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...
India
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...
Sexual Harassment in the Indian Legal Profession
Two big sexual harassment complaints have sent shock waves in India this month– one by a legal intern complaining of sexual harassment from a retired Supreme Court judge and another...
Secret Executions in India: Another Reason to Rethink the Death Penalty
Secret executions of death row prisoners are increasingly becoming the order of the day in India. At least three (two ‘successful’, one failed) have been attempted in the last few...
Indian Supreme Court Upholds the Right to Negative Voting
In late September, the Indian Supreme Court, in PUCL v. Union of India, upheld the constitutional right of citizens to cast a negative vote in elections. This judgment crystallizes an...
Children of a Lesser God: Food Politics in India
The tragic loss of 23 children who ate contaminated food at a government-run primary school in the East-Indian state of Bihar, near Patna, speaks volumes about the continued policy paralysis...
Using Public Interest Litigation to Combat Acid Attacks in India
Laxmi was 15 years old when her 32 year old neighbour declared his love for her. He sent her repeated text messages and when she did not respond, approached her...
The Liberty-Equality Debate: Comparing the Lawrence and Naz Foundation Rulings
Last month marked the 10 year anniversary of Lawrence v Texas, where the US Supreme Court ruled that laws that criminalised sodomy were unconstitutional. Like June 26 2013, June 26...
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...
What can we learn from the Novartis case?
By Swaraj Barooah Last week’s decision by the Indian Supreme Court to reject Novartis’ patent application over a leading leukemia drug, Gilvec, has resonated globally. Many hail it as a...
To Whomsoever it May Concern? The Case of Criminal Law (Amendment) Act 2013
The Criminal Law (Amendment) Bill 2013was passed by the Indian Parliament and now awaits the sanction of the President before it replaces the Criminal Law (Amendment) Ordinance 2013. Despite, what...
Death Penalty in India: What the Future Holds
By Vrinda Bhandari – Constitutionally speaking, the death penalty in India is limited to the “rarest of the rare” cases and should be implemented in a time frame which is...
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