Earlier this year, the Delhi High Court began hearing petitions challenging the constitutionality of the marital rape exception to section 375 of the Indian Penal Code. The conscious leaving out of marital rape from criminalization via the country’s rape law has effectively ensured that rape within marriage is legal or more precisely – rape within marriage does not exist. This blog post attempts to capture the arguments in favor of removing this exception to marital rape.
India has enacted several legislations due to its international commitments. The Rights of Persons with Disabilities Act 2016 was enacted to comply with the United Nations Convention on the Rights of Person with Disabilities. The Protection of Human Rights Act 1993 refers to human rights as outlined in the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social, and Cultural Rights (ICESCR).
We are excited to announce the joining of two Equality Fellows: Shahenaz Begum and Priyanka S Bhat.
We have previously discussed how algorithmic systems which are used in decision-making implicate different legal norms, from data protection to intellectual property. This post examines an important emerging area of interaction between legal systems and algorithms – discrimination and equality law.
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).
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.
On 10th January, 2020, CLPR organised “Tackling Caste Discrimination Through the Law”, a training workshop for civil society organisations and activists working on issues of caste discrimination in various parts of Tamil Nadu.
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.
As part of its work on equality and non-discrimination, CLPR conducted a study on experiences of intersectional discrimination in South India between May – November, 2018. The objective of the study was to understand the relationship between different intersecting identities and various sites of discrimination such as educational institutions, workplaces, police stations, and public transport.
– Aadhirai S, Deekshitha Ganesan and Jayna Kothari India has a robust Constitution and…
On April 14th and 15th, we hosted the ‘Sexual and Reproductive Rights: Social Movements and Legal Battles’ conference, in collaboration with the University of Bergen, Norway and the University of Sussex at the Bangalore International Centre (see the full agenda here). The conference aimed to bring together prominent activists, academics and lawyers to discuss important issues and approaches that have developed in sexual and reproductive rights (SRR) advocacy in India. One of the key objectives of the conference was to shed light on issues and marginalised communities that are at the margins of SRR discourse and action.This blog post presents the key points raised on day 1 of the conference.
CLPR has selected the following five Equality Fellows: Krithika Balu, Itla Ragiri Jayalakshmi, Anima Muyarath, C Prabhu.
Equality Fellows will will dedicate the next 2 years to the better implementation of equality and non-discrimination law in the States of Andhra Pradesh, Karnataka, Kerala and Tamil Nadu.
On 12th and 13th January 2019 we will conduct interviews to select up to 6 Equality Fellows who will dedicate the next 2 years to the better implementation of equality and non-discrimination law in India. 13 talented candidates will appear before a 4 member panel of prominent activists and human rights advocates: Mihir Desai, Martin Macwan, Anindya Hajra and Jayna Kothari.
Student Delegates for the National Constitution Society (NCS) Convention 2018 will be engaging in a series of online discussions prior to the Convention on 23rd November. Prompt 1 on Illaiah Shepherd’s ‘Where are the Shudras?’