The California Supreme Court’s decision legalising same sex marriages has been hailed as a landmark decision. The purpose of referring to this decision is to post a curtain-raiser to an important hearing on May 19 in Delhi High Court in Court No.7 before Justices A.K.Sikri and J.R.Midha. The hearing is over the case of Naz Foundation v. Government of NCT of Delhi & Ors. concerning the constitutionality of S.377 of Indian Penal Code. There have been two posts (here and here}on Balkinisation on the California decision. This report by Siddharth Narrain gives an update of Naz case upto 2005.
Same Sex Marriages: California Supreme Court’s decision and our own S.377
Further reading
A fortnightly feature inspired by I-CONnect’s weekly “What’s New in Public Law” feature that addresses the lacuna of a one-stop-shop public law newsletter in the Indian legal...
A mass movement led by students has ushered in a new dawn in Bangladesh. What began as a claim for reform of the quota system transformed into a national movement to oust Bangladesh’s long-standing...
A mass movement led by students has ushered in a new dawn in Bangladesh. What began as a claim for reform of the quota system transformed into a national movement to oust Bangladesh’s long standing...
A mass movement led by students has ushered in a new dawn in Bangladesh. What began as a claim for reform of the quota system transformed into a national movement to oust Bangladesh’s long-standing...
A fortnightly feature inspired by I-CONnects weekly What’s New in Public Law feature that addresses the lacuna of a one-stop-shop public law newsletter in the Indian legal space. What’s new at...
Speakers and Schedule of the Fourth Edition of the Court and Constitution Conference, 2023 at NALSAR University of Law, Hyderabad.
I think the California decision will have no impact as the issue
is different and the principles
invoked in that decision are not
relevant to this case. Although the
constitutionality of Section 377 is an issue removing it without
sufficient legal safeguards against
child abuse is not a good solution.
We need a law and mechanism
that safeguards children against
child abuse by paedophiles.
well, that should not be a concern since the naz petition does not ask for striking down the law but only demands reading it down so that ‘adult consensual sex’ is decriminalised. so it will continue to be on the books and continue to apply to child sexual abuse as well as same-sex rape cases.
venkatesan, we eagerly await your report of the hearing…