Ideas of India

Saurabh Kirpal on the Constitutional Case for Marriage Equality in India

Aug 3, 2023

01:35:46

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Highlights

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Episode notes

The Question of Reasonable Classification Versus the Protection Under Discrimination

01:20

The Marriage Equality Case

01:20

Introduction

5min

The Problem With Article 15 in the Marriage Equality Case

2min

The Impact of Article 15 on Marriage Equality

3min

The Importance of Article 15 in the Age of Marriage

5min

The Problem With Exogamous Marriages

5min

The Consequences of Article 14 Tests

3min

The Problem With a Case by Case Basis

5min

The Evolution of the Naaru Su Judgment

5min

The Pros and Cons of a Uniform Civil Code

4min

10.

The Future of Marriage in India

5min

11.

The Importance of Marriage in the Daily Business of Life

4min

12.

The Circular Argument for Amendment of the 160 Laws

2min

13.

The Discrimination of Adoption in India

3min

14.

The Fabian Approach to Personal Law

5min

15.

The Importance of Social Acceptance in the LGBTQ Community

2min

16.

The Reimagination of Marriage Equality

3min

17.

The Confusion of the Law in India

2min

18.

The Impact of the Ninth Schedule on the Indian Economy

4min

19.

The Role of the State in the Constitution

4min

20.

The Importance of Legislative Deference

4min

21.

The Disadvantages of the Courts

3min

22.

The Reality of Judgment

4min

23.

The Loss of Legitimacy of the Supreme Court

5min

24.

The Importance of Rule of Law and Certitude in the Financial Market

5min

25.

The Problem With Judges in the High Courts

2min

26.

The State's Role in the Post-Liberalization Society

5min

In this episode, Shruti speaks with Saurabh Kirpal about the constitutional roots of marriage equality, fundamental rights, the role of the state, problems and challenges of the Indian courts and much more. Kirpal is a senior advocate at the Delhi High Court, the author of “Fifteen Judgments: Cases That Shaped India’s Financial Landscape” and the editor of the anthology “Sex and the Supreme Court: How the Law Is Upholding the Dignity of the Indian Citizen.”

Recorded June 26th, 2023.

Read a full transcript enhanced with helpful links.

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