Privacy | Law and Other Things

An Unnatural, Exceptional Confusion

On July 28, 2016 By Vikram Raghavan In Constitutional Interpretation, Constitutional Law, Discrimination, Equality, Fundamental Rights, Privacy

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 …

The s.377 Curative Petition: In Favour of a Broader Jurisdiction for the Supreme Court

On February 9, 2016 By Anup Surendranath In Constitutional Interpretation, Discrimination, Equality, Fundamental Rights, Privacy

(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 …

Koushal v Naz: The Legislative Court

On December 22, 2013 By Tarunabh Khaitan In Delhi High Court, Discrimination, Free Speech, Fundamental Rights, Privacy, Supreme Court of India

[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 …

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 …

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 …