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
Making Rights Real | Policy Brief
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
Jeeva M. v. State of Karnataka & Anr.
CLPR represented a transgender person seeking change of name and gender in school certificates and pre-university records before the Karnataka High Court.
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.
Events
22nd
Mar 2019
Intersex Persons Expert Committee | Intersex Persons and their Rights
This seminar was organised to discuss certain draft guidelines for the rights of Intersex Persons. Sr. Adv. Jayna Kothari attended the event as a resource person to provide guidance on the current legal framework affecting intersex persons, and to suggest future legal reform. CLPR Equality Fellows, I.R. Jayalakshmi and Krithika Balu also attended the seminar.
Read more14th
Apr 2019
CLPR | Sexual and Reproductive Rights in India | Social Movements and Legal Battles
This conference aims to bring together prominent Sexual & Reproductive Rights (SRR) activists, academics and lawyers to evaluate the past, present and future of SRR work in India. Our objective is to draw attention to the issues that are often implicitly or explicitly excluded from the ambit of SRR.
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.
Equality Bill 2019: Takes a New Step in Addressing Discrimination, Recognising Intersectionality & Promoting Equality.
CLPR’s draft Equality Bill 2019 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.
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.
Making Rights Real | Policy Brief
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.
Jeeva M. v. State of Karnataka & Anr.
CLPR represented a transgender person seeking change of name and gender in school certificates and pre-university records before the Karnataka High Court.
Grace Banu Ganesan v. State of Tamil Nadu & Ors.
This Public Interest Litigation filed by Grace Banu, a transgender rights activist, seeks the implementation of horizontal reservations for transgender and intersex persons in admission into educational institutions and public appointment in the State of Tamil Nadu.
KMV Monalisa & Ors. v. State of Telangana & Ors.
In 2018, CLPR 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.
14th
Apr 2019
CLPR | Sexual and Reproductive Rights in India | Social Movements and Legal Battles
Venue Bangalore International Centre
Time 9.30 AM - 5.00 PM
This conference aims to bring together prominent Sexual & Reproductive Rights (SRR) activists, academics and lawyers to evaluate the past, present and future of SRR work in India. Our objective is to draw attention to the issues that are often implicitly or explicitly excluded from the ambit of SRR.
Read more22nd
Mar 2019
Intersex Persons Expert Committee | Intersex Persons and their Rights
Venue Thoughtworks
Time 2.30 - 4.30 PM
This seminar was organised to discuss certain draft guidelines for the rights of Intersex Persons. Sr. Adv. Jayna Kothari attended the event as a resource person to provide guidance on the current legal framework affecting intersex persons, and to suggest future legal reform. CLPR Equality Fellows, I.R. Jayalakshmi and Krithika Balu also attended the seminar.
Read more09th
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 moreDeccan Chronicle
Transgender seeks age relaxation up to 45 years
The Deccan Chronicle reports on an ongoing case represented by CLPR, regarding relaxation of age for transgender persons applying for the post of Grade II Police Constable. Quoting Senior Advocate Jayna Kothari who is appearing on behalf of the petitioner Deepika, they note that no reason has been provided for such a strict upper age limit.
Al Jazeera
India’s transgender community celebrates victory, but needs more
Al Jazeera’s Chandni Doulatramani provides a detailed profile of Jeeva M., whose case against Karnataka State regarding name change in educational records was represented by CLPR’s senior advocate Jayna Kothari.
Bangalore Mirror
High Court for Gender Rights
Reporting for the Bangalore Mirror, Shyam Prasad S covers Justice S. Sujatha’s judgement in the Jeeva M. vs State of Karnataka & Anr. case. Describing it as a “significant trendsetter”, he quotes Senior Advocate Jayna Kothari on similar circumstances in 2013.
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.
Five Years Since NALSA: How Have the High Courts Fared?
Five years after the NALSA judgement, how have courts and government bodies fared in complying with the right to self-identify? This piece presents an analysis of cases in the High Courts which have dealt with self-identification of gender in employment, inclusion in the police force, and identification changes in educational certificates.
Breaking New Ground: Transgender Persons’ Fundamental Right to Marry
The fundamental right of transgender persons to marry individuals of their choice was recently affirmed by the Madras High Court in Arunkumar and Another. v The Inspector General of Registration and Ors. The High Court upheld a Hindu marriage between Arunkumar and Sreeja (a transwoman) which the Registrar of Marriages, Tuticorin had previously refused to register.… The Court looked beyond the facts of the case to address issues of self-determination, personal autonomy and freedom of self-expression, culminating in the recognition of transgender persons’ right to marry.
Equality Bill 2019 | May 15th Consultation
On 15th May, we organised a consultation on our Equality Bill 2019 (“Bill”) in Hyderabad. The CLPR team presented the provisions of the Bill and sought suggestions, inputs and feedback from the participants, which included various academics and members of civil society organisations working with marginalised groups. This blog post presents the key points of the consultation.
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!