Tag: Indian Supreme Court
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Comment on India: Chintan Chandrachud: Koushal v Naz: The Third Way Out
December 11, 2014 will mark one year from the day on which the Indian Supreme Court delivered one of its most heavily criticised judgments in recent history – Suresh Kumar Koushal v Naz Foundation (Koushal). The Court’s holdings in that case are only too well known by now. But briefly, it reversed a Delhi High…
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Comment on India: Chintan Chandrachud: Dance Bars, Dialogue, and the Indian Supreme Court
An interesting constitutional narrative, involving the government of the Indian state of Maharashtra and India’s Supreme Court, is developing. In 2005, the state legislature enacted primary legislation imposing a ban on dance performances in bars, except in certain establishments such as hotels rated three-stars and above. The rationale provided for the ban was that many…
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Tarunabh Khaitan: NALSA v Union of India: What Courts Say, What Courts Do
The Indian Supreme Court has recently delivered an important judgment in the case of National Legal Services Authority v Union of India (NALSA). A two-judge bench comprising Justices Radhakrishnan and Sikri declared, among other things, that hijras (a traditional Indian male-to-female trans group) must be treated as a ‘third gender’ for all legal purposes, and…