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Saurabh Kirpal on the Constitutional Case for Marriage Equality in India

Ideas of India

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The Importance of Article 15 in the Age of Marriage

I think this conflation is on purpose been done by various judges across all benches because they want the convenience of being able to pull something out of a past judgement and use it in a later court. No and I think adding to that is also the judge the opinions that individual judges are writing have become one extremely lengthy and sometimes incomprehensible. We cannot invoke Article 21 like a mantra and say please create for us something which otherwise has unspecified gone to us, I E marriage. But we may need to rely on Article 21 to give in substantive purpose to the right of equality so that the idea of marriage becomes an almost enabling provision rather than a provision that first gives the impetus to it.

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