Fundamental Rights – 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 …

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The Criminalization of PUBG in Gujarat: A Frivolous Affair?

On October 18, 2019 By Tanishk Goyal In Comparative Law, Constitutional Interpretation, Constitutional Law, Free Speech, Fundamental Rights, Madras High Court, Supreme Court of India

In our latest piece, the author highlights the criminalization of PUBG in Gujarat with special focus on Section 37(3) of the Gujarat Police Act, 1951. The author discusses this in the light of the Blue Whale precedent, while further drawing parallels between the deontological and consequentialist approaches to free speech.

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CLPR hosts 3rd edition of Transform, the International Conference on Transgender Rights and the Law on 13th and 14th September

On September 5, 2019 By Law and Other Things In Announcements, Conference, Constitutional Law, Fundamental Rights, Madras High Court, Right to Equality

In September 2018, the Indian Supreme Court passed the landmark verdict in Navtej Singh Johar v. Union of India which decriminalised same sex relations between consenting adults. This momentum was followed by the Madras High Court …

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Life without Remission: An Irreviewable and Unconstitutional Punishment

On September 4, 2019 By Himanshu Agarwal and Amartya Kanjilal In Comparative Law, Constitutional Law, Death Penalty, Editor's Choice, European Court of Human Rights, Fundamental Rights, Madras High Court, Supreme Court of India

In this piece, the authors look at the new trend in the Indian judicial system, of remitting death sentences to life sentences, but without the option of further remission under any circumstances.

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Repeat Sexual Offences and Proportionality of Punishment

On July 12, 2019 By Ankita Sarkar and Aishwarya Mohanty In Bombay High Court, Criminal Law, Death Penalty, Fundamental Rights, Supreme Court of the United States

The Bombay High Court in Mohd Salim Mohd. Kudus Ansari (Shakti Mills case) recently upheld the constitutional validity of s.376E of the IPC that allows for the death penalty as one of the punishments for …

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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.

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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.

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