In recent times there has been several significant decisions from the Supreme Court of India and two pending issues with potentially drastic implications for enjoyment of fundamental rights.
The judgements in ShayaraBano v. Union of India (triple talaq case) and Justice Puttaswamy v. Union of India (the privacy case) has triggered interesting inferences and
prophecies for the future of constitutional jurisprudence.
In this context, it would be pertinent to debate and assess the effect of the same on connected issues of law and society.
The judgement, by affirming the right to privacy albeit with restrictions, sets forth the possibility of a fresh prospect on several issues connected to it.
For instance, the judgement can be interpreted as having the potential effect of overruling
the decision of the Supreme Court on the issue of sexual orientation.
It would also clarify the position with respect to transgender rights, the judgement which was silent on the question of sexual orientation in the context of the right to privacy.
The judgement in ShayaraBano v. Union of India, while outlawing triple talaq, has triggered speculations with respect to the relationship between secular constitutional mandates and personal or religious laws.
The future course of reforms to personal laws could either be stymied or facilitated
particularly in the context of the debate on Uniform Civil Code (pending before the apex court).
The Supreme Court directions on the national anthem (ShyamNarainChoukseyv. Union of India (2016) related solemn formalities raise concerns on freedom of speech and expression as it disturbs the ruling on the same issue in Bijoe Immanuel v. State of
Thrusting a form of outward expression or coerced speech and expression could equally be violative of the guarantee of freedom of speech and expression. Trade and commerce that deal with matters qualifying as res extra commerciam such as trade in liquor has met with a fresh ground of controversy with the political class promoting a no holds barred liquor policy and the Supreme Court of India setting down regulatory conditions.
This is a strange reversal of political will as liquor ban imposed by the prior government
in Kerala had been upheld by the Supreme Court of India (The Kerala Bar Hotels Association v. State of Kerala (29-12- 2015).
The regulations on trade of cattle with its implications on fundamental rights indirectly effecting a constraint on cow slaughter has raised considerable constitutional debate. The
mass exodus of Rohingya immigrants into India has raised questions on their status within the Indian constitutional framework and international law.
This national seminar intends to debate the implications of the aforementioned developments and bring out refreshing perspectives, propositions and suitable recommendations.
This post was first published on: November 14, 2017