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.
Discrimination & Intersectionality
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Our core focus in combating discrimination on the basis of disability, sex, gender identity and caste has resulted in high impact litigation and in depth, insightful social science research on intersectionality.
Our new approach is to view discrimination through the lens of Intersectionality and respond to caste–based discrimination in the context of gender, sexuality and disability.
Equality Bill 2020: Takes a New Step in Addressing Discrimination, Recognising Intersectionality & Promoting Equality.
CLPR’s draft Equality Bill 2020 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.
Intersections of Caste and Gender: Implementation of Devadasi Prohibition Laws
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
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.
Mohammed Areef Jameel & Anr. v. Union of India & Ors.
The Karnataka High Court has taken up a public interest litigation on relief measures during the COVID lockdown, ranging from access to food and essential items, access to medicines, animal welfare and parole for prisoners. In these ongoing PILs, CLPR has filed an Intervention Application on behalf of Ondede, an organisation working for the rights of transgender persons, and the Centre for Study of Social Exclusion and Inclusive Policy at the National Law School of India University, Bangalore, which works closely with SC/ST communities especially manual scavenging groups, tribal and forest-dwelling communities, slum dweller and other vulnerable groups.
Madhavan & 2 Others Vs The District Collector cum District Magistrate, Tiruvannamalai & 3 Others
The present case relates to a claim for rehabilitation and compensation on the death of a person in an act of caste-based violence.
Chandran U Vs the Tamil Nadu Veterinary and Animal Sciences University (TANUVAS) & 2 Others
This case deals with the admission of a student who completed the Vocational Stream in Class 12 to Respondent No. 1 TANUVAS. The Prospectus of TANUVAS for the academic year 2019-20 distinguished between students from Academic and Vocational Streams. Academic Stream students could apply for 4 of the courses offered by TANUVAS (B.Tech (Food Technology), B.Tech (Poultry), B.Tech (Dairy Technology) and B.V. Sc. & A.H.) while Vocational Stream students could only apply for the B.V. Sc. & A.H. course. Further, out of the 360 seats available for the B.V. Sc. & A.H. course, 5% of seats were reserved for vocational stream students and 95% were reserved for Academic Stream students.
Bhavika Pore v. Union of India & Anr.
The Centre for Law and Policy Research recently filed an intervening application on behalf of Swati Bidhan Baruah, lawyer and transgender activist, in a case titled Bhavika Pore v. Union of India. The Petitioner through this Petition is invoking the writ jurisdiction of the Hon’ble Supreme Court under Article 32 of the Constitution of India to direct the concerned authorities to fulfil their statutory obligations with regard to setting up/specifying special Human Right Courts in each district for the better protection of Human Rights and also to appoint a Special Public Prosecutor for the same, vis-à-vis section 30 and 31 of the Human Rights Act, 1993.
13th
Mar 2020
Conversations on the Transgender (Protections of Rights Act) 2019
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Venue D6, Dona Cynthia Apartments, 35, Primrose Road, Ashok Nagar, Bengaluru – 560025, India Ph No: 080 4091 2112
Time 2:00 P.M.-5:00 P.M.
28th
Feb 2020
Tackling Caste Discrimination through Law: Ernakulam Talks
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Venue M.K. Damodaran Memorial Hall, Golden Jubilee Chamber Complex, Kerala High Court Advocates Association
Time 9:30 A.M.-4:30 P.M.
27th
Jan 2020
CSO Network: Legal Training Workshop on Laws Addressing Caste Discrimination
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Venue Guruswamy Center, 10-2-277, B, E, West Marredpally Road, Nehru Nagar Colony, West Marredpally, Secunderabad, Telangana 500 026
Time 9.30 AM to 4.30 PM
18th
Jan 2020
Lawyers’ Network: Learning Session on Laws Addressing Caste Discrimination
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Venue M.K. Damodaran Memorial Hall, Golden Jubilee Chamber Complex, Kerala High Court Advocates Association
Time 9.30 AM to 5.30 PM
Bar and Bench
Tackling Caste Discrimination Through Law: CLPR event conducted at Karnataka HC
Bar and Bench reported the CLPR event on learning session for lawyers at the Karnataka High Court on the topic of ‘Tackling Caste Discrimination through Law”.
The interactive seminar had four sessions covering various topics such as The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989, Protection of Civil Rights Act, 1955: How can it be effectively used? Manual Scavenging and the Law, and the Karnataka Devadasi (Prohibition of Dedication) Act, 1982.
Radio Active - Cr 90.4 MHz
A Conversation with Trinetra Gummaraju | Radio Active covers our SRR conference
Shruti Sharada interviews Trinetra Gummaraju, who will speak at our conference on Sexual and Reproductive Rights conference, for RadioActive Cr 90.4 Mhz. Gummaraju will speak on the LGBTI+ panel.
CNN
Teenager beheaded in southern India in caste-based violence
The beheading of a 13 year old girl in Tamil Nadu is another example of caste based violence perpetuated against women. In this article CNN quotes Jayna Kothari who argues for looking at these crimes in an intersectional way: as caste and gender based violence.
Is it possible to be Trans, Legal, and Free?
The NALSA Judgment (2014) and the Navtej Johar Judgment (2018) both produced a subject of gender and sexuality in a present-in-history. Both judgments presumably did not announce the recognition of new identities but traced histories of identities built on sexual and gendered differences from ancient India onwards.
(IN)-EQUALITY in Private Actions
India has witnessed a rise in intolerance over the past few months. From intolerance towards dissent, housing decisions taken based on political leanings to violence towards minorities (religious or socio-economic), show a growing unease and divide in the citizens of India. These acts of violence, discrimination or unequal treatment can be divided into two categories.
Atrocities against Scheduled Castes and Scheduled Tribes: What has changed since 2016?
Recently, the National Crime Records Bureau (NCRB) released the Crime in India Reports for 2017 and 2018 in quick succession, after drawing criticism for the inordinate delay in releasing these statistics. These reports are the primary source of data to track the incidence and reporting of crimes in India and the performance of the police and courts in investigating and adjudicating cases, including those related to crimes against Scheduled Castes (SCs) and Scheduled Tribes (STs).
Conversations on Transgender Persons (Protection of Rights) Act, 2019
Transgender rights are at the forefront of gender inclusivity in India since the landmark decision of the Supreme Court in NALSA v. Union of India. These dialogues gained significant momentum when the Transgender Persons (Protection of Rights) Act, 2019 was enacted. Taking into consideration the vehement opposition to the legislation, CLPR held a community meeting “Conversations on Transgender Persons (Protection of Rights) Act, 2019” to discuss the legal issues and challenges to the law. The meeting saw participation from the transgender community, lawyers, and human rights activists alike. Strong voices of Anindya Hajra, Vyjayanti Vasanta Mogli, Grace Banu and Akkai Padmashali guided the conversation through the various issues that are constitutionally and procedurally problematic.