Constitutional Law Archives Page 12 of 13

Taking Sexuality Seriously: The Supreme Court and the Koushal Case – Part II

On December 15, 2013 By Vikram Raghavan In Comparative Law, Constitutional Interpretation, Delhi High Court, Discrimination, Equality, Fundamental Rights, Privacy, Supreme Court of India

I ended my earlier post asking the Court to review de-novo the jurisdictional basis for the Koushal appellants to maintain their case. In this post, I will go further and look at the text of the opinion …

Taking Sexuality Seriously: The Supreme Court and the Koushal Case – Part I

On December 14, 2013 By Vikram Raghavan In Delhi High Court, Discrimination, Equality, Fundamental Rights, Supreme Court of India

On Wednesday morning, Justice Ganpat Singh Singhvi donned his black robes one last time. The judge with a smiling face had a busy day ahead of him. After hearing several cases, he would attend a …

Naz and the Need to Rethink the Presumption of Constitutionality — Guest Post

On December 13, 2013 By Vikram Raghavan In Comparative Law, Constitutional Interpretation, Constitutional Law, Delhi High Court, Discrimination, Equality, Fundamental Rights, Privacy, Supreme Court of India

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 order of nature”, has dismayed the …

Re-Criminalizing Homosexuality: The Many Sins of Koushal

On December 12, 2013 By Aparna Chandra In Constitutional Law, Discrimination, Equality, Fundamental Rights, Privacy, Supreme Court of India

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 limited scrutiny of state action …

Naz Foundation and the “Order of Nature”: Nurturing Vagueness in the Law?

On October 11, 2009 By Shamnad Basheer In Constitutional Interpretation, Delhi High Court, Discrimination, Fundamental Rights, Privacy, Uncategorized

Vikram undertook a thorough and incisive review of the Delhi High Court decision in the Naz Foundation case in three remarkable posts on …

Constitutionality of colonial laws

On August 2, 2009 By Tarunabh Khaitan In Constitutional Law, Delhi High Court, Discrimination, Equality, Fundamental Rights, Privacy

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 laws which were enacted …

Justice J.S.Verma comments on the Naz Foundation Judgment

On July 24, 2009 By V.Venkatesan In Constitutional Interpretation, Discrimination, Equality, Fundamental Rights, Judgment Analysis, Privacy

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. It merely decriminalizes …

Q&A on Naz Foundation judgment

On July 12, 2009 By V.Venkatesan In Constitutional Interpretation, Constitutional Law, Delhi High Court, Discrimination, Equality, Fundamental Rights, 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 well as that of …

Navigating the Noteworthy and the Nebulous in Naz Foundation — Part III

On July 8, 2009 By Vikram Raghavan In Constitutional Interpretation, Constitutional Law, Delhi High Court, Discrimination, Equality, Fundamental Rights, Privacy

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 …

Navigating the Noteworthy and Nebulous in Naz Foundation — Part II

On July 8, 2009 By Vikram Raghavan In Comparative Law, Constitutional Interpretation, Delhi High Court, Discrimination, Equality, Fundamental Rights, Privacy

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 post today. However, …