Home » Posts tagged with » Indian Penal Code

Reviewing Koushal: Counting Down the Errors Apparent on the Face of the Record

Reviewing Koushal: Counting Down the Errors Apparent on the Face of the Record

The seven review petitions filed in the case of Koushal v Naz Foundation (“Koushal”) are an exercise in drawing up the rather lengthy list of errors apparent on the face of the Supreme Court of India’s record. On 11.12.13 the Supreme Court in Koushal reversed the Delhi High Court decision in Naz Foundation v Government [...]

Naz and Reclaiming Counter-Majoritarianism

Naz and Reclaiming Counter-Majoritarianism

The term “counter-majoritarian” has, more often than not, been used in a derogatory fashion – especially when it is used to describe an institution like the Supreme Court. However, after the Supreme Court’s ruling on S.377 of the Indian Penal Code, whereby it re-criminalized homosexuality after four years of it being decriminalized in India, it [...]

Naz Foundation: Reading Down the Supreme Court

Naz Foundation: Reading Down the Supreme Court

There is no doubt that the Supreme Court in Suresh Kumar v Naz Foundation held that section 377 of the Indian Penal Code, which criminalizes ‘carnal intercourse against the order of nature,’ was constitutionally valid. The court overruled the 2009 Delhi High Court decision which had read down section 377 to exclude ‘consensual sexual acts [...]

Of Koushal v NAZ Foundation’s Several Travesties: Discrimination and Democracy

Of Koushal v NAZ Foundation’s Several Travesties: Discrimination and Democracy

There are many things wrong about the 98 page decision of the Indian Supreme Court in Suresh Kumar Koushal v NAZ Foundation. The Court’s extensive quoting but tenacious refusal to engage with the text of the Delhi High Court judgement (of which this case is an appeal); reciting but refusing to analyse the arguments made [...]

Rape and Reform in India: No Legal Fix for a Systemic Problem

Rape and Reform in India: No Legal Fix for a Systemic Problem

by Shishir Bail and Sudhir Krishnaswamy -  The brutal rape and mutilation of a 5-year-old girl in Delhi last week has sparked fierce protests reminiscent of the national outrage invoked by the December 2012 gang-rape of a student, also in Delhi. Very quickly political parties have joined these protests to demand swift ‘justice’. Late last year, the [...]

Lifting As We Climb

Lifting As We Climb

Upon the formation of the National Association of Colored Women’s Club, the chosen motto read: Lifting As We Climb. This principle was guided by the aspiration that the movement of Afro-American women must also guarantee the upliftment of all sisters and indeed all dispossessed. To them, inclusiveness and diversity was of central significance in feminist [...]

Disappointing Departures from the Verma Committee Report

Disappointing Departures from the Verma Committee Report

The Union Cabinet of the Government of India has cleared an ordinance making changes to India’s rape laws. This comes a few days after the Justice Verma Committee submitted its report (discussed here and here) recommending comprehensive changes to the criminal law in the light of the horrific gangrape in New Delhi in December. The [...]

Clarifying the Law on Consent in The Verma Report

Clarifying the Law on Consent in The Verma Report

After the tragedy of the gang rape in Delhi on December 16, 2012, the Committee on Amendments to Criminal Law (The Verma Report) has submitted recommendations to the Prime Minister of India on reforming the laws on rape. The definition of legal consent to rape and sexual assault raises many challenging issues on the roles [...]

The Justice JS Verma Committee Report on Amendments to Criminal Law relating to Sexual Violence in India- Preliminary Observations

The Justice JS Verma Committee Report on Amendments to Criminal Law relating to Sexual Violence in India- Preliminary Observations

The Justice JS Verma Committee, set up by the Government of India after the horrific  gang-rape in Delhi on December 16, 2012, submitted a 630 page report on 23 January 2012, setting out its recommendations for the reform of India’s sexual violence laws. The Committee received over 80,000 responses to its call for submissions. A copy of [...]

A Quick Overview

Blog posts have been coming in thick and fast over the last month. To help you get up to speed, the editorial team has put together a quick summary of some of the major themes. Justice Verma Committee on Indian sexual violence laws The Justice Verma Committee submitted its report on the reform of India’s [...]