Discrimination | Law and Other Things

Three reflections on the s 377 case

On July 18, 2018 By Tarunabh Khaitan In Constitutional Law, Discrimination, Fundamental Rights, Privacy, Supreme Court of India

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, …

‘I decide who I am’ : The Self-Identification Question in The Transgender Persons (Protection of Rights) Bill, 2016

On June 20, 2018 By Mihika Poddar In Comparative Law, Constitutional Law, Discrimination, Equality, Legislation Analysis, Privacy

The Transgender Persons (Protection of Rights) Bill, 2016 (‘the Bill’), has failed the transgender community, and severely waters down the guarantees of the NALSA judgement. (Its several critiques can be found here and here). One …

Seeing Persecution: Koushal, s 377 and Evidence of Human Rights Abuses

On November 11, 2017 By Douglas McDonald-Norman In Constitutional Law, Discrimination, Equality, Fundamental Rights, Privacy, Right to Equality, Supreme Court of India

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 …

Explaining Indirect Discrimination

On October 10, 2017 By Tarunabh Khaitan In Discrimination

For readers interested in a quick primer on indirect discrimination law, this podcast interview (about 16.5 minutes long) might be of interest. A longer explanation in print can be found here.

New Book: Women’s Human Rights and Migration: Sex-Selective Abortion Law in the United States and India

On July 28, 2017 By Guest In Book Launch, Comparative Law, Discrimination, Women's Rights

Posted on behalf of Sital Kalantry New Book: Women’s Human Rights and Migration: Sex-Selective Abortion Law in the United States and India published by the University of Pennsylvania Press 2017 In this new book, I …

Section 377 and Refugee Status Determination

On November 2, 2016 By Douglas McDonald-Norman In Comparative Law, Constitutional Interpretation, Discrimination, Fundamental Rights, Privacy

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 …

An Update on the Section 375-377 Ambiguity Question

On August 14, 2016 By Vikram Raghavan In Discrimination, Equality, Fundamental Rights, Punjab & Haryana High Court

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 highlighted seems identical …