Notes on Allyship
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.
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On abortion, Supreme Court has listened to Women
CLPR Executive Director Jayna Kothari writes for the Indian Express on the recent Supreme Court judgement which expanded the abortion rights of women and persons who require safe medical termination of pregnancies. She argued that the judgement upheld the right of all women and girls to make reproductive choices for themselves, without undue interference from the state. She emphasised that any deprivation of reproductive healthcare services negatively affects the dignity of women.
For Full Equality of Women, Marital Rape Exception Must Go
In this article published by the Indian Express, Jayna Kothari examines the recent split verdict by the Delhi High Court on the criminalisation of marital rape.
The Freedom of Marriage and Association and Prohibition of Crimes in the Name of ‘Honour’ Bill, 2022: A Draft
A legislation drafted by CLPR which provides the legal framework to prevent, investigate and adjudicate crimes in the name of ‘honour’ and protect individual liberty.
A Far-Reaching Verdict that Ends a Regressive Exception
In this article published by the Hindu, Jayna Kothari, examines the regressive exception to marital rape in light of the recent Karnataka High Court judgment.
Is the Supreme Court Cherry-picking its Gender Battles?
Jayna Kothari has contributed a chapter titled “Is the Supreme Court cherry-picking its gender battles? ” in Tanja Herklotz and Siddharth Peter de Souza, ” Mutinies for Equality: Contemporary Developments in Law & Gender in India” published by Cambridge University Press.
Priya Ramani verdict has expanded the law on sexual harassment
In this article published by Indian Express, Jayna Kothari, Senior Advocate & Executive Director at Center for Law and Policy Research argues that the recent Priya Ramani judgment has expanded the law on sexual harassment and provided the opportunity to widen the defences against defamation law. Most importantly, she states that now, victimisation should also be recognised as a form of sexual harassment and discrimination.
We don’t want your blood’ exclusion of Sexual Minorities from Blood Donation
In this blog post, Thulasi K. Raj argues that the exclusion of sexual minorities from blood donations is violative of non-discrimination under Articles 14 and 15.
Equality Bill 2021: Takes a New Step in Addressing Discrimination, Recognising Intersectionality & Promoting Equality.
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.
Why we can’t have laws curtailing the right to marry
In this article published by Deccan Herald, Jayna Kothari, Senior Advocate & Executive Director at Center for Law and Policy Research argued that proposed laws prohibiting the practice of ‘love jihad’ violate the constitutional guarantees of the right to life and liberty under the Article 21 of the Indian Constitution.
Should the age of marriage for women be raised to 21?
In this discussion published by The Hindu, Jayna Kothari commented that the law should declare the child marriages void rather than making it a criminal act.
Authorities haven’t internalised legislations
Writing for the Deccan Herald, Senior Advocate Jayna Kothari responds to recent controversy concerning Chief Justice of India, Ranjan Gogoi. With a review of the present state of justice when it comes to violence against women, she argues that the problem lies in implementation.
CJI Gogoi sexual harassment case: What can SC do to regain credibility after latest crisis?
Contributing to The Print’s Talk Point, Satya Prasoon argues that the Supreme Court of India must embrace “substantive due process”, in order to regain credibility. The Supreme Court is an credibility crisis after sexual harassment allegations were raised against the Chief Justice of India, Ranjan Gogoi.
‘A half-written promise’ | Jayna Kothari, Maya Unnithan & Siri Gloppen on Reproductive Rights
Jayna Kothari, Maya Unnithan and Siri Gloppen note how political parties have been virtually silent on sexual and reproductive rights policy, in the on-going 2019 general election. They urge political parties to “steer the public debate to [often overlooked] crucial issues”.
India’s Supreme Court is making landmark judgements in social change
In this article Jayna Kothari argues that – In the last few years, public interest litigation at India’s Supreme Court has brought significant wins for human rights—but success is best assured when litigation is linked to broader mobilization.
Beyond marriage and morals: State has no business seeking to control an individual’s sexual expression
In this article in The Times of India, Thulasi K. Raj and Kaleeswaram Raj argue that the judgment in Joseph Shine v. Union of India contributes to developing the doctrine of unprincipled criminalisation.
Child Marriage FAQs Brochures: Kannada
As part of our collaborative work with Centre for Reproductive Rights, we translated easy-to-understand FAQ Brochures on Child Marriage for our outreach in Karnataka. The brochure contains the relevant legal framework around Child Marriage in India.
Child Marriage Posters: Kannada
As part of our collaborative work with Centre for Reproductive Rights, we translated easy-to-understand Posters on Child Marriage for our outreach in Karnataka. The poster contains the relevant legal framework around Child Marriage in India.
Child Marriage Posters: English
As part of our collaborative work with Centre for Reproductive Rights, we disseminated easy-for-reference Posters on Child Marriage for our outreach. The poster contains the relevant legal framework around Child Marriage in India.
Child Marriage FAQs Brochure: English
As part of our collaborative work with Centre for Reproductive Rights, we disseminated FAQ Brochures on Child Marriage for our outreach. The brochure contains the relevant legal framework around Child Marriage in India.
Policy Brief on Child Marriage – By CLPR and CRR
What are the key challenges with child marriage law in India? What are the implementation gaps? Read CLPR and CRR’s Policy Brief on Child Marriage to know more about the challenges and policy recommendations.
This too is a right: the right to sexual privacy
In this article in The Hindu, Thulasi K. Raj argues that the right to sexual privacy is significant in the discussion on decriminalising adultery.
Law reform is needed to secure greater respect for adolescent sexual and reproductive autonomy
In this piece, Jayna Kothari and Payal Shah, analyse the Independent Thought judgment. They suggest policy and law reforms to translate this decision into respecting the bodily autonomy of every woman and girl.
Child Marriage before the Indian Supreme Court
A little more than a month ago, on 17th Oct 2017, in the Child Marriage and Marital Rape [Independent Thought vs Union of India] case the Supreme Court ruled that sexual intercourse or sexual acts between a man and his minor wife was marital rape. In legal terms the Supreme Court had read down Exception 2 to Section 375 of the Indian Penal Code. This exception had deemed that a man could not be accused of marital rape if he had marital intercourse with his minor wife as long as the wife was not below the age of 15. Reading down the exception now meant that this exception would not apply to cases where the wife was between 15yrs and 18yrs.
Disha Chaudhry wrote about the reasoning behind this judgement in the Oxford Human Rights Hub.
Article on the Supreme Court decision seeking to amend Section 2(q) of the Domestic Violence Act
In this Article published in the Kannada Daily, Prajaavaani, Jayna Kothari critiques the decision of the Supreme Court holding Section 2(q) of the Protection of Women from Domestic Violence Act, 2005, to be unconstitutional. The impugned section defines “respondents” under the Act to only include “adult males”, thus allowing aggrieved persons under the Act to file a case only against adult male relatives.
Jayna Kothari argues that provisions of the Domestic Violence Act are not meant to be construed as gender neutral. She elaborates how it is necessary and intentional that legal provisions on violence against women should apply only to males as perpetrators of such violence.
Temple entry: An issue of gender rights
In this article in the Deccan Herald, Thulasi K. Raj explains the issues of gender justice and religious freedom revolving around the Sabarimala case.
Special courts don’t follow Act provisions
This article, reviews the performance of Special Courts established under the Protection of Children from Sexual Offences (POCSO) Act 2012. Using empirical data, from a study conducted by the Centre for Law and Policy Research, the author exposes the failure of these courts in meeting their objective.
Karnataka fails her rape victims
Nina de Puy Kamp who interned with CLPR has an article on granting interim compensation to rape victims in Karnataka published Deccan Herald. (September 21,2015)
Sexual Offences Court on Trial: Neither Fast nor Just
This article provides an insight into the performance of fast track courts set up for sexual harassment in Karnataka. The authors analyse the performance of such courts on the basis of an empirical study conducted by them.
The Myth of Speedy and Substantive Justice : A Study of the Special Fast Track Courts for Sexual Assault and Child Sexual Abuse in Karnataka
Fast track courts have often been mooted as a solution to the extensive delays that plague the functioning of “normal” courts in India. In 2012 a special court to exclusively try cases of child sexual abuse under the “Protection of Children from Sexual Offences Act, 2012 (“POCSO”)” was set up. In 2013, the Karnataka state government set up 10 special fast track courts in the state only for trying cases of rape and sexual assault against women under Section 376, IPC.
Who is Tracking Fast Track Courts?
The Justice J.S Verma Committee Report had recommended the setting up of Fast Track courts for dealing with rape and sexual assault as a way to ensure speedy justice. In this article, the authors conducted a detailed study of the working of three such courts in Bangalore that were set up in December, 2013 and examine whether these courts live up to their objective. The article makes a case for the need for witness protection services, so as to safeguard the interests of the victim of sexual assault before and after they have provided evidence.
Legal Accountability of the Police in India
This report argues for the introduction of a judicial remedy in the form of a cause of action against police officers in their individual capacity for violations of constitutional rights. This recommendation was made in light of the government’s failure to implement the reforms mandated by the Supreme Court in Prakash Singh v. Union of India (2006) 8 SCC 1
Naz Foundation: Reading Down the Supreme Court
Sudhir Krishnaswamy proposes a reading down of the Supreme Court judgment in Suresh Kaushal v. Naz Foundation so that it would have the effect of encouraging prosecutors not to target consensual homosexual activity.
Sexual harassment in the Indian legal profession
In this article, Jayna Kothari has brought to light the manner in which guidelines on sexual harassment laid down by the Supreme Court in the Vishakha judgment are being flouted. She also talks about the inherent bias in the legal profession against women lawyers and the need to recognize such biases while interpreting the law in relation to sexual harassment.
What rights do women in India in relationships akin to marriage have?
The India at LSE Blog has featured a guest post by Jayna Kothari on the Madras High Court judgment of Aysha v Ozir Hassan. This judgment had made headlines for suggesting that couples who have premarital sex can be considered to be married. In her post, Jayna argues that contrary to the popular understanding, this judgment strengthens the position of women in relationships akin to marriage.
A difficult road to her roots
Chaya’s six-year-old legal battle to search for her roots came to a fruitful end this week. The Karnataka High Court allowed her petition and directed the police to investigate the details of her biological mother and the conditions under which she was given up for adoption by the orphanage. This article examines this case in the light of a person’s right to know her biological or genetic origins.
Undermining the domestic violence law
The Protection of Women from Domestic Violence Act, 2005 aims to provide women with quick decisions on protection, residence, maintenance and child custody. This is an account of how the best intentions of the law are thwarted in the process of implementation.
When Sexual Harassment Law Goes East: Feminism, Legal Transplantation, and Social Change
Every legal system has its own story and unique experiences with the sexual harassment law. This article engages in a comparative study of sexual harassment in India and Israel, which seem to share a very similar trajectory. This article tracks the processes that shaped the reforms in both countries and uncovers significant similarities and differences in the Indian and Israeli sexual harassment law. It suggests that while the Israeli law is more robust in both its substantive scope and its enforcement, it has for this very reason, also experienced a significant backlash which is, interestingly not traced in the Indian context.
Sexual Harassment Law Goes East
Jayna Kothari and Daphne Barak Erez have published an essay titled ‘When Sexual Harassment Law Goes East: Feminism, Legal Transplantation and Social Change’ (Stanford Journal of International Law, Issue 47, p. 177, 2011).
Criminal Law on Domestic Violence
This article analyses the role of the criminal law system in dealing with domestic violence. It argues that Section 498 A of the Indian Penal Code can only be effectively implemented if a new model of policing and a victim empowerment criminal law model is developed.
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Women’s Voice v. State of Karnataka & Ors | Hijab Ban Appeal in Supreme Court
CLPR on behalf of Women’s Voice, an organization which works specifically for rights of marginalized women filed a Special Leave Petition in the Supreme Court challenging the order dated 15.03.2022 passed by the Hon’ble High Court of Karnataka in Writ Petition No. 2347 of 2022. The Judgment not only held that the wearing of Hijab by Muslim women does not form a part of essential religious practice in Islamic faith, but also that the prescription of school uniforms which prohibit head scarves is a reasonable restriction and that it does not violate Articles 14, 15, 19(1)(a), and 21 of the Constitution of India, and that the Government Order dated 05.02.2022 which prohibits head scarves in universities is valid
Nausheen Bano v. State of Karnataka & Ors.
This Writ Petition was filed by a 24 years old married woman seeking permission of the High Court to terminate her pregnancy of over 30 weeks as the fetus suffered from multiple abnormalities. By order dated 31.10.2019, the Hon’ble High Court permitted the Petitioner to seek termination of her pregnancy, in recognition of her rights under Article 21 of the Constitution and the mental trauma that is likely to be caused to her on account of the fetal abnormalities, if the termination is not permitted.
Saraswati Kumar v. Lokesh Kumar
The present petition has been filed by Saraswati Kumar, a minor aged 15 years seeking annulment of her marriage under Section 3 of the Prohibition of Child Marriage Act, 2006 (PCMA) as it was solemnized when she was a minor and she was forcefully taken away from the custody of her parents.
Joseph Shine vs. Union of India
CLPR represented the intervenor Vimochana in the Supreme Court and challenged the constitutionality of the offence of adultery under Section 497 of the IPC. We argued against adultery as an offence by invoking the fundamental right to privacy and argued that the right to intimate association is a facet of privacy which is protected under the Constitution. The Supreme Court unanimously struck down Section 497 of the Indian Penal Code as being violative of Articles 14. 15 & 21 of the Constitution.
12th
Jan 2023
Northern Regional Consultation on the Freedom of Marriage and Association and Prohibition of Honour Crimes Bill, 2022
Read more
Venue Institute of Development Studies in Jaipur, Rajasthan
Time 10 am - 5 pm
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.
Read more25th
Aug 2022
Bergen Exchanges on Law and Social Transformation 2022
Venue Zoom
Time 6:30 PM to 7:30 PM
Jayna Kothari, Senior Advocate & Executive Director at CLPR, will be a speaker at Bergen Exchanges on Law and Social Transformation 2022, scheduled on 22nd to 26th August.
Read more20th
Jul 2021
Who’s on Trial Here? A deep dive into the Tarun Tejpal verdict
Read more
Venue Online
Time 6:30 P.M.-8:00 P.M.
India Today
Same Sex marriage hearing Day 10: Key Takeaways
Jayna Kothari, Executive Director at CLPR & senior advocate at the Supreme Court, alongwith other senior advocates for the petitioners argued that “marriage” should also include the larger bouquet of rights, including not just “cohabitation”, but also the “socio-legal recognition” of “marriage”.
India Today
Supreme Court reserves judgment on same-sex marriage
The ongoing Marriage Equality hearings (same-sex marriage petition) at the Supreme Court of India came to a close yesterday and the apex court has reserved its judgement on the case. Senior advocate and Executive Director of CLPR, Jayna Kothari, representing the petitioners, touched upon the Special Marriage Act 1954 being a law for freedom of choice in marriage.
South China Morning Post
Indian gay couples fight for same-sex marriage rights at Supreme Court
South China Morning Post reports on the petition filed by four gay couples at the Supreme Court of India to legally recognise same-sex marriages. Jayna Kothari, Executive Director at CLPR, gives her expert opinion on the road ahead for this petition.
Live Law
Enquiry On Sexual Harassment Allegations Against CJI Should Not Proceed In Complainant’s Absence
LiveLaw reports on two press statements released by civil society groups regarding the enquiry into sexual harassment allegations against CJI Gogoi. Senior Advocate Jayna Kothari’s name listed among others expressing solidarity with Complainant’s decision to withdraw from case.
The Role of Language in Shaping a Gender-Neutral World
Language is a structured system of communication, with the potential to not only shape…
Northern Regional Consultation on the Freedom of Marriage and Association and Prohibition of Honour Crimes Bill, 2022
CLPR participated in a two-day consultation on its draft ‘The Freedom of Marriage and Association…
A Queer-Trans Critique on Marriage Equality in India
On 14th December, the Supreme Court asked the Union to respond to a plea by an Indian and…
Gender in the Classroom
Gender is a construct created to differentiate between males and females based on a set…