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...
In this post, the author traces the history of Section 377 and the queer movement in India. Starting from the implementation of this section in the colonial era to Naz and Koushal judgment, this post...
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.)...
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...
Guest Post by Abhinav Sekhri The Indian Express recently reported that a District & Sessions Judge in Rewari, Haryana has referred a case to the Punjab & Haryana High Court. The issue...
[This post follows up on my previous post on this judgment on this blog.] In Koushal v Naz—the case being touted as one of its worst judgments—a two-judge bench of the Supreme Court recently...
I ended my earlier post asking the Court to review de-novo the jurisdictional basis for the Koushal appellants to maintain their case. In this post, I will go further and look at the text of the...
On Wednesday morning, Justice Ganpat Singh Singhvi donned his black robes one last time. The judge with a smiling face had a busy day ahead of him. After hearing several cases, he would attend a late...
The Supreme Court’s recent judgment in Suresh Kaushal v. Naz Foundation on the constitutional validity of Section 377 of the Indian Penal Code, which criminalizes “carnal intercourse against the...