Tag Archives: Supreme Court Judgement

Debates, Genders, Law, Sex

An anti-constitutional judgement: Johannes Manjrekar

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Guest Post by JOHANNES MANJREKAR

The ruling by a two-member bench of the Supreme Court, striking down the judgement of the Delhi high Court which had held that Article 377 – a pre-Constitution, 19th century colonial-era law – violated the spirit and directive principles of the Indian Constitution, seems to break new ground in jurisprudence. In an era where governments worldwide have been engaged in systematically rolling back hard-won civil liberties and individual rights and violating constitutionally guaranteed freedoms and principles, one might be excused for believing that the most urgent duty of an independent judiciary endowed with a reasonable degree of conviction and courage, would be to curb the transgressions of governments against the principles laid down in their own constitutions. The recent ruling of the SC does little to encourage such a belief. Continue reading An anti-constitutional judgement: Johannes Manjrekar →

Debates, Genders

On the SC judgement on Sec 377: Statement from TISS teachers

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It is with deep shock and disappointment that we received the regressive judgment of the Supreme Court dated 11-12-13, on the reading down of Section 377 of the IPC related to the rights of queer (lesbian bisexual gay and transgender…) people in this country, which reverted the decriminalisation of non-normative sexualities following the Delhi High Court judgement in 2009.

The Delhi High Court had based its expansive judgement on the eloquent discussion of constitutional morality by the framers of our Constitution, especially Dr. Ambedkar. Constitutional morality, they argued is the basis for equality of citizens since public morality which is largely the morality of the dominant forces in society can never guarantee democracy, and perhaps even more importantly equality and dignity to its citizens, especially its most marginal citizens. Additionally, The Delhi High Court judgement evoked the spirit of dignity, inclusiveness and non-discrimination, thereby emphasizing equality of all citizens that Nehru spoke of during the Constituent Assembly debates, so necessary for the deeply hierarchical social fabric that our country represents. Continue reading On the SC judgement on Sec 377: Statement from TISS teachers →