At the Intersections of Caste and Gender

October 9, 2020 | Jayna Kothari

In this article published by the Thinking Republic, Jayna Kothari, Senior Advocate & Executive Director at Center for Law and Policy Research talks about the intersection of caste and gender highlighting the discrimination faced by Dalit and Adivasi trans persons. She also argues that the urgent for all activists, lawyers, researchers and civil society members to be intersectional in its approach to be able to understand the multidimensional discrimination faced by the persons at the intersections of race, caste, and gender identity.

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…

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…

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.

Kabeer C alias Aneera v. State of Kerala & Ors.

July 1, 2020 | Almas Shaikh

A Public Interest Litigation was filed in the Kerala High Court by Aneera Kabeer, a transgender person involved in mobilising persons in the transgender community for the purpose of achieving equal opportunities for the community. The Petition seeks various reliefs relating to transgender people during period of COVID-19 threat. The writ petition sought for measures by the state government for “the distribution of food ration, medicines, access to medical treatment, etc. to the transgender community in Kerala.”

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

Bar and Bench

Tackling Caste Discrimination Through Law: CLPR event conducted at Karnataka HC

February 3, 2020

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.

What do the Transgender Persons (Protection of Rights) Rules, 2020 say?

October 21, 2020 | Almas Shaikh

The Ministry of Social Justice and Empowerment, has been in a hurry to implement the Transgender Persons (Protection of Rights) Act, 2019 (the Act). Despite widespread protests, the Act was passed on 5th December 2019. Several petitions have been filed challenging the constitutional validity of the on the Act. Since then the Ministry has tried to operationalize the Act through the publication of the Rules. After releasing the draft rules in April 2020 and in August 2020; finally, on 25th September 2020, the Ministry notified the Transgender Persons (Protection of Rights) Rules 2020 (the Rules). The Rules seem to have tried to bridge the vast gap between the Act and the directions of the Supreme Court in NALSA v. Union of India.