Privacy – Law and Other Things

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.

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.

Long Parade to Freedom: Section 377 and the Queer Movement in India

On September 7, 2018 By Priyamvadha Shivaji and Shweta Rao In Constitutional Interpretation, Discrimination, Equality, Fundamental Rights, Privacy, Supreme Court of India

The history of the queer movement in India has been a history of continuous contestation, redefinition, and re-evaluation, all leading to the altar of the nation’s apex court. Today marks the culmination of a decades-long …

The Many Ups and Downs in the Battle of Section 377

On September 6, 2018 By Gayatri Gupta In Constitutional Law, Discrimination, Editor's Choice, Equality, Explainer, Free Speech, Fundamental Rights, Privacy

In this post, the author traces the history of Section 377 and the queer movement in India. Starting from the implementation of this section in the colonial era to Naz and Koushal judgment, this post is one stop destination to understand the incidents that finally led to the Navtej Johar judgment.

Three reflections on the s 377 case

On July 18, 2018 By Tarunabh Khaitan In Constitutional Law, Discrimination, Fundamental Rights, Privacy, Supreme Court of India

I recently wrote 3 guest posts for the Indian Constitutional Law and Philosophy blog reflecting on the legal journey of section 377, culminating in the just-concluded hearings in the Supreme Court. In the first post, …

‘I decide who I am’ : The Self-Identification Question in The Transgender Persons (Protection of Rights) Bill, 2016

On June 20, 2018 By Mihika Poddar In Comparative Law, Constitutional Law, Discrimination, Equality, Legislation Analysis, Privacy

The Transgender Persons (Protection of Rights) Bill, 2016 (‘the Bill’), has failed the transgender community, and severely waters down the guarantees of the NALSA judgement. (Its several critiques can be found here and here). One …