Centre Reports


Recent Legal Reforms on Gender Recognition: A Global Review

This report is the culmination of research undertaken by students in the course Beyond Binaries: Rights of Gender-Variant Persons Clinic. It was enriched by consultations CHLET held on the rights of transgender and gender non-conforming groups. The report looks at the legal status of gender-variant persons in ten countries and highlights the key developments that have occurred. It aims to provide important insights into the range of issues confronting gender-variant persons across jurisdictions and underscores the need for flexible and multi-dimensional laws protecting the rights of marginalized communities. The report also aims to serve as an information and advocacy tool for activists, lawyers, and policy makers.

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Handbook on the Rights of Transgender and Gender Non-Conforming Persons in India

This handbook has been published by CHLET in collaboration with India HIV/AIDS Alliance, Multiple Action Research Group (MARG) and International Commission of Jurists (ICJ). It was prepared as part of a clinical course on Gender, Law, and Difference. It covers key aspects of constitutional law, criminal law, obtaining identity documents and the right to information. The purpose of this handbook is to create a strong nexus between legal awareness and legal empowerment, by enabling transgender and gender non-conforming persons to exercise their full range of rights. It will also serve as a training aid for legal awareness workshops. The handbook is currently being translated into Hindi and other regional languages.

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Abortion Laws in India: A Review of Court Cases, November 2016

In collaboration with Ipas India, the Centre for Health, Law, Ethics and Technology at Jindal Global Law School presents this report on legal judgments and orders relating to medical termination of pregnancy. This report aims to clarify provisions of the Medical Termination of Pregnancy Act (MTP Act), to highlight contradictions and gaps in the MTP Act and related laws, including the Pre-Conception Pre-Natal Diagnostic Techniques Act, 1994 (PCPNDT Act) and the Protection of Children from Sexual Offenses Act, 2012 (POCSO Act), and to examine the implications of the language and legal conclusions in abortion judgments. The report outlines the implications the courts’ decisions have on safe abortion services. It presents findings from the Supreme Court, High Court, District Courts and Consumer Forums up to 2016.

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"India's Human Trafficking Laws and Policies and the UN Trafficking Protocol: Achieving Clarity", Policy Brief, February 2015

This brief is the result of collaboration amongst the students and faculty of three clinics at Law Schools in India and United States: The Cornell International Human Rights Clinic, The Avon Global Center for Women and Justice at Cornell Law School, The University of Chicago Law School's International Human Rights Clinic, and Jindal Global Law School's Centre for Health Law, Ethics and Technology. The objective of this policy brief is to inform policy makers of the points of departure between India's obligations under the UN Trafficking Protocol and the country's current anti-human trafficking policies and the realities of human trafficking in India on the ground. Specifically, the policy brief aims to provide details on these points of departure and provides concluding observations on how to bring India's policies in line with the UN Trafficking Protocol in light of information received from interviews with key stakeholders.

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Beyond Binaries: Rights of Gender Non- Conforming Persons in India and Across the Globe

The GLASS is presently conducting a transnational analysis of laws, policies and cases on various issues related to persons of non- normative gender identities. This research seeks to raise the following questions: what kinds of anti-discrimination measures are available to this population? What kinds of laws “regulate” and “control” this population, what kinds of welfare measures are available to them on a State to State basis and how do the courts construct this subject?

One of the chief aims of the course is to document the legal rights and welfare policies available to non- normative populations in India and across the globe in the form of a report.

(Report Upcoming)

Voices From the Field: Access to Contraceptive Services and Information min the State of Haryana, India

The Centre for Health Law, Ethics, and Technology (CHLET) at Jindal Global Law School (JGLS) has undertaken a study on the right to contraceptive services and information for women in Haryana, India. The primary objective is to delineate whether the state of Haryana is fulfilling its obligations to provide women with access to contraceptive services and information. It presents findings from a multistakeholder analysis and human rights assessment of the various policy, social, and cultural barriers that impede women in Haryana from realizing their fundamental right to contraceptive services and information. By conducting both a multistakeholder analysis and a human rights assessment, this report provides a nuanced depiction of the policy, economic, social, and cultural barriers to contraception. This analysis also contributes to a deeper understanding of the state's obligation to ensure the right to contraceptive services and information.

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Impact of the Naz Foundation Judgment on the Gay, Bisexual and Transgender People in Delhi:An Empirical Investigation

This report, prepared by the Centre for Health Law, Ethics and Technology (CHLET) at Jindal Global Law School, aims to determine and analyse the impact of the landmark judgment of July 2, 2009 by the Delhi High Court on the lives of sexual minorities in Delhi. The Court's judgment was in response to a petition challenging the constitutional validity of Section 377 of the Indian Penal Code (IPC), which criminalised consensual sexual activities between homosexual adults conducted in private. In the judgment, the Honourable Chief Justice Ajit Prakash Shah and Justice S. Muralidhar held that Section 377 infringed upon fundamental rights under Articles 14, 15, and 21 of the Constitution of India, and declared the section to be unconstitutional to the extent that it criminalised private consensual sexual activity between adults.

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Implementation of COPTA, 2003 in the State of Haryana

In collaboration with Health Related Information Dissemination Amongst Youth (HRIDAY), a survey was undertaken to evaluate the implementation of the Cigarettes and Other Tobacco Products Act 2003 (COTPA) in five districts of Haryana. There were approximately 200 violations recorded in each district i.e. a total of 1000 in the state. A monitoring tool and protocol was developed to track the enforcement of the provisions of the Indian Tobacco Control Law at the district levels. The protocol majorly focused on violation of the rules pertaining to prohibition of smoking in public places, advertising of tobacco products, sale to and by minors and mandatory display of pictorial health warnings. The options provided under each section of the monitoring tool were based on all the various possible violations of COTPA and were adapted from previously available tools used by HRIDAY. The tool and the protocol were developed in English and were then translated into Hindi and again back translated to English to avoid any information loss. Prior to field administration, the tool and the protocol were pilot tested for its content in Delhi.

Trained research assistants visited various public places and educational institutions within the districts to monitor the violations of Section 4 and Section 6 of COTPA. Over the period of one month, the research assistants also monitored various means of tobacco advertising and tobacco products to for violations of Section 5 and Section 7 of COTPA. The survey was conducted by a trained State Project Officer and trained student research assistants.

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