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Decriminalizing Adultery: What is missing? After perusal of 243-page judgement of the Honorable apex court in Joseph Shine vs. Union of India  (2018) which decriminalises the adultery law in India i.e. Section 497 of the Indian Penal Code(hereinafter referred as  IPC ) 1860 and Section 198(2) of  Crpc , 1973, I thought another alternative could have been given along with striking down section 497 of  IPC . Section 497 of  IPC  is reproduced here as follows: "Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rape, is guilty of the...
Reservation in Promotion: Revisiting M. Nagraj and Indra sawhney With the insertion of Article 16(4-A), the 77th constitutional amendment in 1995. A completely new debate has been authored whether the person once gets the benefit of reservation again entitled for it?  The said Article is reproduced here as follows : Article 16 (4A) :  Nothing in this article shall prevent the State from making any provision for reservation in matters of promotion, with consequential seniority, to any class or classes of posts in the services under the State in favour of the Scheduled Castes and the Scheduled Tribes which, in the opinion of the State, are not adequately represented in the services under the State. The rationale behind the reservation under Article 16 (Equality of opportunity in matters of public employment) was that a certain group of individuals were seen as downgraded people by the upper strata of the society, so by introducing reservation they would able ...
Does it end?  The struggle of LGBTQ in India With the recent verdict of the Hon'ble Supreme Court in Navtej Singh Johar & Ors. v. Union of India which Partially Struck down the 158 year old archaic colonial provision i.e. Section 377 of Indian Penal Code,1860 (IPC) as being violative of Article 14 (Right to Equality) and Article 21 (Right to life and personal liberty) of the Constitution.  Indians got their third major freedom i.e. Freedom of choice after this historic verdict. While two previous freedoms were procured earlier viz. freedom from colonial era in 1947 when India become independent and another one economic freedom when LPG (Liberalization, Privatization and Globalization) was introduced in 1991.   The interesting fact is that England which burdened Indians with this archaic rule has decriminalized homosexuality in 1960's by "Sexual Offenders Act, 1967".  Section 377 of the IPC states: “Whoever voluntarily has carnal inter­course agains...