ISSN (Online) - 2349-8846

Danish SheikhSubscribe to RSS - Danish Sheikh

Queer Rights and the Puttaswamy Judgment

The Puttaswamy judgment is a significant development for the future of legal interventions involving sexual minorities. When it comes to the constitutional challenge of Section 377, the judgment’s acknowledgement of the “chilling effect” vis-à-vis constitutional rights and repudiation of the de minimis rule as it pertains to constitutional harms is crucial in challenging the Supreme Court’s decision in the Suresh Kumar Koushal case.

Struggling for Reason

The judgment of India's highest court has re-established discrimination based on sexual orientation. A close reading of the judgment upholding Section 377 of the Indian Penal Code indicates that the Supreme Court misread the Constitution and legal precedent. More worryingly, it failed to uphold the fundamental rights of Indian citizens.
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