The Supreme Court’s recent judgment in Suresh Kaushal v. Naz Foundation on the constitutional validity of Section 377 of the Indian Penal Code, which criminalizes “carnal intercourse against the...
The following points struck me as the most problematic in what passes for legal reasoning in Koushal v. Naz: 1. The Classification test for Article 14: The classification test provides for very...
Vikram undertook a thorough and incisive review of the Delhi High Court decision in the Naz Foundation case in three remarkable posts on this blog. Since then, Arvind Narrain...
The Law Minister, in apparent agreement with the Delhi High Court’s verdict in Naz Foundation, has remarked that: We have a Constitution, many a times the Constitution runs parallel to many...
Guest Blogger J.S.Verma, J. It is a misreading of the Delhi High Court judgment to contend that it approves or legalizes, much less glorify the practice of homosexuality, practiced in privacy...
I found Vikram Raghavan’s three posts analysing the Naz Foundation judgment extremely useful to understand its significance. What I attempt in this post is to answer some of his concerns, as...
This third, and final, post builds on posts of yesterday and the day before on the Naz Foundation Case. In today’s post, I discuss, among other things, the Delhi High Court’s use of “compelling state...
Having celebrated Naz Foundation’s glorious ramparts yesterday, I turn now to critically appraise the decision’s side streets and alleys. I thought I would be able to complete that task in a single...
There have been few, if any, cases whose proceedings have been closely followed and judgment keenly awaited as Naz Foundation. The verdict was eagerly anticipated, not just by lawyers and court...
The Written Submission filed by Additional Solicitor General P.P. Malhotra on behalf of the Union of India in Naz Foundation case (dealing with decriminalisation of adult consensual homosexual sex in...