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...
India
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...
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?
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
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...
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