28 min.
Episode 08 - An astrologer reverses time 377: The legal battle against India’s anti-LGBTQ law
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- Documentaire
While most of India lauded the progressive verdict, and debated the future, an astrologer named Suresh Kumar Koushal successfully petitioned the Supreme Court to turn back the clock. He used a Special Leave Petition that allowed him to appeal the Delhi High Court decision in a higher court.
The courtroom atmosphere was very different this time around. The focus shifted from a discussion about fundamental rights to one about the wording of law. We look at its impact on three important articles: Article 14 (equality), Article 15 (non-discrimination) and Article 21 (liberty). And we also learn about a legal principle called de minimus and how it was used in the case.
This case brought to light one of the struggles of India’s Supreme Court: the conflict in its dual role as a constitutional court as well as the highest court of appeals.
Show Notes
All clips and voices used in this podcast are owned by the original creators.
The following guests appeared in this episode:
Anjali Gopala
Tarunabh Khaitan
Vivek Divan
Danish Sheikh, legal scholar and activist
References
NDTV news clip about Ramchandra Siras being fired: https://www.youtube.com/watch?v=mMP_ACinZf4
NDTV news clip about Siras’ death: https://www.youtube.com/watch?v=M_RYPBZhnwo
NDTV interview with lawyer Tripti Tandon after the 2009 Delhi High Court ruling on Section 377: https://www.youtube.com/watch?v=M_RYPBZhnwo
Aaj Tak interview with Suresh Kumar Koushal: https://www.youtube.com/watch?v=WQD3TcAsRCY
Supreme Court of USA oral arguments in Bostock v. Clayton County: https://www.supremecourt.gov/oral_arguments/audio/2019/17-1618
CNN news clip on US Supreme Court verdict in June 2020: https://www.youtube.com/watch?v=wxzRZmTXwPE
Republic World interview with PP Malhotra: https://www.youtube.com/watch?v=yPz3qp0qp7U
NDTV interview with Justice Singhvi: https://www.youtube.com/watch?v=vP5wLDGEe_o
NDTV news clip with Arvind Narrain: https://www.youtube.com/watch?v=IKeuTIFySwk
While most of India lauded the progressive verdict, and debated the future, an astrologer named Suresh Kumar Koushal successfully petitioned the Supreme Court to turn back the clock. He used a Special Leave Petition that allowed him to appeal the Delhi High Court decision in a higher court.
The courtroom atmosphere was very different this time around. The focus shifted from a discussion about fundamental rights to one about the wording of law. We look at its impact on three important articles: Article 14 (equality), Article 15 (non-discrimination) and Article 21 (liberty). And we also learn about a legal principle called de minimus and how it was used in the case.
This case brought to light one of the struggles of India’s Supreme Court: the conflict in its dual role as a constitutional court as well as the highest court of appeals.
Show Notes
All clips and voices used in this podcast are owned by the original creators.
The following guests appeared in this episode:
Anjali Gopala
Tarunabh Khaitan
Vivek Divan
Danish Sheikh, legal scholar and activist
References
NDTV news clip about Ramchandra Siras being fired: https://www.youtube.com/watch?v=mMP_ACinZf4
NDTV news clip about Siras’ death: https://www.youtube.com/watch?v=M_RYPBZhnwo
NDTV interview with lawyer Tripti Tandon after the 2009 Delhi High Court ruling on Section 377: https://www.youtube.com/watch?v=M_RYPBZhnwo
Aaj Tak interview with Suresh Kumar Koushal: https://www.youtube.com/watch?v=WQD3TcAsRCY
Supreme Court of USA oral arguments in Bostock v. Clayton County: https://www.supremecourt.gov/oral_arguments/audio/2019/17-1618
CNN news clip on US Supreme Court verdict in June 2020: https://www.youtube.com/watch?v=wxzRZmTXwPE
Republic World interview with PP Malhotra: https://www.youtube.com/watch?v=yPz3qp0qp7U
NDTV interview with Justice Singhvi: https://www.youtube.com/watch?v=vP5wLDGEe_o
NDTV news clip with Arvind Narrain: https://www.youtube.com/watch?v=IKeuTIFySwk
28 min.