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Showing posts from October, 2023

Same Sex Marriage Verdict: Apolitical Politics of Court

Every judgment of the Constitutional court solves and unsolves certain fundamental questions. Court often takes two steps forward and one step backward (Shklar). Navtej Johar was rightly celebrated as a progressive judgment which recognised same sex relationships on the touchstone of constitutional morality. In a way, judgment progressively explored the colonial and post-colonial politics and reviewed Section 377, IPC from the perspective of constitutional morality emanating from the "objective purposive interpretation",  a concept devised by Justice Aharon Barack, a former judge of Israel Supreme Court. NALSA judgment already went ahead with the recommendations to broaden the scope of reservation policy in India to allow the constitutional protection of sexual minorities. The latest judgment has attracted widespread criticism from the intellectuals. Many of them have argued that the Court has not taken its responsibility in protecting the rights of sexual minorities. There i