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

Transgender Persons Bill 2018: “A law that defeats its purpose”

December 29, 2018 | Jayna Kothari

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

December 24, 2018 | Deekshitha Ganesan

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

November 22, 2018

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

Dr. Akkai Padmashali & Ors vs. Union of India

August 21, 2018 | Jayna Kothari

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.

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14th

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.

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News And Media

The Times of India

Kala Ghoda 2019 | Justice Chandrachud & Jayna Kothari | ‘If courts are vigilant, liberties will be safe’

February 11, 2019

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

January 5, 2019

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

December 29, 2018

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

January 10, 2019
Deekshitha Ganesan

One Step Forward and Two Steps Back on Transgender Rights

January 10, 2019 | Deekshitha Ganesan

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

December 23, 2018
Deekshitha Ganesan

CLPR releases Policy Brief on Implementing Reservations for Transgender and Intersex Persons

December 23, 2018 | Deekshitha Ganesan

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.

Section 377 and Beyond: A New Era for Transgender Equality?

July 3, 2019 | Jayna Kothari

Senior Advocate Jayna Kothari shares her perspective on the progress of transgender rights and equality in India. Beginning with the history of legal battles of the LGBTI and the campaign against Section 377 of the Indian Penal Code, she moves on to review the Supreme Court’s recent “trans-formation”by recognizing transgender identity. She concludes that criminal law and sexual assault in India is, “still gender specific. It only recognizes rape and sexual assault where the victim in defined as a ‘woman’. Thus, transgender persons facing sexual violence have no criminal remedy”.

Equality Bill 2019: Takes a New Step in Addressing Discrimination, Recognising Intersectionality & Promoting Equality.

June 11, 2019

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”

December 29, 2018 | Jayna Kothari

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

December 24, 2018 | Deekshitha Ganesan

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.

13th

Sep 2019

Transform 2019 | 3rd International Conference on Transgender Rights and the Law

Venue Bangalore International Centre (New Building) No. 7, 4th Main Rd, Stage 2, Domlur, Bengaluru, Karnataka 560071

Time 9.00 AM - 5.00 PM

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12th

Sep 2019

Art Competition | Transform 2019 | Submissions Open

Venue Centre for Law and Policy Research

Time Submissions accepted till midnight

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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 more

22nd

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 more

Deccan Chronicle

Madras High Court Reprieve for Three Transgenders

June 26, 2019

The Deccan Chronicle reports on a recent judgement by the Madras High Court regarding transgender inclusion in the police force. Addressing three writ petitions represented by CLPR, the case dealt with strict upper-age limits for transgender persons applying for the post of grade II police constable. 

Deccan Chronicle

Revealing Success Story of a Transgender

June 25, 2019

The Deccan Chronicle’s Yamuna R. speaks to transgender activist Grace Banu and senior advocate Jayna Kothari regarding transgender rights in India and reservation policies in public employment. 

Deccan Chronicle

Transgender seeks age relaxation up to 45 years

June 18, 2019

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

May 30, 2019

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.

The Draft National Education Policy, 2019 : Rights and Inclusion

June 28, 2019 | Dolashree Mysoor

The Draft National Education Policy, 2019 (DNEP) released by the government on May 31, 2019 has been described as a much needed attempt to overhaul the prevailing education system in India.  Despite the initial uproar about the alleged imposition of Hindi in the curriculum, the policy appears to have found a good balance between retaining the old and ushering in new changes. In this post, we only respond to two crucial issues.

Five Years Since NALSA: How Have the High Courts Fared?

June 25, 2019 | Saumya Dadoo

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

June 24, 2019 | Krithika Balu

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

June 11, 2019 | Avinash Shahi

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.