Nishant Sirohi | @nishantssirohi

Nishant Sirohi

Nishant is an advocate at the Chamber of Senior Advocate Ms. Indira Jaising. His interests are in the fields of constitutional law, technology and law, and socio-legal aspects of access to justice, civil liberties and human rights. Previously, he worked as a Law Clerk at the High Court of Judicature at Allahabad (October 2017-October 2018). During his Clerkship, he also worked as a Member of the Editorial Committee for the book Gavel and Pen Vol. II, and Newsletter 2017-18 which was published by the Allahabad High Court in October 2018. He completed his B.A.LL.B (Hons.) from Aligarh Muslim University, Aligarh in June 2017.

Articles

Case update

Sabarimala review petitions: SC reserves order

Along with the review petitions, a plea seeking contempt action against the head priest of the Sabarimala temple was also filed for his alleged role to order the cleaning of the premises after some women had visited the temple. A total of 56 review petitions, 4 writ petitions, 2 Special Leave Petitions, along with 2 transfer petitions filed by Kerala Government, and a petition filed by Travancore Dewaswom Board, seeking time to implement the judgment, were listed before the five-judge Constitution Bench of the Supreme Court.

February 6,2019

Section 377

Bombay HC: Extramarital consensual gay relationship isn't a criminal offence

In the present case, the Bombay High Court has correctly settled the proposition that an extramarital consensual gay relationship is not a criminal offence; just like how it is no more a criminal offence in case of a heterosexual spouses. However, such a relationship comes under the purview of “adultery” as a ground for divorce (civil wrong). The Bombay HC judgment signifies the social acceptance of homosexuality as human nature, and it is a step closer to recognising gender equality and different sexual orientations.

February 4,2019

Bhima Koregaon

#BhimaKoregaonArrests: Now Gadchiroli Police takes custody of Surendra Gadling, P Varavara Rao

Gadchiroli police in the late hours of January 30, 2019, took custody of noted human rights lawyer and Nagpur-based Dalit rights activist Surendra Gadling and activist-poet-writer P Varvara Rao from Pune’s Yerwada Jail authorities. The Police made the arrests in connection with another alleged case of involvement of Gadling and Rao in so-called “unlawful activity” related to the Surjagadh case of 2016. With these arrests, the apprehensions of “ever-greening” of charges on the civil rights activities becoming a reality.

January 31,2019

Analysis

Sedition and State Sanction

Delhi Police, firstly, filed the charge-sheet with such serious allegations after almost three years from the date of incident, and secondly, since one of the charges alleged against Kanhaiya Kumar and others is of sedition which falls under Chapter VI of the IPC, the police is bound in law to obtain sanction from the appropriate Government, in this case from the Government of Delhi, which they have not.

January 29,2019

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