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, titled “Inclusive Pluralism or Majoritarian Nationalism”, I argued that the Court should use an expansive reading of Article 15 when…

Suresh Kumar Koushal v Naz Foundation (“Koushal”) is a bad decision which must be overturned. This is not a new or an original observation. (See, for example, most of December 2013 on this blog.) This post examines one particular aspect of Koushal – its use and abuse of evidence of discrimination, marginalisation and hardship suffered…

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…