Discrimination & Intersectionality

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.

This report is an effort by CLPR to compile all the important judgements and materials on the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities ) Act, 1989.

In this article published by Indian Law Review, Thulasi K Raj argues for a renewed interpretation of Article 15(2) in the light of the Supreme Court judgment in IMA case.

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.

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.

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.

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.

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.

In this article published by Asian Legal Conversations- Covid-19 website of Melbourne Law School, Thulasi…

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.

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.

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.

In the article in The Hindu, Thulasi K. Raj argues that the repatriation of Rohingya refugees by India violates both domestic and International law.

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.

In this NLSIR Online article (of two parts), Thulasi K. Raj and Maitreyi Hegde discuss the judgment in Joseph Shine v. Union of India and argue that while the judgment explored the transformative nature of the anti-discrimination provisions, its appreciation of the right to privacy was unsatisfactory.

In this NLSIR Online article (of two parts), Thulasi K. Raj and Maitreyi Hegde discuss the judgment in Joseph Shine v. Union of India and argue that while the judgment explored the transformative nature of the anti-discrimination provisions, its appreciation of the right to privacy was unsatisfactory.

Sudhir Krishnaswamy writes for The Print on the judgement in Dr. Subhash Kashinath Mahajan vs. The State of Maharashtra. Sudhir reviewed and assessed the judgment and public reaction to it. He argues that this case is bad in law and does not meet the standards of judicial decision making.