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 …
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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 …
Continue readingOn 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 …
Continue readingThe 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 …
Continue readingThe 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 …
Continue readingVikram undertook a thorough and incisive review of the Delhi High Court decision in the Naz Foundation case in three remarkable posts on …
Continue readingThe 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 …
Continue readingGuest 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 …
Continue readingI 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 …
Continue readingThis 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 …
Continue readingHaving 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, …
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