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In a landmark judgement on September 6, the Supreme Court of India (SCI) struck down Section 377 of the Indian Penal Code (IPC) and decriminalized homosexuality. The five-judge Constitution Bench, led by Chief Justice of India (CJI) Dipak Misra unanimously scrapped a 156-year old colonial-era law banning gay sex that was punishable by a jail ..
Topics: Buggery Act • Crime against nature • Dipak Misra • Human sexuality • Indian Penal Code • Law • Legal history • LGBT Rights in India • Same-sex sexuality • Section 377 • Section 377 of the Indian Penal Code • Sex laws
Section 377 of the Indian Penal Code dating back to 1860, introduced during the British rule of India, criminalises sexual activities “against the order of nature”, including homosexual sexual activities. Prior to that, sexual activities, including amongst homosexuals, were not penalised in India. It is rooted in the legacies of British colonial states where in ..
Topics: Human sexuality • Indian Penal Code • Law • Legal history • LGBT culture in India • LGBT rights • LGBT Rights in India • Same-sex sexuality • Section 377 • Section 377 of the Indian Penal Code • Sex laws • Suresh Kumar Koushal v. Naz Foundation
Constitutional law is a body of rules, doctrines and practices that sets out how the machinery of the Government of a State should be organized. These rules and norms decide powers and structures among different entities of a State viz. executive, legislature and judiciary; and also the powers between the central, state / provincial and ..
Anything that is issued under an authority is a writ. Orders, warrants, directions etc. issued under authority are examples of writs. There are five major types of writs viz. habeas corpus, mandamus, prohibition, quo warranto and certiorari. Each of them has different meaning and different implications. In India, both Supreme Court and High Court have ..
The Madras High Court in its verdict held that the pleasure of dismissing or removing a State Minister has to be that of the Governor and not that of the High Court and thus the High Court cannot issue a writ of ‘quo warranto’ for removing a Minister. The Bench of the Madras High Court ..