Section 377 | Law and Other Things

Q&A on Naz Foundation judgment

On July 12, 2009 By V.Venkatesan In Constitutional Interpretation, Constitutional Law, Delhi High Court, Discrimination, Equality, Fundamental Rights, Privacy

I found Vikram Raghavan’s three posts analysing the Naz Foundation judgment extremely useful to understand its significance. What I attempt in this post is to answer some of his concerns, as well as that of …

Navigating the Noteworthy and the Nebulous in Naz Foundation — Part III

On July 8, 2009 By Vikram Raghavan In Constitutional Interpretation, Constitutional Law, Delhi High Court, Discrimination, Equality, Fundamental Rights, Privacy

This third, and final, post builds on posts of yesterday and the day before on the Naz Foundation Case. In today’s post, I discuss, among other things, the Delhi High Court’s use of “compelling state …

Navigating the Noteworthy and Nebulous in Naz Foundation — Part II

On July 8, 2009 By Vikram Raghavan In Comparative Law, Constitutional Interpretation, Delhi High Court, Discrimination, Equality, Fundamental Rights, Privacy

Having celebrated Naz Foundation’s glorious ramparts yesterday, I turn now to critically appraise the decision’s side streets and alleys. I thought I would be able to complete that task in a single post today. However, …

Navigating the Noteworthy and Nebulous in Naz Foundation — I

On July 6, 2009 By Vikram Raghavan In Constitutional Interpretation, Delhi High Court, Discrimination, Equality, Fundamental Rights, Privacy

There have been few, if any, cases whose proceedings have been closely followed and judgment keenly awaited as Naz Foundation. The verdict was eagerly anticipated, not just by lawyers and court watchers, but also by …

Written Submission of the Union of India in Naz Foundation

On December 15, 2008 By Tarunabh Khaitan In Comparative Law, Constitutional Interpretation, Delhi High Court, Discrimination, Equality, Fundamental Rights, Privacy

The Written Submission filed by Additional Solicitor General P.P. Malhotra on behalf of the Union of India in Naz Foundation case (dealing with decriminalisation of adult consensual homosexual sex in private) is available here. The …

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 …