Discrimination Archives | Law and Other things

NLAT 2020: Is it really wrong?

On September 12, 2020 By Darsan Guruvayurappan In Admissions, Discrimination, Editor's Choice, Equality

In this article, the author attempts to briefly respond to a few of the arguments raised against NLAT. First, that the CLAT Consortium has no authority to remove NLSIU from the Consortium, and second, that the arguments regarding inequality are misplaced.

Part II: NLAT: Lack of Transparency, Accountability & Other Concerns

On September 9, 2020 By Bhavisha Sharma and Dayaar Singla In Admissions, Discrimination, Editor's Choice, Equality

NLAT prima facie promises safety for all applicants as they can appear for it from their homes through an online interface. However, in this part, we shall analyze the mode and timeline of the examination to argue that contrary to the Notification’s claims, the examination is not fair, accessible or transparent.

Part I- NLAT: Can a Consortium Member have an independent test?

On September 9, 2020 By Bhavisha Sharma and Dayaar Singla In Admissions, Discrimination, Equality

This Part shall delve into the legality of NLSIU’s decision of having a separate entrance test, while continuing as a member of the Consortium of NLUs by examining the Bye-Laws and the Memorandum of Association (MoA) of the Consortium.

Developments in Equality Jurisprudence

On June 23, 2020 By Vishal Rakhecha In Constitutional Law, Courts and Constitution, Discrimination, Editor's Choice, Equality, Manifest Arbitrariness, Reservation

The penultimate panel for the 2nd edition of The Courts & The Constitution, focused on reviewing the developments in equality jurisprudence over 2019. The panel was moderated by Professor Sudhir Krishnaswamy, Vice-Chancellor, NLSIU. Arundhati Katju …

The Citizenship Amendment Act and ‘Persons Belonging to Minority Communities’

On December 28, 2019 By Douglas McDonald-Norman In Comparative Law, Constitutional Law, Discrimination, Equality, Fundamental Rights

The Citizenship Amendment Act alters the definition of ‘illegal immigrant’ for the purposes of the Citizenship Act 1955. It provides that ‘persons belonging to minority communities, namely, Hindus, Sikhs, Buddhists, Jains, Parsis and Christians from …

Yet another creation of crime!

On February 15, 2019 By Aditya Saraswat and Anmol Jain In Discrimination, Fundamental Rights, Karnataka High Court, Legislation Analysis, Legislative Reform, Privacy, Supreme Court of India

This post discusses the approach in the Lok Sabha from regulating commercial surrogacy to criminalizing it and how such transition is in conflict with the guaranteed rights.

Call for Applications for Centre for Law & Policy Research | Equality Fellowship

On November 28, 2018 By Benjamin Vanlalvena In Announcements, Call for Applications, Discrimination, Equality

The Centre for Law and Policy Research is inviting applications for its Equality Fellowship to engage in litigation and advocacy that responds to intersectional discrimination in the states of Andhra Pradesh, Karnataka, Kerala and Tamil Nadu.

Religious Denomination – Multiculturalism, Group Rights and the Constitution

On November 5, 2018 By Vivek Anandh In Constitutional Interpretation, Constitutional Law, Discrimination, Equality, Fundamental Rights, Judgment Analysis, Religion, Supreme Court of India, Women's Rights

This post analyses the Supreme Court’s attempt to reconcile its dominant liberalism/individualism based approach towards fundamental rights as against the group right claims under Article 26, in the recent Sabarimala verdict.

Sabarimala and the Essential Religious Practices Test

On October 31, 2018 By Vivek Anandh In Constitutional Interpretation, Constitutional Law, Discrimination, Equality, Fundamental Rights, Judgment Analysis, Supreme Court of India, Women's Rights

In this post, Vivek Anandh thematically analyses the important doctrinal conclusions on the ‘Essential Practices’ test and its discursive impact on the constitutional jurisprudence in the context of the Sabarimala Judgment.

Social Dimensions Of Judicial Decisions: The Navtej Johar Template

On October 19, 2018 By Adil Saifudheen and Pranav Tanwar In Constitutional Interpretation, Constitutional Law, Discrimination, Equality, Fundamental Rights, Privacy, Supreme Court of India

In this post, the authors argue that while the Navtej Johar judgment is tool for social change, it may be unable to function as an effective measure for social acceptance.