New OxHRH RightsUp Podcast! Discrimination Law (Part 3)

April 8, 2024

The last part in the discussion series with Professor Sandra Fredman on her latest monograph – Discrimination Law featuring Jayna Kothari, Executive Director of CLPR, Rosalie Abella, formerly a Justice of the Supreme Court of Canada, and Helen Mountfield KC, a barrister practising at Matrix Chambers in the UK and Principal of Mansfield College Oxford.

#Podcasts

New OxHRH RightsUp Podcast! Discrimination Law (Part 2)

March 23, 2024

The second part in the discussion series with Professor Sandra Fredman on her latest monograph – Discrimination Law featuring Jayna Kothari, Executive Director of CLPR, Rosalie Abella, formerly a Justice of the Supreme Court of Canada, and Helen Mountfield KC, a barrister practising at Matrix Chambers in the UK and Principal of Mansfield College Oxford.

#Podcasts

Marriage equality: Setbacks, silver linings

October 22, 2023 | Jayna Kothari

Writing in the Deccan herald, CLPR Executive Director Jayna Kothari, pens her thoughts on the latest Supreme Court ruling regarding the Marriage Equality case stating that the rejection of right to marry as a fundamental right is certainly a setback, not just to the queer community, but for everyone.

#OpinionPieces

The Dissenting Judgment Versus the Razing of Equality

November 25, 2022

Writing in The Hindu, Jayna highlights the intersectional nature of inequality and how the exclusion of socially backward classes from the EWS category is unconstitutional. She further argues that the exclusion of SC, ST, and OBC communities from reservations would amount to discrimination and a clear violation of the Indian Constitution.

#OpinionPieces

Notes on Allyship

October 12, 2022 | Rajeev Anand Kushwah

In this opinion piece, published by Gaysi, Rajeev Anand Kushwah explores the understanding of Allyship, exploring what constitutes effective allyship, and what support straight allies can extend to queer movements and communities.

#OpinionPieces

Pride Matters | Beyond Sec 377, the call for trans equality reaches a crescendo

July 12, 2022

In this article published by the Hindustan Times, Jayna Kothari highlights the need to support the transgender rights movement amidst the various human rights violations happening worldwide. In her piece, she says “Everyone needs to join the battle for trans rights, because the systemic changes required to put these basic rights in place would benefit everyone.”

#OpinionPieces

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.

#OpinionPieces

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.

#Reports

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.

#OpinionPieces

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.

#Articles

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.

#Articles

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.

#OpinionPieces

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.

#PolicyBriefs

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.

#OpinionPieces

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.

#PolicyBriefs

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.

#PolicyBriefs

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.

#Reports

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.

#Reports

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Ms. Ashwini Kamble & Ors. v State of Maharashtra & Ors.

May 8, 2024 | Anish Saha

A Public Interest Litigation (PIL) has been filed at the Bombay High Court (HC) against the Maharashtra government’s amendment to the state’s Right of Children to Free and Compulsory Education Rules 2011, exempting private unaided schools in the vicinity of government-supported schools from having to reserve their 25% seats for economically weaker and disadvantaged children.

Mr. Vaibhav Vyankatrao Kamble & Ors. v The State of Maharashtra & Ors.

April 27, 2024 | Anish Saha

A Public Interest Litigation (PIL) has been filed at the Nagpur Bench of Bombay High Court (HC) against the Maharashtra government’s amendment to the state Right to Education (RTE) Rules exempting private unaided schools in the vicinity of government-supported schools from having to reserve their 25% seats for economically weaker and disadvantaged children.

Dr. Rajshree Nagaraju v. Union of India and Ors.

April 2, 2024 | Anish Saha

Ms. Rajshree Nagaraju’s petition in the Supreme Court calls for a palliative care framework and recognition of its right in India. The petition asserts the right to die with dignity under Article 21 of the Constitution, urging for clarity on palliative care rights.

Vihaan Peethambar Vs. Manipal University & Ors.

January 8, 2024 | Anish Saha

A writ petition was filed by CLPR on behalf of Vihaan Peethambar which sought direction for universities in Karnataka to update degree certificates of Transgender Persons to reflect the change in their name & gender identity based on applications made by them without having to approach the Courts.

25th

Jan 2024

The Constitution Defenders Fellowship – Launch

Venue Karnataka High Court Unit, Hall No. 1

Time 1:45 pm - 2:30 pm

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10th

Feb 2023

CLPR Talks: Understanding Global Perspectives on Caste-Based Discrimination

Venue Centre for Law & Policy Research D6, Dona Cynthia Apartments, 35, Primrose Road, Ashok Nagar Bengaluru – 560025

Time 5 pm onwards

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30th

Aug 2022

Why (Queer) History Matters: The Politics of History

Venue Online

Time 12:30 PM

University of Bergen is organising "Why (Queer) History Matters: The Politics of History" an international and interdisciplinary conference on 29–30 August 2022.

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Times of India

PIL in HC asks state why pvt schools kept out of RTE ambit

April 25, 2024

Senior Advocate & Executive Director of CLPR, Jayna Kothari along with fellow advocates Deepak Chatap & Payal Gaikwad, filed a Public Interest Litigation (PIL) in the Nagpur Bench of Bombay High Court questioning the exclusion of private schools from the ambit of the Right to Education (RTE) Act, highlighting concerns over access to quality education.

Verdictum

If Husband Is Living A Good Life, Wife Cannot Be Asked To Lead A Deprived Life: Karnataka High Court While Enhancing Maintenance

September 19, 2023

The Karnataka High Court has held that if a husband is living a good life, wife cannot be asked to lead a deprived life. It has enhanced the amount of maintenance to the wife. Senior Advocate Jayna Kothari appeared on behalf of the respondent.

The Global Herald

India’s top court refers same-sex marriage recognition case to 5-judge bench | The World

March 17, 2023

India’s Supreme Court will begin hearings in April surrounding legal recognition of same-sex marriages. The Indian government had previously filed a motion opposing LGBTQI+ relationships because they were “not comparable with the Indian family unit “. Jayna Kothari from The Centre for Law and Policy Research tells The World it comes almost five years since the top court de-criminalised a colonial-era ban on gay sex.

CBC News

India may become the largest country to legalize same-sex marriage. Here’s how that could happen

March 17, 2023

A landmark case to legalize same-sex marriage is about to start in India’s highest court. The decision won’t just affect the country’s 1.4 billion residents — it could have global implications and set a precedent in Asia. Jayna Kothari, Senior Advocate and Executive Director of Centre for Law and Policy Research gets interviewed about the petition and gives her insight on how this will affect the rights of the LGBTQIA+ in India.

New York City’s Bold Crackdown on Body Shaming

January 30, 2024

This blog post explores New York City’s recent legislation that prohibits height and weight discrimination, appreciating its positive impact while questioning how effective it would be when it comes to the fashion industry.