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Shubhankar Dam

2014

Articles 1 - 4 of 4

Full-Text Articles in Law

India: Supreme Court Recriminalises "Carnal Intercourse Against The Order Of Nature", Shubhankar Dam Mar 2014

India: Supreme Court Recriminalises "Carnal Intercourse Against The Order Of Nature", Shubhankar Dam

Shubhankar Dam

The Indian Penal Code, 1860 in s. 377 makes “carnal intercourse against the order of nature with any man, woman or animal” punishable with imprisonment for life. In Suresh Kumar Koushal and another v. NAZ Foundation and others, reversing a 2009 decision of the Delhi High Court, India's Supreme Court concluded that the provision is constitutionally valid. As a result, India now rejoins 76 other jurisdictions in criminalizing same-sex behavior. The decision is for the most part poorly written and insufficiently reasoned, and the four strands of arguments, individually and collectively, leave much to be desired. This comment for the …

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The Crisis In Hong Kong: Can Comparative Law Help?, Shubhankar Dam Dec 2013

The Crisis In Hong Kong: Can Comparative Law Help?, Shubhankar Dam

Shubhankar Dam

No abstract provided.

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Constitutionally Lawless: Ordinance Raj In India, Shubhankar Dam Dec 2013

Constitutionally Lawless: Ordinance Raj In India, Shubhankar Dam

Shubhankar Dam

No abstract provided.

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Presidential Legislation In India: The Law And Practice Of Ordinances, Shubhankar Dam Dec 2013

Presidential Legislation In India: The Law And Practice Of Ordinances, Shubhankar Dam

Shubhankar Dam

India has a parliamentary system. Yet the president has authority to occasionally enact legislation (or ordinances) without involving parliament. This book is a study of ordinances at the national level in India, centred around three themes. First, it tells the story of how an artefact of British constitutional history, over time, became part of India’s legislative system. Second, it offers an empirical account of the ways in which presidents have resorted to ordinances in post-independence India. Third, the book analyses a range of ordinance-related questions, including some that are yet to be judicially adjudicated. In the process, the book explains …

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