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(IN)-EQUALITY in Private Actions

March 26, 2020

India has witnessed a rise in intolerance over the past few months. From intolerance towards dissent, housing decisions taken based on political leanings to violence towards minorities (religious or socio-economic), show a growing unease and divide in the citizens of India. These acts of violence, discrimination or unequal treatment can be divided into two categories.

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Atrocities against Scheduled Castes and Scheduled Tribes: What has changed since 2016?

March 24, 2020

Recently, the National Crime Records Bureau (NCRB) released the Crime in India Reports for 2017 and 2018 in quick succession, after drawing criticism for the inordinate delay in releasing these statistics. These reports are the primary source of data to track the incidence and reporting of crimes in India and the performance of the police and courts in investigating and adjudicating cases, including those related to crimes against Scheduled Castes (SCs) and Scheduled Tribes (STs).

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Conversations on Transgender Persons (Protection of Rights) Act, 2019

March 23, 2020

Transgender rights are at the forefront of gender inclusivity in India since the landmark decision of the Supreme Court in NALSA v. Union of India. These dialogues gained significant momentum when the Transgender Persons (Protection of Rights) Act, 2019 was enacted. Taking into consideration the vehement opposition to the legislation, CLPR held a community meeting “Conversations on Transgender Persons (Protection of Rights) Act, 2019” to discuss the legal issues and challenges to the law.  The meeting saw participation from the transgender community, lawyers, and human rights activists alike. Strong voices of Anindya Hajra, Vyjayanti Vasanta Mogli, Grace Banu and Akkai Padmashali guided the conversation through the various issues that are constitutionally and procedurally problematic.

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The Women’s Indian Association and Indian Constitutional Thought: Part II

March 16, 2020

In Part I, we looked at the Women’s Indian Association’s (WIA) involvement in constitutional negotiations with the British in the late 1910s. The WIA vociferously demanded equal voting rights for women – but the British did not budge.  During this time, Indian leaders were also demanding measures for greater levels of self-government. These too, the British dismissed. Indian legislators across the country were becoming restless.

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The Women’s Indian Association and Indian Constitutional Thought: Part I

March 8, 2020

Unlike the American constitutional founding – spearheaded by men, the Indian Constituent Assembly, that drafted the Indian Constitution, comprised women. Until recently, public memory had discarded the contribution or even the presence of these women. But what about the period before the formal constitution-making process?

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Status of implementation of POSH Act in Chennai’s Collectorate and its subordinate offices

February 24, 2020

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) which is considered to be of the better piece of legislation protecting women’s rights and dignity, seems to be so only on paper in the Chennai, especially in the Collectorate and its subordinate offices. The executive authorities appear uninterested in implementing this progressive law and awareness about this law is lacking among employers, employees, and workplaces including companies, shops, households, and government organizations alike. This scenario does not only hold for rural areas but also to the metropolitan city like Chennai.

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Freedom of the press: A Constitutional History

February 22, 2020

Last month the Supreme Court in Anuradha Bhasin v. Union of India dealt with the issue of continued internet shut down in Kashmir. While the Court did not direct the restoration of internet services, it recognised the internet as a mode to exercise one’s fundamental rights. The judgment also addressed the freedom of press claim: even though it was not encoded in the Constitution, the judgment reiterated the fundamental right to freedom of the press within Article 19 (1) (a). While freedom of the press is not explicitly mentioned in the Constitution of India, 1950, there were longstanding demands to make it a part of the constitutional text.

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Tackling Caste Discrimination Through Law: Lawyer Learning Session at Ernakulam

February 18, 2020

On 18 January 2020, CLPR organised a Learning Session for Lawyers on ‘Tackling Caste Discrimination Through Law’ in Ernakulam in association with the Kerala High Court Advocates’ Association. The workshop aimed at enabling and facilitating a better understanding of caste discrimination laws such as the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, The Protection of Civil Rights Act, and 1955, Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 (PEMSRA) as well as Equality Bill, 2020.

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Introducing Intersectionality | Course

January 9, 2020

The course uses academic writing, legal texts, commentaries, personal narratives, fiction and cultural texts to understand how intersectionality affects our study of the law, advocacy, and activism; how the law, legal studies and legal practice is transformed by intersectionality; and how intersectionality challenges, resists, and reimagines legal normativity.

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Last week at CLPR – 30th April to 5th May 2018

May 9, 2018

In association with Alternative Law Forum, Amnesty India, CIEDS Collective, Enfold India, Hidden Pockets, PUCL, Prochild Coalition, Campaign Against Death Penalty for Child Rape and SICHREM, CLPR organised a town hall meeting on 5th May 2018 at the Jain University Auditorium to discuss the Criminal Law (Amendment) Ordinance 2018.

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Last week at CLPR – 22nd to 23rd April 2018

May 2, 2018

CLPR participates in the Strategic Multi-Actor Round Table 2018 in Chennai On 23rd April 2018 to discuss issues related to strengthening the implementation of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (“Act”) and Rules in Tamil Nadu.

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Last Week at CLPR – 14th Jan – 20th Jan 2018

January 22, 2018

Last week at CLPR, we published in the Deccan Herald, Sudhir Krishnaswamy, Champaka Rajagopalan and Matthew Idiculla wrote about the RMP-2031 and the propagation of development that would result in urban sprawl. In the 2nd article on the subject they wrote in The Hindu about the gap between strategy and implementation and the disconnect between the BDA and the local communities.

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Last Week at CLPR: 7th Jan – 13th Jan 2018

January 16, 2018

Last Week at CLPR (7th-13th Jan 2018), Sudhir Krishnaswamy, Champaka and Matthew Idiculla wrote in the Deccan Herald about the impact of the draft Revised Master Plan (RMP) 2013 published by the Bangalore Development Authority (BDA). This plan contains regulations and zoning rules that will manage and shape growth of the 1,219 sqkm area under the BDA jurisdiction for the next 15 years and accommodates a projected population 24.7 million.

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Last Fortnight at CLPR: 17th Dec – 30th Dec

January 2, 2018

In the last fortnight of 2017 at CLPR we published an article on Subba Rao, a freedom fighter from the Rayalseema region and Constituent Assembly member from the Madras province, received formal education only till the 10th standard but went on to teach himself English, Kannada, Sanskrit, and Telugu.

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Last Week at CLPR: 10th Dec – 16th Dec

December 18, 2017

Last week CLPR continued its efforts to create awareness of the Constitution – by introducing summaries that trace the evolution of the Articles in the Indian Constitution. Efforts to track the present-day interpretation of the Constitution continued with the publishing of the hearings in the Aadhar Act and Parsi Woman Excommunication [Parsi Identity] cases, heard by the Supreme Court in the last week of the 2017 Winter Session.

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Last Week at CLPR: 3rd Dec – 9th Dec

December 11, 2017

Last Week at CLPR we continued with our daily reporting on the constitutionally relevant cases being heard by the Supreme Court (SCObserver). We also highlighted the relevance of a Constituent Assembly Debate that took place in the 1st week of December, and the far-reaching influence of a Constituent Assembly Member who participated in that debate (CADIndia).

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Last Week at CLPR: 26th Nov – 02nd Dec 2017

December 4, 2017

In the last week at CLPR the CADIndia team, who curate and maintain the Constituent Assembly Debates website (http://cadindia.clpr.org.in) focused on Nov 26th:  India’s National Law Day/Constitution Day.

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Last Week at CLPR: 12th November– 18th November, 2017

November 20, 2017

Weekly roundup of the last week at CLPR. The Supreme Court verdict in the Child Marriage and Marital Rape case, Karnataka State Policy for Transgender Persons, Children’s Day and hearings in the Special Status for Delhi case were discussed this past week.

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Reading the Constitution – Workshop at Mallya Aditi International School

October 25, 2017

A pre-requisite for citizens to critically engage with contemporary political, legal and social issues is an understanding and appreciation of India’s rich constitutional tradition. In this regard, civic education in India at various levels has failed. The Centre for Law and Policy Research (CLPR) bridges this gap through carefully conceptualized workshops that communicate India’s rich constitutional tradition to different audiences: schools, colleges, professionals and the general public.

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Last Week at Centre for Law and Policy Research: 8th-14th Oct 2017

October 16, 2017

The Centre for Law and Policy Research encourages and facilitates civic engagement with India’s Constitution through the CADIndia project and Supreme Court Observer. CADIndia promotes an understanding of the Indian Constitution by enabling easy and intelligent access to the Constituent Assembly Debates and the Indian Constitution at the centre of discussions on contemporary political and economic issues. The SCObserver website endeavors to make the workings of the Supreme Court accessible and understandable to the citizenry by translating the hearings and judgments of a few constitutionally relevant cases into everyday language.

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CLPR’s Monthly Talk: Professor Adam Feibelman

November 10, 2016

As part of its Monthly Talk Series, CLPR hosted Professor Adam Feibelman where he spoke about ‘The Promises And Perils Of India’s New Personal Insolvency And Bankruptcy Law’ where he discussed India’s new insolvency and bankruptcy regime.

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Justice Verma Commitee Report: A manifesto of change

March 7, 2013

On 23rd, January 2013 the Justice Verma Committee on amendments to Criminal Law, was constituted to look into possible amendments of the Criminal Law to provide for quicker trial and enhanced punishment for criminals committing sexual assault of extreme nature against women. It was constituted a few days after the brutal gang rape in Dehli on December 16, 2012. The urgency of the matter impelled the Committee to undertake the performance of the assigned task within the short span of 30 days, so the Committee has been facilitated in the task by an overwhelming response to the Public Notice, an oral consultation with the women’s social action groups and experts in the field.

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The Mental Health Care Bill 2012: An Overview

November 5, 2012

After India ratified the UN Convention on the Rights of Persons with Disabilities (UNCRPD) which came into force in 2008, there was a clear need to overhaul the existing disability laws in India to bring them in compliance with the UNCRPD. It is in pursuance of this that the Mental Health Act 1987 (“MHA”) is sought to be replaced the new Mental Health Care Bill 2012 (“2012 Bill”). This is a brief overview of the 2012 Bill.