Article 14 Archives | Law and Other things

Kashmir, the Constitution and Article 370: an Explainer

On August 8, 2019 By Chittkrishna Thakkar and Siddharth Sunil In Constitutional Interpretation, Constitutional Law, Editor's Choice, Explainer

This piece seeks to explain how Jammu & Kashmir’s constitutional status has changed in light of the recent developments and its possible repercussions

Repeat Sexual Offences and Proportionality of Punishment

On July 12, 2019 By Ankita Sarkar and Aishwarya Mohanty In Bombay High Court, Criminal Law, Death Penalty, Fundamental Rights, Supreme Court of the United States

The Bombay High Court in Mohd Salim Mohd. Kudus Ansari (Shakti Mills case) recently upheld the constitutional validity of s.376E of the IPC that allows for the death penalty as one of the punishments for …

Understanding the Sabarimala Verdict- Part III

On October 17, 2018 By Bhavisha Sharma In Constitutional Interpretation, Constitutional Law, Discrimination, Equality, Fundamental Rights, Privacy, Supreme Court of India, Women's Rights

This post is the concluding part of a three part series deconstructing the Sabrimala Verdict which opened the gates of temple to women devotees.

All you need to know about the Aadhaar Litigation

On September 26, 2018 By Namratha Murugeshan and Vishal Rakhecha In Constitutional Interpretation, Constitutional Law, Editor's Choice, Explainer, Fundamental Rights, Legislation Analysis, Supreme Court of India

The Aadhaar litigation will go down in history for being the second longest hearing in the Supreme Court of India. The case was heard for 38 days over a span of four months in which …

Delhi High Court on Beggary: Law Untangled but not Completely

On September 18, 2018 By Dushyant Thakur In Constitutional Law, Delhi High Court, Discrimination, Editor's Choice, Fundamental Rights, Judgment Analysis, Legislative Reform

The piece analyses the shortcomings in the recent judgment of the Delhi HC which decriminalised begging and further suggests, that the Central Government should come with uniform central legislation which adopts a rehabilitative approach on the issue of begging.

Long Parade to Freedom: Section 377 and the Queer Movement in India

On September 7, 2018 By and Shweta Rao In Constitutional Interpretation, Discrimination, Equality, Fundamental Rights, Privacy, Supreme Court of India

The history of the queer movement in India has been a history of continuous contestation, redefinition, and re-evaluation, all leading to the altar of the nation’s apex court. Today marks the culmination of a decades-long …

Catch 22: The Treacherous Territory of the Article 35A/Kashmir Quandary

On August 23, 2018 By Siddharth Sunil In Constitutional Law, Equality, Legislative Reform, Supreme Court of India

“There is a tide in the affairs of men (sic), which taken at the flood, leads on to fortune. Omitted, all the voyage of their life is bound in shallows and in miseries. On such …

Sabrimala Temple Entry Cases: Questions Before the Court

On October 21, 2017 By Guest In Religion, Right to Equality, Supreme Court of India

Guest Post by Vivek Anandh, an advocate in the Delhi High Court The recent decision of the Supreme Court to refer the Sabarimala Temple entry issue to a larger constitutional bench has thrown up a …

Stray thoughts on the Privacy hearings

On July 26, 2017 By Tarunabh Khaitan In Constitutional Law, Fundamental Rights, Privacy

The privacy hearings before a 9-judge bench (excellently covered by Ujwala Uppaluri on this blog) have excited much attention. Some thoughts on these hearings below: On the adjudicative form: This is how adjudication, especially in …

The Privacy Hearings-II: Three Pathologies of Indian Civil Liberties Argument (Guest post by Ujwala Uppaluri)

On July 26, 2017 By Guest In Equality, Fundamental Rights, Privacy, Supreme Court of India

(This is the second post by Ujwala Uppaluri in a series on the ‘right to privacy’ hearings in the Supreme Court of India. The first post can be accessed here.) On Tuesday and Wednesday …