Equality | Law and Other Things

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 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.

The Impact Of Puttaswamy Judgement On The Rights Of The Media

On September 20, 2018 By Vishal Rakhecha In Constitutional Interpretation, Constitutional Law, Equality, Fundamental Rights, Judgment Analysis, Privacy, Supreme Court of India

The post is an attempt to anticipate the trajectory of decisions following the Puttaswamy judgment, in dealing with cases where the right to freedom of speech and right to privacy are seemingly in conflict, based on a decisions of a few High Courts in this regard.

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 …

The Many Ups and Downs in the Battle of Section 377

On September 6, 2018 By Gayatri Gupta In Constitutional Law, Discrimination, Editor's Choice, Equality, Explainer, Free Speech, Fundamental Rights, Privacy

In this post, the author traces the history of Section 377 and the queer movement in India. Starting from the implementation of this section in the colonial era to Naz and Koushal judgment, this post is one stop destination to understand the incidents that finally led to the Navtej Johar judgment.

Catch 22: The Treacherous Territory of the Article 35A/Kashmir Quandary

On August 23, 2018 By Siddharth Sunil In Constitutional Law, Equality, Legislative Reform, Supreme Court of India

“There is a tide in the affairs of men (sic), which taken at the flood, leads on to fortune. Omitted, all the voyage of their life is bound in shallows and in miseries. On such …

Dr. Tarunabh Khaitan wins the inaugural Letten Prize

On August 17, 2018 By Parika Kamra In Discrimination, Equality, Law and Other Things

August 3, 2018 was a proud day for the Law and Other Things (LAOT) family. One of the former editors of the blog, Dr. Tarunabh Khaitan, received the inaugural Letten prize for his work on …

Domicile Reservation in India: Denial of Opportunities and Compromise with Diversity

On June 25, 2018 By Tushit Mishra In Constitutional Law, Equality, Reservation

Following the footprints of state governments in Karnataka and Odisha, Rajasthan state government has also proposed to extend domicile reservation in National Law University, Jodhpur. Last year, an amendment bill which provided for reserving 50% …

‘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 …