Article 15 Archives | Law and Other Things

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

On September 7, 2018 By Priyamvadha Shivaji 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 …

Three reflections on the s 377 case

On July 18, 2018 By Tarunabh Khaitan In Constitutional Law, Discrimination, Fundamental Rights, Privacy, Supreme Court of India

I recently wrote 3 guest posts for the Indian Constitutional Law and Philosophy blog reflecting on the legal journey of section 377, culminating in the just-concluded hearings in the Supreme Court. In the first post, …

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 …

Re-Criminalizing Homosexuality: The Many Sins of Koushal

On December 12, 2013 By Aparna Chandra In Constitutional Law, Discrimination, Equality, Fundamental Rights, Privacy, Supreme Court of India

The following points struck me as the most problematic in what passes for legal reasoning in Koushal v. Naz: 1. The Classification test for Article 14: The classification test provides for very limited scrutiny of state action …

Naz Foundation and the “Order of Nature”: Nurturing Vagueness in the Law?

On October 11, 2009 By Shamnad Basheer In Constitutional Interpretation, Delhi High Court, Discrimination, Fundamental Rights, Privacy, Uncategorized

Vikram undertook a thorough and incisive review of the Delhi High Court decision in the Naz Foundation case in three remarkable posts on …

Justice J.S.Verma comments on the Naz Foundation Judgment

On July 24, 2009 By V.Venkatesan In Constitutional Interpretation, Discrimination, Equality, Fundamental Rights, Judgment Analysis, Privacy

Guest Blogger J.S.Verma, J. It is a misreading of the Delhi High Court judgment to contend that it approves or legalizes, much less glorify the practice of homosexuality, practiced in privacy. It merely decriminalizes …

Reflections on the litigation strategy in Naz Foundation, and comparative notes

On May 24, 2008 By Arun Thiruvengadam In Comparative Law, Constitutional Interpretation, Delhi High Court, Discrimination, Equality, Fundamental Rights, Privacy

I believe the Naz Foundation case has the potential to become one of the most significant cases in Indian constitutional jurisprudence, and I am glad that we are following its route through our legal system …