equality in India : Affirmation Of The Right To Self-Determination Of Gender

September 28, 2020 | Jayna Kothari

In this paper published by NUJS Law Review, Jayna Kothari, Senior Advocate & Executive Director argues that the verdicts in NALSA and Navtej had the negligible impact on preventing deprivation of basic rights and legal recognition for the transgender community. She examines how the right to life also includes the right to bodily integrity which precludes the reliance of a medical model to decide gender identity, as is required in Indian law at present, and examines Indian and comparative jurisprudence on this issue.


Reservation as a political imperative

September 18, 2020

In this article published by Frontline, co-authored by Thulasi K Raj along with Kaleeswaram Raj & Bastian Steuwer, they argue that even though a right to the reservation may not be culled out from the equality code of the Constitution, it nevertheless remains a significant political and moral duty.


The Intersection of Disability and Caste

July 20, 2020 | Jayna Kothari | Almas Shaikh | Aj Agrawal

This Policy paper explores the importance of the intersections of disability and caste. The authors argue that to address the fulfillment of basic social rights of employment, education, housing & health for the most vulnerable, there is need to look at people from inter sectional perspective. The Policy paper also recommends empirical research and data collection to understand depth of the socio-economic deprivation faced by Dalits/Adivasi persons with disabilities, need of inter sectional approach in policy and welfare schemes, need of Anti-discrimination law and also for social movements to work together for overall welfare of marginalized sections of the society.


Why India needs an equality law

June 3, 2020 | Jayna Kothari

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.


Tackling Caste Discrimination Through Law: A Policy Brief on Implementation of Caste Discrimination Laws in India

This Policy Brief reviews the status of implementation of the three important legislations addressing caste discrimination in India namely, the Protection of Civil Rights Act, 1955, the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, and the Prohibition of Employment of Manual Scavengers and their Rehabilitation Act, 2013 in Andhra Pradesh, Karnataka, Kerala and Tamil Nadu.


Intersections of Caste and Gender: Implementation of Devadasi Prohibition Laws

November 25, 2019 | Jayna Kothari | Deekshitha Ganesan | Jayalakshmi

CLPR’s policy brief on the Devadasi practice in States like Tamil Nadu, Karnataka, Andhra Pradesh and Maharashtra investigates the prevalence of the practice and reviews the implementation of legislations prohibiting the practice. The policy brief pays close attention to the intersectional discrimination faced by Devadasi women due to their caste, class, and gender and suggests a range of recommendations from statutory amendments to regular empirical studies and training programmes to strengthen the working of the legislations.


Intersectionality: A Report on Discrimination based on Caste with the intersections of Sex, Gender Identity and Disability in South India

August 8, 2019

CLPR’s report collates the life experiences of intersectional discrimination in the four South Indian States of Andhra Pradesh, Karnataka, Kerala, and Tamil Nadu to understand the relationship between different intersecting identities and various sites of discrimination. The report finds that individuals who fall at the intersection of multiple identities face aggravated forms of discrimination in their daily lives. These gaps in the legal landscape are best addressed by a single and comprehensive equality legislation that adopts a broad approach and imposes positive equality duties on the State and private actors.


Findings of the CLPR’s Research on Intersectional Discrimination

November 28, 2018 | Deekshitha Ganesan

CLPR has conducted qualitative and quantitative research on discrimination faced by persons at the intersection of caste with gender, gender identity and disability. We presented the preliminary findings of the study on 21 November 2018 at a consultation organised with community members and other stakeholders. CLPR intends to prepare and publish a detailed report on the methodology and results of the study shortly.


A Critique of the Draft Equality Bill

August 3, 2016 | Dr. Sudhir Krishnaswamy

This article is a comment on the Draft Equality Bill, 2016 drafted by Tarunabh Khaitan. It focuses on two central issues. The first is the very concept of equality the Bill propounds and its conflict with other rights guaranteed under the Constitution. The other, is the standard of judicial review envisaged under the bill. It casts doubt on the premise that a court centric model of achieving equality is the best way to achieve equality in a country where millions do not have access to justice.


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Bar and Bench

Examine how Horizontal Reservation can be provided for Transgender persons in public employment: Karnataka High Court

January 6, 2021

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

Karnataka HC Seeks Govt Response On Plea Seeking Horizontal Reservation For Transgenders Instead Of OBC Reservation

October 21, 2020

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 and Bench

Give reasons for delay in filing charge sheets for offences under SC/ST Act, conduct regular training for officers: Karnataka HC

September 17, 2020

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 and Bench

Karnataka HC directs KPSC, State to consider granting extra time of 20 mins per hour to visually impaired students

September 2, 2020

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

The Need for a Law on Honour Crimes

May 13, 2022 | Mansi Singh

Last month, a Special Court at Madurai convicted 10 of committing an honour crime in Tamil Nadu. The verdict led to renewed demands for a separate legislation that targets the heinous acts known as ‘honour killings’. This piece outlines the current legal framework for dealing with such acts and how a targeted law will be better equipped to ensure their deterrence. 

Dalit Atrocities in the Name of ‘Honour’

April 14, 2022

Dr Ambedkar firmly believed that intermarriage is one of the ways to break caste hierarchies. But today’s reality and data show the other picture. In India where 1/6th of the population is Dalit, the atrocities against Dalit persons have been increased by 9.3% in the year 2020. ‘Honour crimes’ are one of the major atrocities faced by Dalits in our country.

Tracing the Progress of Government Schemes Towards Eradication of Manual Scavenging

April 1, 2022

Manual scavenging has been banned in India since 1993 and is currently prohibited under the ‘The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013’ (the ‘Act’). The Act mandates the provision of safety equipment and gear for workers engaged in hazardous cleaning, and also a shift towards mechanization of cleaning septic tanks, sewers, and other spaces. This blog post delves into the lack of provision of safety equipment and traces the progress of complete mechanization while focusing on certain schemes of the Government, to enable the eradication of manual scavenging.

Non-Heteronormative Ideas of Love and Family in India

March 16, 2022 | Krutika Dudharejiya

In India, the idea of marriage is associated with several patriarchal rituals/norms which act as an institution to strengthen existing norms. Upholding a traditional family structure and therefore, the perpetuation of heterosexual normativity is still prevalent. The existence of ‘honor killing’ shows that any deviance is met with dire consequences.