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Saurabh Kirpal on the Constitutional Case for Marriage Equality in India

Ideas of India

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The Impact of Article 15 on Marriage Equality

I think when Article 14 tests were adopted they were adopted without much thought about the full implications by a court which was relatively at that point of time formalistic. So I think an Article 15 test is a good test to apply. And there we can break ourselves free from this formulistic to pronged traditional Tendulkar test of Article 14. Those rather easily fulfilled to criteria we do not need to worry about. We therefore then go into the larger domain of a non-discrimination aspect of Article 15 and say how does failure to recognize marriage between a non-heterosexual couple impact their life. Now that is something that may not traditionally fall within the domain of Article 14, but it

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