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Horizontal Equality Shrinks Away: Personal Data Protection Bill 2023, 2019 and Other Subject-Specific Laws
The latest draft of the Personal Data Protection Bill 2023 has confirmed that there will be no distinction made for sensitive or special personal data. Provisions that attempted to protect sensitive data with respect to sex life, sexual orientation, transgender or intersex status, caste or tribe and religious or political belief or affiliation are now →
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A Casteist Rule: the 50% Limit on “Reservations”
The Supreme Court on 7th November 2022, upheld the Constitutional Amendment that allows for reservations for economically weaker sections (‘EWS’) in public employment and higher education. Among other issues, one ground of challenge was that the 103rd Constitutional Amendment allowed States to reserve more than 50% of positions, which is a cap set by the →
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Petition Explained: Marriage Equality under the Special Marriage Act by Harish Iyer
This post is part of a series on legal advocacy involving marriage equality in India. Read other posts in the series. Who Is the Petitioner? Harish Iyer (Twitter, LinkedIn, pronouns: he/she) is an LGBTQIA+ activist and columnist. She is part of the Core Advisory Group on LGBTQIA+ issues formed by the NHRC. She has previously →
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Petition Explained: Marriage Equality under the Special Marriage Act and Freedom from Violence by Rituparna Borah and others
This post is part of a series on legal advocacy involving marriage equality in India. Read other posts in the series. Who are the Petitioners? There are 10 petitioners. 4 of them are activists who are part of an informal network known as the National Network for LBI Women and Trans Persons, with members across →
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Looking at ‘Race’ in the Indian Constitution: Origins, Treatment and Some Thoughts
Some constitutional provisions take on gigantic proportions and a few words can have a large impact. Article 21 for example has received so much attention from Constitutional Courts that it might be possible to (tangentially) make any fundamental right claim under it. On the other hand, some parts of the Constitution have remained virtually untouched. →