Progressive Cases

This page aims to collate Supreme Court and High Court cases that advance a progressive, civil-rights oriented vision of Indian constitutional law. Please leave suggestions in the comments section, or email them to gautambhatia1988@gmail.com

Privacy

1. T. Sareetha v. T. Venkata Subbaiah, AIR 1983 AP 356: In this case, the Andhra Pradesh High Court held that S. 9 of the Hindu Marriage Act [“restitution of conjugal rights”] was void because it violated the right to personal privacy.

Discrimination

1. Naz Foundation v. Government of NCT of Delhi, WP(C) No. 7455/2001 (2009): The Delhi High Court held that criminalising consensual same-sex intercourse between adults violated the right to equality (Article 14), non-discrimination on the basis of sexual orientation (Article 15) and privacy (Article 21).

2. Anuj Garg v. Hotel Association of India, AIR 2008 SC 663: The Supreme Court held that laws treating men and women unequally, which were based on stereotyped generalisations about the sex roles in the society, were unconstitutional.

3. Indian Medical Association v. Union of India, AIR 2011 SC 2365: Relying upon the Constituent Assembly Debates, the Supreme Court held that Article 15(2)’s guarantee against horizontal discrimination was meant to include most arms-length, market-based transactions.

Freedom of Speech

1. Tara Singh Gopi Chand v. State, 1951 CriLJ 449: The Punjab-Haryana High Court held both sedition (S. 124-A) and S. 153A of the IPC to be inconsistent with the constitutional guarantee of freedom of speech and expression, and struck down both sections.

 

 

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2 responses to “Progressive Cases

  1. Pingback: Progressive Cases – LAW SCHOOL LEARNERS

  2. Curious

    I believe it is time to update the list in light of the Privacy judgment.

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