Ghana’s Homophobic and Heteronormative Colonial Laws: An International Law Perspective

In this post, the authors delve into the veracity behind Ghana’s legal regime on LGBTQ+ rights. They attempt to do this by scrutinising its legal framework, the influence of its socio-religious fabric on the same, and its international legal obligations. The authors argue that LGBTQ+ rights, as opposed to ‘special rights’, are inherently embedded in the body of international human rights. Further, they argue that there is ample room in the Ghanaian Constitution to honour and import the construction of ‘sex’ and ‘gender’ to include sexual orientation and gender identity as per the international standards. Continue reading Ghana’s Homophobic and Heteronormative Colonial Laws: An International Law Perspective

Conversion Therapy in India: In Light of Sushma v. Commissioner of Police

In this post, in light of a recent judgment from the Madras High Court, the author critically analyses the practice of conversion therapy and the severely adverse impact it has left on the LGBTQIA+ community. The author also expounds upon the grounds on which it could be banned in India as per precedents, existing laws and conventions, and by taking inspiration from countries which have successfully banned this social evil. Continue reading Conversion Therapy in India: In Light of Sushma v. Commissioner of Police

A Politicised Right to Education

By: Shomesh Srivastava “The function of education is to teach one to think intensively and to think critically. Intelligence plus character – that is the goal of true education.” –Martin Luther King Jr. Two incidents relating to syllabus cut made by Central Board of Secondary Education (CBSE) and the Assam Higher Secondary Education Council (hereinafter ‘AHSEC’) have raised two primary constitutional questions about the rights … Continue reading A Politicised Right to Education

No Privacy for Prisoners in India

In this post, the author argues that the increasing installation of CCTV cameras in barracks and cells of prisons by state governments violates the right to privacy of prisoners. The author strives to establish how Supreme Court’s direction to install CCTV cameras in prisons fails to satisfy the proportionality and necessity test laid down by it in the Puttaswamy judgment, and therefore the SC needs to revisit its direction in light of the right to privacy recognised by it. Continue reading No Privacy for Prisoners in India

In Pursuit of Exclusion: Foreigners Tribunals: Part II (Through the Lens of International Law)

In this post, the author argues as to how the working of the Foreigners Tribunals does not adhere to set international standards and concludes by suggesting reforms which shall be incorporated to protect the rights of those concerned. Continue reading In Pursuit of Exclusion: Foreigners Tribunals: Part II (Through the Lens of International Law)

In Pursuit of Exclusion: Foreigners Tribunals: Part I (Structural Deficiencies)

In this post, the author discusses the structural deficiencies in the working of the Foreigners Tribunals established as per the Foreigners Act, 1946 and the Foreigners (Tribunal) Order, 1964. The author further discusses the evidentiary hiccups created as a result of shifting the burden of proof on the accused. Continue reading In Pursuit of Exclusion: Foreigners Tribunals: Part I (Structural Deficiencies)

Ban on Sex-Reassignment Surgery on Intersex Children: Resolving the Conflict Between Parental Consent and the Doctrine of Parens Patriae

In this post, Merrin Muhammed Ashraf throws light on the Tamil Nadu Government’s Order which banned sex-reassignment surgery on intersex children. With the help of jurisprudence of UN Convention on Rights of Child and the US Courts, Merin argues in favour of the ban. Continue reading Ban on Sex-Reassignment Surgery on Intersex Children: Resolving the Conflict Between Parental Consent and the Doctrine of Parens Patriae

The National Registry of Indian Citizens Exercise: A Mammoth Step Towards a Demographic Debacle

In this post, Venkata Supreeth discusses the idea of the National Registry of Indian Citizens as a necessary evil to combat the problem of infiltration, and identifies problems which may arise out of the Government’s attempt to erase the results of decades of negligence. Continue reading The National Registry of Indian Citizens Exercise: A Mammoth Step Towards a Demographic Debacle

The Right to Abort: An Argument for Autonomy

In the latest post, Akash attempts to analyse the debate surrounding women’s right to abort, takes in review the existing state of affairs in the United States with respect to existing laws placing restrictions on women’s choice, and propounds the argument of their autonomy. Continue reading The Right to Abort: An Argument for Autonomy

On Aadhaar: Part II (Use of Aadhaar’s Platform by Private Entities)

By: Digvijay Chaudhary During the proceedings of the Aadhaar Act (hereinafter ‘the act’), Chandrachud, J. remarked that surveillance is not necessarily the argument that has to be answered by the respondents (State) and other areas of concern in the act need to be identified such as the use of the Aadhaar platform by private entities. This brings to our next concern; the use of Aadhaar … Continue reading On Aadhaar: Part II (Use of Aadhaar’s Platform by Private Entities)