India

Legal Gaps and Inconsistencies in India’s Commercial Surrogacy Ban

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

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

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

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

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

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

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...
Persecution of rights activists and voices of dissent in India

Persecution of rights activists and voices of dissent in India

Recently, in a series of synchronized raids carried throughout India, various human rights activists and vocal critics of the ruling government were arrested under the Unlawful Activities Prevention Act (UAPA),...
Tackling India’s Devadasi System –  A Matter of Policing and Public Order?

Tackling India’s Devadasi System –  A Matter of Policing and Public Order?

In September 2017, India’s National Human Rights Commission issued notices to the states of Andhra Pradesh and Tamil Nadu about the dedication of young girls to the Devadasi system. However,...
Transformative Constitutionalism: Indian Supreme Court Upholds Constitutional Morality by Reading Down Section 377

Transformative Constitutionalism: Indian Supreme Court Upholds Constitutional Morality by Reading Down Section 377

In a historic judgment pronounced on 6th September 2018, the Supreme Court of India in Navtej Singh Johar vs Union of India declared Section 377 of the Indian Penal Code...
Indian Supreme Court Decriminalizes Same-Sex Relations

Indian Supreme Court Decriminalizes Same-Sex Relations

In a landmark judgment delivered today, the Supreme Court of India decriminalized same-sex relations, and affirmed that the LGBT+ community was entitled to equal rights under the Indian Constitution. The...
Patchy Implementation of the Law is Failing India’s Girls

Patchy Implementation of the Law is Failing India’s Girls

India is suffering from a supposedly ancient yet timely problem. In violation of the law and Constitution, India’s girls are vanishing. It has been reported by government officials that more...

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