Last Updated: Friday, 19 October 2018, 13:04 GMT

Case Law

Case Law includes national and international jurisprudential decisions. Administrative bodies and tribunals are included.
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NAVTEJ SINGH JOHAR & ORS. (Petitioner(s)) VERSUS UNION OF INDIA THR. SECRETARY MINISTRY OF LAW AND JUSTICE (Respondent(s))

insofar as Section 377 criminalises consensual sexual acts of adults (i.e. persons above the age of 18 years who are competent to consent) in private, is violative of Articles 14, 15,19, and 21 of the Constitution. It is, however, clarified that such consent must be free consent, which is completely voluntary in nature, and devoid of any duress or coercion.

6 September 2018 | Judicial Body: India: Supreme Court | Topic(s): Constitutional law - Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Sexual and reproductive rights | Countries: India

Decision MB6-01059 / MB6-01060 (Jurisprudential Guide, in private) Heard at Refugee Appeals Division, Montreal, Quebec

Jurisprudential Guide: Internal flight alternative in India for claimants from Punjab

6 February 2017 | Judicial Body: Canada: Immigration and Refugee Board of Canada | Topic(s): Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Police - Punjabis | Countries: Canada - India

TG (Interaction of Directives and Rules)

30 January 2017 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Topic(s): Deportation / Forcible return - Tibetan | Countries: China - India - United Kingdom of Great Britain and Northern Ireland

Kaur (children's best interests / public interest interface)

10 January 2017 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Topic(s): Children's rights | Countries: India - United Kingdom of Great Britain and Northern Ireland

AATA Case No. 1503327

24 August 2016 | Judicial Body: Australia: Administrative Appeals Tribunal | Topic(s): Social group discrimination - Women's rights | Countries: Australia - India

AATA Case No. 1501466

6 July 2016 | Judicial Body: Australia: Administrative Appeals Tribunal | Topic(s): Persecution based on political opinion - Physical harm - Social group discrimination | Countries: Australia - India

AATA Case No. 1411916

23 June 2016 | Judicial Body: Australia: Administrative Appeals Tribunal | Topic(s): 1951 Refugee Convention - Credibility assessment - False documents - Persecution based on political opinion - Political parties | Countries: Australia - India

AATA Case No. 1507870

6 June 2016 | Judicial Body: Australia: Administrative Appeals Tribunal | Topic(s): 1951 Refugee Convention - Persecution based on political opinion - Religious discrimination - Religious persecution (including forced conversion) - Sikh | Countries: Australia - India

AATA Case No. 1500436

30 May 2016 | Judicial Body: Australia: Administrative Appeals Tribunal | Topic(s): 1951 Refugee Convention - Credibility assessment - Persecution based on political opinion - Political groups - Political parties | Countries: Australia - India

AATA Case No. 1512699

9 May 2016 | Judicial Body: Australia: Administrative Appeals Tribunal | Topic(s): 1951 Refugee Convention - Mental health - Transgression of social / cultural norms | Countries: Australia - India

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