Articles by Gautam Bhatia
Sabarimala case: It’s not a struggle to defeat religious faith
The Sabarimala case provides the Supreme Court with a chance to bridge the gap between the constitutional ideals and our social reality.
Updated on Jul 23, 2018 06:59 PM IST
Gautam Bhatia
Preventive detention must be used judiciously
Dalit leader Azad’s year in jail without bail or a trial throws a sharp light upon the Indian Constitution’s original sin: a compromise made by the framers in 1950, which has haunted the polity ever since
Updated on Jul 03, 2018 03:11 PM IST
Gautam Bhatia
Why the Supreme Court’s verdict after Karnataka polls is critical for India
In doing so, it further cemented a strong past record in preserving the democratic process, and set an important precedent for the future
Updated on May 29, 2018 08:42 AM IST
Gautam Bhatia
The law on adultery is asymmetric
Section 497 of the IPC is clearly out of step with the founding ideals of the Indian Constitution, which —among other things — guarantee equality before law and non-discrimination on account of sex
Published on May 17, 2018 03:33 PM IST
Gautam Bhatia
Supreme Court cannot take a Janus-faced approach to personal liberty
We need to have a debate about the correctness about the Supreme Court’s judgments in the Section 498A and SC/ST Act cases, and about the protection of the innocent from a criminal justice system that is often brutal, biased, and targeted against the most vulnerable in society
Published on Apr 25, 2018 11:48 AM IST
Gautam Bhatia
The arguments made against making marital rape a criminal offence are not valid
In striking down the marital rape exception, the court will not be creating a new crime, or trespassing into the domain of Parliament. It will be holding that an artificial immunity from criminal law, created by an 1860 law, can no longer survive constitutional scrutiny. And more importantly, it will be realising the promise of the privacy judgment – a further step towards individual dignity and autonomy.
Updated on Apr 02, 2018 12:18 PM IST
Gautam Bhatia
Indirect discrimination: Rules and laws are never really ‘neutral’
Indirect discrimination refers to a situation where a rule or a practice that is seemingly “neutral” or “colour-blind”, nonetheless has a disproportionately adverse impact upon a set or group of people
Published on Feb 23, 2018 12:08 PM IST
Gautam Bhatia
Why does a woman’s religious identity in India still depend on who she’s married to?
At the heart of the Goolrokh Gupta case are two issues: first, who decides religious faith; and second, whether an inter-faith marriage could deprive a woman of the right to continue practicing her old religion
Updated on Jan 18, 2018 02:23 PM IST
Gautam Bhatia
The Transgender Persons Bill sends out a message of subordination and exclusion
The bill makes the recognition of transgender identity conditional upon a certificate issued by a district magistrate and the recommendations of a “screening committee”. What if you had to come before a medical officer to prove that you were actually a man or a woman, before society recognised you as such?
Updated on Dec 22, 2017 05:18 PM IST
Gautam Bhatia
Hadiya has the Constitutional right to make her own choices
To every adult citizen, the Constitution proclaims: “The State is not your keeper. Your family is not your keeper. You are free to make your choices, and yes – free also to make your mistakes.”
Updated on Nov 28, 2017 08:05 PM IST
Gautam Bhatia
Dissenting judgments ensure that the Constitution is a living, breathing document
We must celebrate the tradition of dissent that continues to flourish at the Supreme Court. A dissent is not only an “appeal to a future intelligence”, but a sign of what is possible: if one judge can be convinced today, then tomorrow, perhaps two, or three, or even four might be.
Updated on Nov 20, 2017 06:24 PM IST
Gautam Bhatia
Delhi can either go the industrial way or become a green city
With its patterns of over-expansion, Delhi can either go the industrial way or set an example by becoming a green city writes Gautam Bhatia
Updated on Aug 24, 2015 01:39 AM IST
Gautam Bhatia
Being original isn’t in Indian DNA
Indian mind is so used to ‘borrowing’ from other cultures, that the assumption that native skills are incapable of producing anything of value, still lurks, writes Gautam Bhatia.
Updated on Oct 28, 2007 04:03 AM IST
None | Gautam Bhatia, Mumbai
I, me and all that I flaunt
A watch that’s a phone. A phone that’s a camera. In an age where luxury rules over utility, more and more status-seekers are making mass-produced style statements, writes Gautam Bhatia.
Updated on Jun 24, 2007 12:13 AM IST
None | Guest column | Gautam Bhatia
Hoisting the saffron flag
To be part of the wealthy Diaspora in the US means that you can assert your Hindu identity without fear of repraisal. Indian Americans are staunch supporters of the Hindu Rashtra, writes Gautam Bhatia.
Updated on Jan 28, 2007 12:06 AM IST
None | Guest column | Gautam Bhatia
My home, my ishtyle
Homeowners in Delhi take great interest in the exterior of their homes only because they wish to exhibit their idea of architectural style to the street, writes Gautam Bhatia.
Published on Dec 31, 2006 02:38 AM IST
None | Gautam Bhatia
Sim cities
Following the current trends in global architecture will lead to all cities looking the same. A mishmash of various forms of architecture will make it impossible for a city to retain its character.
Published on Jan 24, 2006 11:31 PM IST
None | Gautam Bhatia
Excavating Hindutva
If a group of villagers were to stage a dharna outside the Rashtrapati Bhavan, claiming that the Lutyens building was built on the site of their ancestral village on Raisina Hill, would the high court help them to demolish the president?s house?
Updated on Mar 31, 2003 06:00 PM IST
PTI | Gautam Bhatia
