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 …
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Category: Supreme Court of India
Naz and the Need to Rethink the Presumption of Constitutionality — Guest Post
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 …
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Re-Criminalizing Homosexuality: The Many Sins of Koushal
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 …
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