Decriminalising homosexuality in India: The Long, Twisted Road of Section 377
Section 377, Indian Penal Code: Unnatural offences – Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal shall be punished with imprisonment for...
Same-Sex Marriage in Australia: A Bittersweet Victory
In a giant step forward for LGBTIQ rights, same-sex marriage (SSM) in Australia was legalised on 7 December 2017. This result was uplifting, but also bittersweet. The Australian Government could...
Landmark human rights decision to be heard by the Supreme Court of Canada
Next week, a longstanding dispute pitting fundamental freedoms against one another is set to be heard by the Supreme Court of Canada (SCC). Trinity Western University (TWU) is a private,...
QT v Director of Immigration: recognising overseas same-sex marriages and civil partnerships in immigration policy
On 25 September 2017, the Hong Kong Court of Appeal ruled that partners in overseas same-sex marriages and civil partnerships are eligible to apply for spousal dependant visas in Hong...
The Indian Supreme Court’s “Curative” Hearing in the “LGBT Case”
In 2009, the High Court of Delhi decriminalized same-sex relations between consenting adults in India, holding that Section 377 of the Indian Penal Code, which penalised “carnal intercourse against the...
The Indian Supreme Court Declares the Constitutional Right to Privacy
2017 has been a big year for constitutional development in India. In a historic and landmark decision, a 9-judge bench of the Supreme Court pronounced that the right to privacy...
Battling for Equality: Recognizing Civil Service Benefits in Same-sex Marriages
The struggle for LGBTQ rights remains an embryonic fight in Asia, waiting to be further developed through advocacy and legal change, amidst vocal opponents demanding the preservation of conservative values...
First in Asia – Taiwan’s Marriage Equality Ruling in Comparative and Queer Perspectives
On 24 May 2017, the Constitutional Court of Taiwan issued a ruling in favour of same-sex marriage (full text in Chinese; press summary in English). The ruling gave two years...
The DUP’s Worrying Human Rights Record
As talks between the Conservative Party and the Democratic Unionist Party (DUP) continue in the UK, the DUP’s positions on human rights are of general interest. Although the Conservative Party...
The Court of Appeal in Northern Ireland on sexual orientation discrimination – justice served?
The facts of Ashers have been set out on this Blog previously, so only a brief recap is necessary here. The respondent was a gay man who ordered a cake...
Who Benefits From India’s Move to Ban Commercial Surrogacy?
The press release on the latest draft Assisted Reproductive Technology (Regulation) Bill (the Surrogacy Regulation Bill) categorises India as “a surrogacy hub for couples from different countries”, but raises alarm...
LGB, T and LGBT
This post reflects on a recent clarification sought by the Indian government regarding whether or not the term ‘transgender’ — as used in NALSA v Union of India — covers...
