Discrimination | Law and Other Things

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.

Understanding the Sabarimala Verdict- Part III

On October 17, 2018 By Bhavisha Sharma In Constitutional Interpretation, Constitutional Law, Discrimination, Equality, Fundamental Rights, Privacy, Supreme Court of India, Women's Rights

This post is the concluding part of a three part series deconstructing the Sabrimala Verdict which opened the gates of temple to women devotees.

Understanding the Sabarimala Verdict- Part II

On October 17, 2018 By Chittkrishna Thakkar In Constitutional Interpretation, Constitutional Law, Discrimination, Fundamental Rights, Religion, Supreme Court of India, Women's Rights

This post is the second part of a three part series deconstructing the Sabarimala Verdict which opened the gates of temple to women devotees.

Understanding the Sabarimala Verdict- Part I

On October 15, 2018 By Bhavisha Sharma and Chittkrishna Thakkar In Constitutional Interpretation, Discrimination, Equality, Fundamental Rights, Legislation Analysis, Supreme Court of India, Women's Rights

This post is the first part of a three part series deconstructing the Sabrimala Verdict which opened the gates of temple to women devotees.

Delhi High Court on Beggary: Law Untangled but not Completely

On September 18, 2018 By Dushyant Thakur In Constitutional Law, Delhi High Court, Discrimination, Editor's Choice, Fundamental Rights, Judgment Analysis, Legislative Reform

The piece analyses the shortcomings in the recent judgment of the Delhi HC which decriminalised begging and further suggests, that the Central Government should come with uniform central legislation which adopts a rehabilitative approach on the issue of begging.

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

On September 7, 2018 By 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 …