Jayna Kothari criticizes the Transgender Persons Bill 2018, stating that it is “a law that defeats its purpose”. She emphasizes that it does not provide transgender and intersex persons with positive rights and ignores the protections provided by the Supreme Court in NALSA, 2014.
Database
A database for Indian and South Asian Trans rights legal resources
Transgender Rights
- Publications
- Litigation
- Events
- News & Media
- Blog
Since 2015 we have engaged in path breaking litigation and law and policy research that shapes the field of transgender rights in India.
The Transgender Rights movement is active in the form of grass roots advocacy, legal research and focused litigation. CLPR has been leading litigation efforts in the Supreme Court and High Courts, providing legal support at the ground-level and creating awareness in the academic and public spheres.
Transform
International Conference on Transgender Rights and the Law.
Transgender Identity & The Law Course
An elective university course on transgender identity and the law.
Publications
Policy Brief on Implementing Reservations for Transgender and Intersex Persons
CLPR’s policy brief develops a comprehensive and functional strategy for the implementation of reservations for transgender and intersex persons in educational institutions and public employment. In order to implement reservations, we must address three principal issues: identification of beneficiaries of reservations, legal basis for reservations and the appropriate form of reservations.
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.
Litigation
KMV Monalisa & Ors. v. State of Telangana & Ors.
In 2018, Ashira Law filed a Public Interest Litigation before the High Court of Telangana on behalf of transgender rights activists seeking implementation of the Supreme Court’s directions in NALSA v. Union of India.
Dr. Akkai Padmashali & Ors vs. Union of India
CLPR represented Dr. Akkai Padmashali, Uma Umesh, and Suma M in the Supreme Court to challenge Section 377 of the IPC. The Supreme Court held Section 377 as unconstitutional to the extent that it criminalised consensual sexual activity of any kind between adults. It was further held that the provision was manifestly arbitrary and violative of an individuals right to autonomy.
PIL Challenging the Constitutionality of the Telangana Eunuchs Act, 1919
On behalf of three transgender activists, CLPR, represented by Jayna Kothari and Disha Chaudhari, filed a Public Interest Litigation challenging the constitutional validity of the Telangana Eunuchs Act, 1919 in the Andhra Pradesh High Court at Hyderabad.
Events
09th
Feb 2019
Kala Ghoda 2019 | Hon’ble Justice DY Chandrachud w/ Sn. Adv. Jayna Kothari
At the Kala Ghoda Festival 2019, Honourable Justice Dr. D Y Chandrachud will be in conversation with Senior Advocate and CLPR Executive Director Jayna Kothari. They will discuss the recent Section 377 judgment, where the Supreme Court decriminalised sexual relations between same-sex and between transgender consenting adults.
Read more21st
Dec 2018
Release of Policy Brief on Reservation for Transgender and Intersex Persons in Education and Public Employment
CLPR’s policy brief on reservations for transgender and intersex persons proposes the manner of implementation of reservations for the community. The policy brief suggests the way forward in implementing horizontal reservations.
Read moreNews And Media
The Times of India
Kala Ghoda 2019 | Justice Chandrachud & Jayna Kothari | ‘If courts are vigilant, liberties will be safe’
The Times of India covers the Honourable Justice DY Chandrachud’s panel at the Kala Ghoda Arts Festival 2019. Justice Chandrachud was in conversation with Senior Advocate and CLPR Executive Director Jayna Kothari. They spoke about the value of the Constitution and the role of the Supreme Court in interpreting it.
Business Standard
Bitter Bill
Nikita Puri describes how the trans community is furious with the new Transgender Persons Bill 2018. She interviews CLPR Executive Director and Senior Counsel, Jayna Kothari for a closer analysis of how the Bill fails the community.
Bloomberg Quint
Why Activists call the Transgender Bill Shameful
Erwin Fernandes interviews Jayna Kothari for Bloomberg Quint on The Transgender Persons (Protection of Rights) Bill, 2018. The Lok Sabha passed the Bill in December 2018. In reaction, the trans community led nation-wide protests, criticising the Bill for failing to protect their interests.
Blog
One Step Forward and Two Steps Back on Transgender Rights
The Rights of Transgender Persons Bill, 2014 [“2014 Bill”] was passed as the first private member Bill in four decades in April 2015. Subsequently, the Transgender Persons (Protection of Rights) Bill, 2018 [“2018 Bill”] was passed on 17 December 2018 despite fervent objections from the transgender community regarding its problematic provisions. The 2018 Bill, which is currently before the Rajya Sabha, is a volte face on the rights that were guaranteed in the 2014 Bill.
CLPR releases Policy Brief on Implementing Reservations for Transgender and Intersex Persons
On 21 December 2018, CLPR released its policy brief ‘Making Rights Real: Implementing Reservations for Transgender and Intersex Persons’ at the Bangalore International Centre. The policy brief was released by Hon’ble Mr. Justice L Narayana Swamy of the Karnataka High Court.
Transgender Persons Bill 2018: “A law that defeats its purpose”
Jayna Kothari criticizes the Transgender Persons Bill 2018, stating that it is “a law that defeats its purpose”. She emphasizes that it does not provide transgender and intersex persons with positive rights and ignores the protections provided by the Supreme Court in NALSA, 2014.
Policy Brief on Implementing Reservations for Transgender and Intersex Persons
CLPR’s policy brief develops a comprehensive and functional strategy for the implementation of reservations for transgender and intersex persons in educational institutions and public employment. In order to implement reservations, we must address three principal issues: identification of beneficiaries of reservations, legal basis for reservations and the appropriate form of reservations.
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.
The Supreme Court trans-formed
Jayna Kothari, Executive Director at CLPR and Advocate, Supreme Court of India, writes in The Hindu. In this article, she examines Navtej Johar judgment’s special relevance for transgender rights: the contributions of the trans community to this outcome and how the judgment takes transgender rights forward.
Grace Banu Ganesan v. State of Tamil Nadu & Ors.
This Public Interest Litigation seeks the implementation of horizontal reservations for transgender and intersex persons…
KMV Monalisa & Ors. v. State of Telangana & Ors.
In 2018, Ashira Law filed a Public Interest Litigation before the High Court of Telangana on behalf of transgender rights activists seeking implementation of the Supreme Court’s directions in NALSA v. Union of India.
PIL Challenging the Constitutionality of the Telangana Eunuchs Act, 1919
On behalf of three transgender activists, CLPR, represented by Jayna Kothari and Disha Chaudhari, filed a Public Interest Litigation challenging the constitutional validity of the Telangana Eunuchs Act, 1919 in the Andhra Pradesh High Court at Hyderabad.
Dr. Akkai Padmashali & Ors vs. Union of India
CLPR represented Dr. Akkai Padmashali, Uma Umesh, and Suma M in the Supreme Court to challenge Section 377 of the IPC. The Supreme Court held Section 377 as unconstitutional to the extent that it criminalised consensual sexual activity of any kind between adults. It was further held that the provision was manifestly arbitrary and violative of an individuals right to autonomy.
09th
Feb 2019
Kala Ghoda 2019 | Hon’ble Justice DY Chandrachud w/ Sn. Adv. Jayna Kothari
Venue David Sassoon Library, Kala Ghoda, Fort, Mumbai, Maharashtra 400001
Time 6.30 PM to 8.00 PM
At the Kala Ghoda Festival 2019, Honourable Justice Dr. D Y Chandrachud will be in conversation with Senior Advocate and CLPR Executive Director Jayna Kothari. They will discuss the recent Section 377 judgment, where the Supreme Court decriminalised sexual relations between same-sex and between transgender consenting adults.
Read more21st
Dec 2018
Release of Policy Brief on Reservation for Transgender and Intersex Persons in Education and Public Employment
Venue Bangalore International Centre Stage 2, Domlur Bangalore, Karnataka - 560071
Time 5.30 PM to 8.00 PM
CLPR’s policy brief on reservations for transgender and intersex persons proposes the manner of implementation of reservations for the community. The policy brief suggests the way forward in implementing horizontal reservations.
Read more11th
Oct 2018
Shaping Law. Shaping Gender – Experiences from India
Venue Humboldt University of Berlin
Time
Jayna Kothari participated in the Interdisciplinary Workshop held on 11 – 13 October 2018 at Humboldt University of Berlin. She was one of the panelists in ‘Systems of Inequality’ and presented her paper titled ‘Is the Supreme Court Cherry Picking its Gender Battles?’
Read more05th
Oct 2018
Governance Now
Constitutional morality is rooted in the constitution: Justice DY Chandrachud
Governance Now summarizes Justice DY Chandrachud’s panel at the Kala Ghoda Arts Festival 2019. Justice Chandrachud was in conversation with Senior Advocate Jayna Kothari. They discussed the Constitution, landmark Supreme Court judgments such as the Section 377 one and constitutional morality.
The Times of India
Kala Ghoda 2019 | Justice Chandrachud & Jayna Kothari | ‘If courts are vigilant, liberties will be safe’
The Times of India covers the Honourable Justice DY Chandrachud’s panel at the Kala Ghoda Arts Festival 2019. Justice Chandrachud was in conversation with Senior Advocate and CLPR Executive Director Jayna Kothari. They spoke about the value of the Constitution and the role of the Supreme Court in interpreting it.
Live Mint
Live Mint on Kala Ghoda 2019: Justice Chandrachud & Jayna Kothari in conversation
In celebrating Kala Ghoda turning 20 this year, Senior Advocate Jayna Kothari describes some of the highlights of this year’s festival, including the panel on the Supreme Court’s Section 377 judgment. The Section 377 panel will feature Honourable Justice DY Chandrachud in conversation with Senior Advocate Jayna Kothari.
Business Standard
Bitter Bill
Nikita Puri describes how the trans community is furious with the new Transgender Persons Bill 2018. She interviews CLPR Executive Director and Senior Counsel, Jayna Kothari for a closer analysis of how the Bill fails the community.
South Asian Translaw Database | Beta version is now live!
The South Asian Translaw Database is a database to collate and present case laws, legislation, policies, and reports pertaining to transgender rights in the South Asian region. The beta version of our database is ready and we are very keen to receive comments and feedback!
One Step Forward and Two Steps Back on Transgender Rights
The Rights of Transgender Persons Bill, 2014 [“2014 Bill”] was passed as the first private member Bill in four decades in April 2015. Subsequently, the Transgender Persons (Protection of Rights) Bill, 2018 [“2018 Bill”] was passed on 17 December 2018 despite fervent objections from the transgender community regarding its problematic provisions. The 2018 Bill, which is currently before the Rajya Sabha, is a volte face on the rights that were guaranteed in the 2014 Bill.
CLPR releases Policy Brief on Implementing Reservations for Transgender and Intersex Persons
On 21 December 2018, CLPR released its policy brief ‘Making Rights Real: Implementing Reservations for Transgender and Intersex Persons’ at the Bangalore International Centre. The policy brief was released by Hon’ble Mr. Justice L Narayana Swamy of the Karnataka High Court.
Call for Consultant: Constitutional and Civic Citizenship Project
Centre for Law and Policy Research (CLPR) is a not-for-profit organization dedicated to making the…