Centre Reports

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.

The research for this report was conducted using judgements and orders, retrieved from various sources, predominantly Manupatra (a legal database), the national consumer disputes redressal commission website (ncdrc.nic.in), and district court websites. In addition to this, various news articles and stories were also relied upon to get information about the names of parties or case names. The key terms used for this research were “abortion”, “section 312”, “section 313”, “medical negligence”, “consumer protection”, “forced miscarriage”, “consent”, “MTP Act”, “sex determination”, “sex-selective abortion” and “PCPNDT”. Some cases were first found by conducting a legal research on cases related to abortion on indiankanoon.org and then downloaded from the district court website. One of the key limitations of this report is that many of the district court’s judgement are not easily accessible and therefore a complete analysis of all the judgements across the country was not possible. This report has focused mainly on the cases available on the district court websites of the states of Delhi, Maharashtra, Tamil Nadu and Kerala in addition to Punjab and Andhra Pradesh. For other states, like Rajasthan and Gujarat, district court cases were not available on the case databases.
 
Where possible, this compilation provides guidance on implementation of the MTP Act. Women, providers, hospitals, policy makers and activists can use this compilation in three ways:
1. To find answers to key MTP Act questions;
2. To explore spaces for future or increased advocacy;
3. To design education and training material.

Download detailed report here 

 

"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.
 
Download detailed report here 

 
 
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.

Download detailed report here 

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. 
 
The research conducted for this study consists mostly of personal interviews with members of the LGBT community. Researchers interacted with individuals belonging to different sexual minorities who described their lives before and after July 2, 2009. The findings of the interviews have been compiled along with similar studies conducted in other parts of the world: South Africa, the USA, Canada and Australia. These studies have been compiled and correlated in order to paint a global picture, showing that decriminalisation consistently leads to a rise in the level of social acceptance and, more importantly, self-acceptance of sexual minorities. This impact assessment is the first of its kind in India and, apart from providing valuable first-hand accounts of LGBT life pre and post-decriminalisation of homosexuality, it aims to (i) bring attention to other issues (such as strategies for the promotion of familial acceptance of LGBTs) that still need to be addressed; and (ii) emphasize the role of other factors such as movies and the Indian media that, through their activities and support for the LGBT community, have had an important positive impact on societal acceptance.  
 

 Download detailed report here 
 
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.
 
[Report Coming soon]