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Guest Post: Consistency across Statutes and Article 14 in Harsora vs Harsora – A Further Critique

Indian Constitutional Law and Philosophy

(This is a guest post by Rahul Bajaj, a final-year law student at the University of Nagpur)

On this blog, there has been a discussion of (see here and here) Justice Nariman’s recent judgment in the case of Hiral P. Harsora versus Kusum Narottamdas Harsora and Ors., in which Section 2(Q) of the Protection of Women from Domestic Violence Act of 2005 (“the Act”) was struck down as being violative of Article 14 of the Constitution. In his comment on this judgment, Gautam described the case as a “textbook application of Article 14 doctrine”, inasmuch as Justice Nariman found that the distinction that Section 2(q) created between adult male and female respondents and between adult and non-adult male respondents, was not founded upon an intelligible differentia and did not bear a rational nexus with the object of the statute.

However, I would submit that the judgment, far from…

View original post 1,016 more words

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