human rights

  • 17 December 2013

    Opinion: A rare defence of Justice Singhvi in the section 377 'media trial'

    Advocate-on-record Amit Gupta puts forward the unfashionable opinion that, although Justice GS Singhvi’s judgment in the section 377 gay sex case was not perfect and unpopular, he did in fact get the law right.

  • 16 December 2013

    #377 round-up: Global condemnation continues as lawyers prep review petition & lobby, BJP speaks against gay sex & NCRB to gather stats

    Section #377 attracts international condemnation
    The Supreme Court’s upholding of section 377 banning homosexual intercourse, has continued attracting global attention with thousands of newspaper articles globally [Google News], and protests by gay activists around the globe opposing the judgment [Gay Star News]

  • 12 December 2013

    The SC’s material errors should enable ‘review petition’ of its #377 judgment

    Surabhi ShuklaSurabhi ShuklaJindal Global Law School (JGLS) senior research associate Surabhi Shukla argues that the Supreme Court made a serious error in its judgment, which would pave the way for a review petition of the judgment.

  • 12 December 2013

    Column inches slamming SC’s Naz ruling overwhelm but 2009 academic argues how #377 is constitutional

    The overwhelming majority of column inches spilled since yesterday’s historic about-turn by the Indian judicial system, were highly critical of the effect of the Supreme Court’s decision to uphold the constitutional validity of section 377 criminalising homosexual intercourse. Arguments were vociferous, both from a moral perspective and on jurisprudential and legal grounds (and incidentally featured a lot of alums of India’s first national law school).

  • 11 December 2013

    7 creative (legal) reasons the Supreme Court found not to strike down Section #377

    377377Legally India has culled seven main reasons from the 98-page judgment, explaining why the Supreme Court decided that a lower court was wrong to repeal the law effectively banning homosexual intercourse.

  • 13 December 2011

    India must lead to make South Asia human rights commission: Justice Ganguly

    imageimage Justice AK Ganguly said that a South Asian human rights commission should be created with India taking the lead, in his keynote speech at the OP Jindal Global University workshop on knowledge sharing on sub-regional human rights mechanisms.

  • 25 November 2009

    NUJS journal to assist Supreme Court Judges in gay rights appeal

    rainbowflagrainbowflagThe NUJS Law Review has launched a special issue on gay rights today, which the editors hope will help the Supreme Court when hearing the appeal against the Naz Foundation's section 377 victory.
    rainbowflagrainbowflagThe NUJS Law Review has launched a special issue on gay rights today, which the editors hope will help the Supreme Court when hearing the appeal against the Naz Foundation's section 377 victory.

    The issue contains 12 articles by domestic and international jurists interpreting the revolutionary Naz Foundation judgement, where the Delhi High Court read down the controversial section 377 of the Indian Penal Code.

    NUJS Law Review editorial board member Abhyudaya Agarwal said that they had decided to bring out the gay rights special edition of the journal after the judgement in July.

    "We wanted to come out with a publication covering all legal aspects so at the end of it we could come out with a special issue that could come out as a guide to the Supreme Court of India [in hearing the appeal]," he said.

    He added that the journal attempted to cover every single legal issue and angle that could be presented to the Supreme Court on the topic.

    In August the Supreme Court cited an article from the National Law School of India Review, which is published by the NLSIU Bangalore.

    This is the seventh issue of NUJS' quarterly journal and runs to more than 200 pages.

    Topics covered include a comprehensive legal analysis of the judgement and one essay questioning other avenues the court could have taken in reaching the same decision by attacking the "order of nature" wording of the statue under Article 14 of the constitution.

    While no papers criticise the judgement on moral grounds, one paper opposes its constitutional and legal grounds.

    Another essay analyses the jurisprudential and philosophical basis of the judgement, in the vein of Ronald Dworkin or H.L.A. Hart which Indian writers do not generally do, according to Agarwal.

    The author NUJS Kolkata Pritam Baruah wrote that "the judgment reaches desirable conclusions but suffers from analytical rigour in its reasoning. It also calls for greater care in using concepts like dignity, privacy and autonomy in adjudication by highlighting some of the problems associated with their use."

    Two NUJS students have also contributed an article, selected out of almost 20 student submissions from students at various Indian law schools.

    The NUJS Law Review is edited by NUJS Kolkata students Salonika Kataria, Ushasi Khan, Abhishek Tripathy, Abhyudaya Agarwal, Mriganka Shekhar Dutta and Deepak Raju.

    Section 377 criminalised "carnal intercourse against the order of nature with any man, woman or animal" with a maximum sentence of life imprisonment and was widely criticised as a law that was used by the police to harass the gay community.

    Legal non-governmental organisation (NGO) The Lawyers Collective represented the Naz Foundation NGO on the Supreme Court case.

    The Government has indicated it would not make a decision on the subject and would leave it to the Supreme Court to make a call.

    Several appeals to the section 377 decision are expected to be heard in December, with a total of eight petitions having been made on grounds such as "public morality" and the protection of children.

    Read our interview with The Lawyers Collective Anand Grover about the long road to getting section 377 overturned.
  • 02 July 2009

    Lawyers Collective overturns anti-gay law

    rainbowflag_thrainbowflag_thThe Lawyers Collective has emerged victorious in its bid to decriminalise homosexuality by overturning the so-called Section 377 law in the Delhi High Court this morning.

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