Saurabh Kirpal on the Constitutional Case for Marriage Equality in India
Ideas of India
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The Problem With Article 15 in the Marriage Equality Case
I think it's probably better for us to focus on Article 15 for the purpose of the marriage equality case. A non-formulistic reading of Article 15 is possible without touching the rigors of article or having to comply with Article 14. Often judges don't even seem to be aware that they are doing that. The niche distinction between Article 14 and 15, the awareness as to the applicable test that you are making in the two sections isn't seen.
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