Guest Post by Abhinav Sekhri and Devdutta Mukhopadhyay A little storm is brewing in the Delhi High Court. A bench of two judges (Chief Justice G. Rohini and Justice Sangita Dhingra Sehgal) issued notice …
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Guest Post by Abhinav Sekhri and Devdutta Mukhopadhyay A little storm is brewing in the Delhi High Court. A bench of two judges (Chief Justice G. Rohini and Justice Sangita Dhingra Sehgal) issued notice …
Continue reading(Guest post by Rupali Samuel) In light of the curative petitions in Suresh Kumar Koushal v. Naz Foundation, it has been argued by Shivendra Singh here and Alok Prasanna here that “one of the two …
Continue reading[This post follows up on my previous post on this judgment on this blog.] In Koushal v Naz—the case being touted as one of its worst judgments—a two-judge bench of the Supreme Court recently …
Continue readingI 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 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 …
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