Equality | Law and Other Things

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 …

Economic Quota And The Basic Structure Doctrine – Exploring The Oddities (Part 1)

On February 20, 2019 By Anant Sangal In Constitutional Law, Equality, Reservation, Supreme Court of India

This article is the first part of a two-part series on the 103rd amendment which provides for a maximum of ten percent reservation to the economically weaker sections of citizens, and deals with a brief history of the jurisprudence surrounding reservations in India.

Economic Quota And The Basic Structure Doctrine – Exploring The Oddities (Part 2)

On February 20, 2019 By Anant Sangal In Equality, Reservation, Supreme Court of India

This article is the second part of a two-part series on the 103rd amendment which provides for a maximum of ten percent reservation to the economically weaker sections of citizens, and discusses the jurisprudence on equality vis-a-vis reservations.

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 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.