I note at the outset that this blog post does relate back to this blog’s remit regarding ‘India’s laws and legal system’. (Or, at least, to the question of Indian political history and culture.) It just takes its time in doing so. I’ve recently had the opportunity to read two fascinating works – Brij V….

In recent years, asylum seekers from Bangladesh have comprised a significant portion of unauthorised maritime arrivals (that is, people arriving by boat without visas) in Australia. Their claims for protection have encountered significant resistance from decision-makers in refugee status determination (RSD), both at first instance within the Department of Immigration and Border Protection (DIBP) and…

Image of Supreme Court of India
This is the second post in an infrequent series on colonial continuity in the Indian judiciary. The first post can be found here. In November, I posted what was, in retrospect, an embarrassingly effusive paean to the Indian Constitution, as delivered to the Indian Consulate in Sydney to mark Constitution Day. I said it (in…

This post is not a summary of the Supreme Court’s recent decision in Jindal Stainless Ltd v State of Haryana, Civil Appeal No. 3453/2002 (2016) (“the Entry Tax case”). Other contributors to this blog will undoubtedly weigh in on the full implications of this decision soon enough. This post is a (very brief) sequel to…

The impact of section 377 of the Indian Penal Code is not measurable solely by reference to formal prosecutions resulting in reported decisions. As the Delhi High Court found in Naz Foundation v Government of NCT of India (“Naz Foundation”), the criminalisation of same-sex sexual conduct, even where not enforced, serve to ‘entrenc[h] stigma and…