Should same sex marriage be legalised in India – 3

The impugned provisions of the Special Marriage Act of 1954 are based on irrational and discriminatory stereotype gender roles assigned by the society to man and woman and thus cannot pass the test of non-discrimination imposed by Article 15(1) of the Const. Justice Chandrachud, in his concurrent opinion in Navtej Singh Judgement, had opined that:... Continue Reading →

Should same sex marriage be legalised in India 2

In the Naz Foundation v. Government of NCT of Delhi and others, It is argued that the Delhi High Court in Naz Foundation (supra) has  referred  to  and  analysed  the  concept  of  const.al  morality and ultimately struck down § 377 IPC clearly stating that carnal intercourse  between  homosexuals  and  heterosexuals  with  consent cannot be an... Continue Reading →

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