Tackling Caste Discrimination Effectively: At the Intersection with Disability, Gender, and Sexuality

The objective of this project was to better implement the laws relating to caste discrimination in India focusing on four Indian States of Karnataka, Tamil Nadu, Andhra Pradesh and Kerala with a focus on Dalit women, Dalit persons with disabilities and Dalit transgender persons and developing a legal recognition for discrimination which affects Dalit women, Dalit persons with disabilities and Dalit transgender persons.

The key interventions under this project included:

A new equality law that recognizes caste discrimination and intersectionality of gender, disability and sexuality is ready for introduction into the legislative process and a new curriculum for a course on intersectional equality exists and is introduced in law schools.

  1. Strategic Litigation for implementation of the existing law relating to caste discrimination that pays special attention to its intersectional context.
  2. Improved access to justice for marginalized communities by capacity building through lawyer networks and encouraging new civil society coalitions around intersectionality, which leads to reduction of caste discrimination.

The project was designed to have a direct impact on 6 target groups:

  • Lawyers in the 4 Target States of Karnataka, Tamil Nadu, Andhra Pradesh and Kerala
  • Judges from the High Courts and Lower Judiciary in the 4 Target States of Karnataka, Tamil Nadu, Andhra Pradesh and Kerala
  • CSOs working in the field of caste, gender, disability and transgender rights in each of the 4 Target States of Karnataka, Tamil Nadu, Andhra Pradesh and Kerala
  • Elected Members of the State Legislature in the 4 Target States of Karnataka, Tamil Nadu, Andhra Pradesh and Kerala
  • Government Officials in the 4 Target States of Karnataka, Tamil Nadu, Andhra Pradesh and Kerala
  • Students through a rigorous and comprehensive curriculum for understanding how caste marginalization affects the operation of law

Target Beneficiaries of the Project:

Persons from marginalized communities, i.e. Dalit persons which includes Dalit women, Dalit persons with disabilities and Dalit transgender persons nationally as well as marginalized communities in other Indian states whose lives are ultimately be affected by the project interventions and activities.

Key Stakeholders:

The key stakeholders and partners in this project included CSOs working on caste, gender, disability and sexuality in Karnataka, Andhra Pradesh, Tamil Nadu and Kerala. Through this project, we also collaborated with lawyers, bar associations and judges at a national level who are active change makers. Our primary stakeholders were the members of marginalized groups facing caste- based violence and discrimination and other intersectional forms of discrimination who inform  the advocacy, litigation and coalition efforts.

U.S. – India Comparative Constitutional Law 2.0

The project aimed at contributing to the emergence of a new generation of young Indian citizens who understand and appreciate the constitutional traditions of India and U.S.; have a sharp awareness of the place of the constitutional values like liberty, equality and fraternity in our everyday lives and are committed to promoting, propagating and protecting them; and will take on civic responsibilities and become active citizens. One of the main goals of the project was to ignite curiosity among the Indian students about the U.S. constitutional law and its history. 

This project facilitated and is a step towards building sustained partnerships and collaborations between the Indian and U.S. law schools. The workshops were attended by students, professors and US Consulate officials. A total of over 150 students attended the workshops. This included students from across various South Indian law schools including, Tamil Nadu Dr. Ambedkar Law University, Chennai; National University of Advanced Legal Studies, Kochi, Tamil Nadu National Law University, Trichy and National Law School of India University, Bangalore. 

Various eminent academics such as Prof Mark Tushnet, William Nelson Cromwell Professor of Law, Emeritus, Harvard Law School; Prof Stephen Gardbaum, MacArthur Foundation Professor of International Justice and Human Rights, UCLA School of Law; Prof Louise Tillin, Director, King’s India Institute and Professor of Politics, King’s College London; and Prof Arun Thiruvengadam, Professor of Law, National Law School of India University, Bangalore spoke at the workshops.  

The workshops were conducted on the following dates:

Workshop I : On 23 and 24 October 2021 with students of Tamil Nadu Dr. Ambedkar Law University, Chennai and University of California, Los Angeles.

Workshop II : On 30 and 31 October 2021, with students of National University of Advanced Legal Studies, Kochi and Seattle University School of Law.

Workshop III : On 13 and 14 November 2021 with students of Tamil Nadu National Law University, Trichy, St. Joseph’s College of Law, Bangalore; School of Law, Christ University, Bangalore; Karnataka State Law University, Symbiosis International University, Hyderabad and National Law University, Delhi.

Workshop IV : On 18, 20 and 21 January 2022 with students of National Law School of India University, Bangalore and Tulane University School of Law.

Pluralist Agreement and Constitutional Transformation (PACT)

Since October 2022, the Centre for Law and Policy Research (CLPR) is participating in a three-year long research project titled ‘Pluralist Agreement and Constitutional Transformation’ (PACT).

The project is led by Prof. Rochana Bajpai, SOAS as principal investigator with Vineeth Krishna, CLPR sering as a co-investigator. Other co-investigators are Dr. Nicholas Cole, University of Oxford, Dr. Udit Bhatia, University of York, and Dr. Prof. Sudhir Krishnaswamy, National Law School of India University.

The PACT project will create an advanced digital platform on the making of the Indian constitution (1950). The Indian Constituent Assembly (1946-49) met against the background of transfer of power from the British, partition, Hindu-Muslim blood-shed, and the largest mass migration in history. It is during these challenges and disagreements along the lines of religion, caste and linguistic differences that the constitution was drafted, a document that continues to shape contemporary politics.

This research will aim to draw lessons regarding the democratic legitimacy of constitutions from the Indian example, while analysing its unfulfilled potential for pluralism and democracy in the present. The research also aims to shed light on the role of collective practices of petition, debate, and protest by citizens and the marginalized in the making of constitutions, and their remaking over time.

Using the methodologies and software developed at Pembroke College by the Quill Project, the project will create an extensive digital record of the proceedings from 1946 to 1949 that led to the formation of the Indian constitution. Alongside these plenary debates of the Indian Constituent Assembly, the project will also include committee discussions, petitions, public responses and the wider debate of the period. This broad collection of sources will allow further study into the context of public opinion against which the Indian constitution was authored.

The Constitution Defenders Project

This project targets transgender persons, women and girls, persons with disabilities, and Dalit, Adivasi, and Bahujan communities, all of whom have historically faced social exclusion, discrimination, and lack of access to education, healthcare, and employment.

Recognizing this, the State has enacted laws such as the Transgender Persons (Protection of Rights) Act, 2019, Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, and Persons with Disabilities Act, 2016. However, many individuals remain unaware of their rights and face barriers in accessing legal services, including lack of resources, awareness of legal aid, and affordable legal representation.

The Constitution Defenders Project aims to enhance access to justice for these vulnerable groups in across India through:

  • Paralegal Training: Community members will be trained to assist with legal applications, RTI requests, interactions with police, welfare schemes, and authorities like Protection Officers and Disability Commissioners.
  • Constitution Defender Fellows: Young lawyers will undertake a 2.5-year fellowship to provide legal representation, hold legal clinics, conduct Know-Your-Rights sessions, and offer specialized legal assistance.

CLPR will mentor, support, and build the capacities of this cadre of paralegal volunteers and constitutional defender fellows in a sustained manner to ensure that marginalized groups have access to high-quality and effective legal services, thereby significantly improving their access to justice.

Strengthening Transgender Rights in India

CLPR concentrates on strengthening its work on transgender rights and contribute to the development of trans equality in India through three initiatives namely the Trans Law Cell, the Global Trans Law Database, and Know Your Rights and Entitlement Session (KYRE) and Roundtable Conference on Transgender Issues.

The South Asian Translaw Database supports law and policy engagement efforts by the transgender community, legal professionals, government officials and academics from the South Asian region and beyond. The Database includes, primary legislation & rules from international, national and provincial levels, policy documents created by governments and civil society, and court cases including court documents and decisions relevant to the rights of transgender, non-binary and intersex persons.

The Trans Law Cell is an initiative by CLPR that provides free legal aid and advice to the transgender community, and empowers members of the trans-community to better understand, and fight for, their rights. It is a free walk-in legal clinic which takes place every week on Tuesdays, between 5-6 PM. Besides matters of legal documentation, the Trans Law Cell is open to providing all and any kind of legal aid to transgender persons. The Cell has also provides legal advice to persons who wish to establish inclusive societies within corporate firms, to ensure that there is no discrimination based on gender and gender identity in corporate environments. The Trans Law Cell does not require prior registration or appointments.