-The Hindu In upholding the constitutionality of Section 377 of the IPC the Supreme Court has made a judgment that is value-laden, based on a particular worldview that many disagree with The Supreme Court, in its judgment in Suresh Kumar Koushal and another v. NAZ Foundation and others (Civil Appeal No. 10972 of 2013) upholding the constitutionality of Section 377 of the Indian Penal Code, has been widely perceived to have espoused...
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The Unbearable Wrongness Of Koushal vs Naz Foundation -Gautam Bhatia
-Outlook Today's Supreme Court judgment that reverses the Delhi High Court judgment of 2009 is both constitutionally preposterous and morally egregious "If there is one constitutional tenet that can be said to be underlying theme of the Indian Constitution, it is that of ‘inclusiveness'. This Court believes that Indian Constitution reflects this value deeply ingrained in Indian society, nurtured over several generations... Where society can display inclusiveness...
More »In support of patient rights
-The Hindu The Supreme Court's award of a record compensation of Rs.5.9 crore in a case of medical negligence is in continuation of its well-considered stance of balancing the rights of patients with the legitimate protection of doctors when they are on call. The significance of such an approach cannot be overstated in the specific context of India, where the health care system - in the public and the private...
More »A flawed and unwarranted move
-The Hindu The Election Commission might be well-intentioned in seeking to ban opinion polls in the run-up to an election, but the move does not seem to be sound in law, and is certainly not desirable in practice. The reasoning for a ban is that opinion polls influence voters prior to polling, and therefore the results of such polls should be withheld until after the end of voting. Needless to say,...
More »When someone moves your cheese -Maja Daruwala and Venkatesh Nayak
-The Hindu Unlike many countries that have passed laws to protect citizens' privacy, the Indian state is collecting more and more information about private individuals under various pretexts and restricting their right to access their own information Does a serving employee of a premier intelligence agency have the right to inspect his own biodata which that agency handed over to another public authority? Then again, does a former employee of that agency...
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