India’s New Transgender Bill and its Discontents
The government of India attempted to take a progressive step to protect the rights and dignity of transgender persons by introducing the Transgender Persons (Protection of Rights) Bill 2016. This...
India
The Indian Anti-Trafficking Bill, 2018: A Misguided Attempt to Resolve the Human Trafficking Crisis in India
The controversial Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill, 2018 (The Bill), is slated for debate and approval by the Indian Parliament’s upper house (Rajya Sabha) in its winter...
Affirmative Action Without Accessibility: India’s Higher Education System Fails Disabled Students
2.21 % of India’s population is disabled, and many of these disabled persons are subject to exclusion and discrimination in accessing higher education. To secure the rights of disabled people,...
Indian Supreme Court Judge Calls for Abolishing the Death Penalty
In a powerful dissenting opinion that has reignited the debate on the retention of the death penalty in India, Justice Kurian Joseph of the Indian Supreme Court has called for...
An Analysis of the NRC controversy in Assam: Migration and Citizenship in India
On July 30, 2018, the second draft of the National Register of Citizens (NRC) was published by the Government of Assam, in line with the 1985 Assam Accord. The aim...
Legal Gaps and Inconsistencies in India’s Commercial Surrogacy Ban
The Surrogacy (Regulation) Bill, 2016, which was laid on the tables of both Houses in August 2017, no longer allows non-Indians to commission surrogacy in India. Only infertile Indian couples...
LBGT+ Rights in India
This blog is the third in a series that takes a snapshot of where LGBT+ rights are in 2018, as a result of some recent significant decisions across the Americas,...
Aadhaar Verdict: A Middle Path
The Supreme Court of India has emerged as a strong force in safeguarding the Constitutional values, and has had a memorable term of landmark verdicts, dealing with questions that relate...
Indian Supreme Court Decriminalises Adultery: A Step Closer to Criminalising Marital Rape
In the landmark decision in Joseph Shine v Union of India on 27 September 2018, the Indian Supreme Court unanimously struck down a 150-year old penal provision criminalising adultery as...
Indian Gay Rights Case opens gateways for Article 15 and Intersectionality
In a landmark judgment on 6th September, 2018, a five judge constitution bench of the Supreme Court of India in Navtej Johar v Union of India decriminalised same-sex relations. In...
Deporting Rohingya Refugees: Indian Supreme Court Violates Principle of Non-refoulement
On 4 October 2018, a three judge bench of the Supreme Court of India refused to stay the deportation of seven Rohingya refugees from India to Myanmar. These men were...
Indian Supreme Court Strikes Down Ban on Women’s Entry into Religious Temple
Recently, a (4:1) majority of a five-judge bench of the Indian Supreme Court in Indian Lawyers Association v. State of Kerala upheld the right of women to worship in the...
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