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.
CLPR aims to produce four Resource Books covering the most important court decisions having an impact of the rights of the 4 target groups (women, persons with disabilities, transgender persons and Dalit I Adivasi persons) and disseminate the Resource Books in order to promote the awareness and access to their constitutional rights in partnership with the German Embassy.
The project’s intended beneficiaries constitute some of the most vulnerable and marginalized groups subjected to various forms of discrimination and inequalities. While legislative frameworks and important court decisions are passed, there is often a lack of awareness of these court developments, because many of the decisions are long and complicated and also non-accessible to the affected communities. Hence, it is necessary that there are comprehensive resource materials on the legal developments, especially Supreme Court and High Court judgements on the rights of these 4 target groups.
The primary goal of this project is to address the pervasive lack of awareness and in-depth understanding among vulnerable and marginalized groups regarding judicial decisions designed to protect their constitutional rights and to create a comprehensive Resource Books that will serve as a valuable tools for organizations dedicated to the welfare of each of these specific target groups, as well as those focusing on intersections between these groups.
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.
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.
