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 2020: Takes a New Step in Addressing Discrimination, Recognising Intersectionality & Promoting Equality.
CLPR’s draft Equality Bill 2020 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.
Section 377 and Beyond: A New Era for Transgender Equality?
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”.
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.
CLPR files petitions before KAT seeking reservations for transgender persons in Division Assistant posts in Karnataka
The Petition was filed challenging the Notification No. E(2) 7271/2018-19/PSC dated 11.02.2019 (hereinafter the Impugned Notification) calling for applications from eligible candidates to fill up posts of First Division Assistant (FDA) and posts of Second Division Assistant (SDA) of the Bangalore City Civil Court and the different District and Sessions Courts across the State, issued by the Respondent No. 1, seeking that separate reservations be provided for transgender persons.
Sai Rahul Vijayakumar v. The Registrar, Bharatiyar University & Anr.
The Hon’ble Madras High Court held, with respect to a petition for change of name and gender of a transgender person in educational documents, that on receipt of the application along with the fee of Rs.500, the Respondent No. 1 University should carry out the necessary change within a period of three weeks.
Madras High Court allows transgender applicants to write exam for Police Constable selections despite age bar
CLPR represented three transgender persons in appealing to the Madras High Court for the relaxation of the age bar for the post of grade II police constable.
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.
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
On 13th and 14th September 2019, CLPR will organise Transform, the 3rd International Conference on Transgender Rights.
Read more12th
Sep 2019
Art Competition | Transform 2019 | Submissions Closed
Read more
Venue Centre for Law and Policy Research
Time Submissions closed
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 moreNews Minute
LGBTQ: Time now to look for social equality
Deccan Chronicle reported Transform, the 3rd International Conference on Transgender Rights and the Law.
Deccan Chronicle
Madras High Court Reprieve for Three Transgenders
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
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
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.
Rajya Sabha Debates on the Transgender Persons (Protection of Rights) Bill 2019
The Transgender Persons (Protection of Rights) Bill 2019 was strategically introduced in the Rajya Sabha on 20th November 2019, being the Transgender Day of Remembrance, by the Minister of Social Justice and Empowerment, Mr. Thawarchand Gehlot. The Bill had previously lapsed after the dissolution of the Lok Sabha on account of the general elections and was reintroduced and duly passed by the Lok Sabha on 5th August 2019. This post captures the key debates held in the Rajya Sabha on the Bill.
The Draft National Education Policy, 2019 : Rights and Inclusion
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?
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.