Telegraph: “For six months, Minati Khatua, 27, from Rourkela, Orissa, India, was told by her husband, who gave the name Sitakant Routray, that they could not consumate their marriage because ‘he’ was observing a religious ritual.”
- Posted: 12/22/2010
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- Category: Global: Marriage and Family
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- Source: www.telegraph.co.uk
- Tags: Category: Global, Country: India, Global: Marriage and Family, Topic: Homosexual Agenda
Anjaneva Das, Gay and Transgender Rights in India: Naz Foundation V. Government of NCT of Delhi (August 19th, 2009). Available at SSRN: http://ssrn.com/abstract=1701077
“Section 377 of the Indian Penal Code, a figment of colonial creation, has criminalised ‘unnatural sexual acts’ since its application as law in 1862. Homosexuality falls within such acts and may attract punitive measures. In the previous century, legislatures and judiciaries across the globe have upheld laws criminalising homosexuality and transgender behaviour, justifying them on grounds of public decency and morality. With the advent of the contemporary epoch, the movement against the repressive and oppressive nature of Section 377 grew exponentially and reached its culmination in Naz Foundation v. Government of NCT of Delhi, wherein the Delhi High Court recognized the anachronism associated with Section 377 and interpreted it to exclude sexual acts between consenting adults, thus decriminalising homosexuality. Although the ramifications are limited and may be quelled by an act of Parliament, the judgment is a landmark in civil liberties’ litigation and may be regarded as one of the stepping stones to the emancipation of the sexual minorities in India from tyranny and coercion at the hands of the law. This paper is an attempt to extricate the significance and far-reaching effects of this judgment in the face of systemic abuse of homosexuals and transgenders, by enforcers of the law under the facade of upholding Section 377, prior to this judgment. This paper shall examine the constitutional aspects of the judgment i.e. the constitutional validity of the impugned statute against Article 14, 15(1) and 21. The author has attempted to include case law from other common law systems of the world to substantiate the sound nature of the judgment. The debates between Lord Devlin and H.L.A. Hart have also been used for the same.”
- Posted: 11/04/2010
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- Category: Global: Marriage and Family
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- Source: ssrn.com
- Tags: Country: India, Global: Marriage and Family, Topic: Homosexual Agenda, Topic: Legal Periodicals
Koenraad Elst writing in The Brussels Journal: “[T]he mere fact that the Rama Janmabhumi (Rama’s birthplace) site in Ayodhya is well-established as a sacred site for Hindu pilgrimage, is reason enough to protect its functioning as a Hindu sacred site, complete with proper Hindu temple architecture. Ayodhya doesn’t have this status in any other religion . . . So, the sensible and secular thing to do, even for those sceptical of every religious belief involved, is to leave the site to the Hindus . . . a group of ‘eminent historians’ started raising the stakes and turning this local communal deal into a clash of civilizations . . . In Western academe, dozens chose to toe this party-line of disregarding the evidence and denying the obvious, viz. that the Babri Masjid (along with the Kaaba in Mecca, the Mezquita in Cordoba, the Ummayad mosque in Damascus, the Aya Sophia in Istambul, the Quwwatu’l-Islam in Delhi, etc.) was one of the numerous ancient mosques built on, or with materials from, purposely desecrated or demolished non-Muslim places of worship.”
CNN: Indian court splits holy site in three
- Posted: 10/06/2010
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- Category: Global: Religious Liberty
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- Source: www.brusselsjournal.com
- Tags: Category: Global, Country: India, Global: Religious Freedom, Topic: Hinduism, Topic: History, Topic: Islam
Syed Tazkir Inam, Role of Supreme Court in Protection of Muslim Divorced Women (February 24, 2009). Available at SSRN: http://ssrn.com/abstract=1681527
“With the passage of time, mankind has clamoured for special privilege and treatment, and societies across the world have looked towards the courts for benevolent interventions. For this purpose sociological jurisprudence has come a long way from being a theoretical stream towards being consulted for mass reforms by the courts. The Supreme Court of India has played a major role, as the final arbiter of the Constitution. In its performance of this role the Supreme court of India has bring about equality and social change, building way for an advanced and modern outlook. The perspective has been entirely societal oriented and therefore ‘social change,’ has been made the focal point. The approach is to analyze the decisions of the Court, as the reflection of its opinion and contribution towards the attainment of this egalitarian objective. Supreme Court has even played a major role in the upliftment of the conditions of women in India through its landmark judgements.”
- Posted: 09/24/2010
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- Category: Global: Marriage and Family
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- Source: ssrn.com
- Tags: Category: Global, Country: India, Global: Marriage and Family, Global: Religious Freedom, Topic: Divorce, Topic: Islam, Topic: Legal Periodicals
SIFY News: “The Supreme Court Tuesday said the chief secretaries of state governments that have not furnished details of unauthorized religious structures in public places will have to appear in person to answer their failure to comply with the court’s directions. Granting the defaulting state governments yet two more weeks, the apex court bench of Justice Dalveer Bhandari and Justice Deepak Verma said there would be no extension of time to file details of unauthorised structures in public places.”
- Posted: 09/14/2010
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- Category: Global: Religious Liberty
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- Source: sify.com
- Tags: Category: Global, Country: India, Global: Religious Freedom
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