Equality | Law and Other Things

Addressing Intersectionality And Access To Justice: The Need For An Anti-Discrimination Legislation

On November 2, 2021 By Kavya Arora and Eishan Mehta In Constitutional Interpretation, Constitutional Law, Discrimination, Equality, Fundamental Rights, Legislative Reform

The present constitutional provisions that provide protection against different forms of discrimination fall short of recognizing and doing complete justice to the victims of intersectional discrimination. Therefore, an anti-discrimination legislation in terms of substantive equality, horizontal applicability and access to remedies is argued for.

Deterring private discrimination, constitutionally

On October 29, 2021 By Thulasi K. Raj In Article 15, Discrimination, Equality, New Scholarship

The Constitution recognises the threat of private discrimination, and prohibits it in its text. But what’s the right principle to detect it? Thulasi K Raj argues for the principle of ‘public service’, which goes further than linguistic and other interpretations of Article 15(2).

Anti-Conversion Laws : Complementing or Contravening the Special Marriage Act?

On June 17, 2021 By Varun Garg In Anti-Conversion laws, Equality

Inter-faith marriages are considered taboo in India, a country predominately influenced by religious proponents and teachings. Several laws have been drafted on this subject-matter, with the most recent developments being the promulgation of Uttar Pradesh …

Letting Go: The End (of the Start)

On April 23, 2021 By Swethaa Ballakrishnen In Book Discussion, Books, Editor's Choice, Equality, New Scholarship

Prof. Ballakrishnen responds to the comments from Akshaya Kamalnath, Nida Kirmani and Hemangini Gupta on their book Accidental Feminism: Gender Parity and Selective Mobility among India’s Professional Elite.

Same-Sex Marriage: Examining the Move towards Legal Recognition

On October 5, 2020 By Mariyam Mayan In Equality, Explainer, Fundamental Rights

This piece examines the recent move towards legal recognition of same-sex marriage and the petitions filed in different High Courts. it also elaborates on the divergent arguments made in favour of and against the same.

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.

Response to ‘The Sound of Constitutional Silences: Interpretive Holism and Free Speech under Article 19 of the Indian Constitution’ by Arpita Sarkar

On September 8, 2020 By Arpita Sarkar In Constitutional Law, Equality, Free Speech, Fundamental Rights, New Scholarship

[Ed Note: As part of our New Scholarship Section, we have been inviting discussants to respond to specific articles. This Response Piece is part of a series of posts indexed here discussing the public law themed articles …

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 …