Supreme Court of India – Page 7 – Law and Other Things

The Privacy Hearings: Some Notes on Supreme Court Practice (Guest post by Ujwala Uppaluri)

On July 22, 2017 By Guest In Equality, Fundamental Rights, Privacy, Supreme Court of India

(This is the first post of a 3-part series by Ujwala Uppaluri on the ‘right to privacy’ hearings before the Supreme Court of India. Ujwala is a graduate of NUJS Kolkata and Harvard Law School. …

Reimagining the Vision of Religion-based Sex Discrimination Through Sabarimala

On February 26, 2016 By Anup Surendranath In Constitutional Law, Discrimination, Editor's Choice, Equality, Fundamental Rights, Supreme Court of India, Women's Rights

(Guest post by Shreya Atrey) On a friend’s invitation, I attended a Sabbath service at her synagogue, which is part of the Jewish Renewal movement. The Rabbi welcomed the ‘newcomers’ individually. As a secularist, …

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 …

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 …