Wednesday, October 1, 2008

The Naz Foundation case

The Delhi High Court is hearing arguments on a case dealing with the constitutionality of Section 377 of the Indian Penal Code. Lawyers Collective is posting excellent minutes of the arguments before the Court, available here.

The minutes point to (another) rather strange submission by the Union of India. The Union had originally sought to argue on grounds of morality. Now, in an extremely strange argument, the Union relied on A.K. Gopalan to argue that restrictions on Article 21 cannot be challenged if enacted by a valid law. Rather strange, given the numerous judgments on "procedure established by law" in Article 21.

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