Countering Alok Prasanna Kumar’s counter-argument earlier this week, Sudhir Krishnaswamy and Shishir Bail counter that a presidential reference remains the best course of action to remedy the Supreme Court’s reversal of the Delhi high court’s judgement that struck down section 377.

Advocate Alok Prasanna Kumar argues against a presidential reference as a tool to cure Koushal v Naz, as suggested in a previous column by Sudhir Krishnaswamy and Shishir Bail.

Today the Supreme Court has rejected a review of its own Section 377 judgment. A curative petition too will likely end in failure, given the high rate of rejection for review and curative petitions. But while there is much wrong with the Koushal v Naz judgment, we should not give in to the temptation that Section 377 cannot be struck down by a Constitutional Court and must instead be left to Parliament to repeal. For one, there isn’t even a cogent argument to that effect you will find on reading the Supreme Court of India’s judgment in Koushal.

Supreme Court justices HL Dattu and Sidhansu Jyoti Mukhopadhaya have rejected a number of review petitions of its late 2013 judgment that effectively re-criminalised homosexual intercourse. The bench said in its order: “We have gone through the Review Petitions and the connected papers. We see no re...

Former Himachal Pradesh high court chief justice, Delhi high court justice and law commission member Leila Seth, who is also mother to a son who is homosexual, writes condemning the Supreme Court judgement re-criminalising homosexual intercourse in the Times of India . The original Delhi high court ...

Sudhir Krishnaswamy and Shishir Bail argue that a presidential reference against the Supreme Court’s reversal of the Delhi high court’s judgement in Naz, is strategically superior as it provides the court with the institutional process and scope for enquiry that is necessary to address the critical constitutional questions that have arisen through the Supreme Court’s judgement that overruled the lower court.

**Bombay HC new judges The Bombay HC got five new additional judges today in lawyers Vinay Manohar Deshpande, Ajey Gadkari, Nitin Sambre, Girish Kulkarni and B S Colabawalla [ PTI ] **NGT not HC-enough for suo motu The National Green Tribunal (NGT) has no power to take cognisance of cases on its own...

Advocate-on-record Amit Gupta puts forward the unfashionable opinion that, although Justice GS Singhvi’s judgment in the section 377 gay sex case was not perfect and unpopular, he did in fact get the law right.

Section #377 attracts international condemnation The Supreme Court’s upholding of section 377 banning homosexual intercourse, has continued attracting global attention with thousands of newspaper articles globally [ Google News ], and protests by gay activists around the globe opposing the judgment ...

Jindal Global Law School (JGLS) senior research associate Surabhi Shukla argues that the Supreme Court made a serious error in its judgment, which would pave the way for a review petition of the judgment.

The overwhelming majority of column inches spilled since yesterday’s historic about-turn by the Indian judicial system , were highly critical of the effect of the Supreme Court’s decision to uphold the constitutional validity of section 377 criminalising homosexual intercourse. Arguments were vocife...

Legally India has culled seven main reasons from the 98-page judgment, explaining why the Supreme Court decided that a lower court was wrong to repeal the law effectively banning homosexual intercourse.

The Supreme Court has criminalised homosexual intercourse between consenting adults today, reversing the Delhi high court’s 2009 decision to overturn section 377.

The NUJS Law Review has launched a special issue on gay rights today, which the editors hope will help the Supreme Court when hearing the appeal against the Naz Foundation’s section 377 victory.

He was the driving force behind the recent historic judgement that effectively decriminalised homosexuality by ‘reading down’ section 377 last month. But Anand Grover’s battle has been far older than just that case, starting 20 years ago with a series of painful setbacks, death and a growing obsession.

The Lawyers Collective has emerged victorious in its bid to decriminalise homosexuality by overturning the so-called Section 377 law in the Delhi High Court this morning.