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Writing a judicial order in a careless fashion and making presumptions based on gender does not reflect well on the judicial philosophy of treating all genders equally. Any presumption based on gender has no place within our justice delivery system unless provided by law.
The Government was directed to consider the Report made by an expert panel in 2015 which had recommended recognition of same-sex relationships.
“References to traditions, general assumptions or prevailing social attitudes in a particular country are insufficient justification for a difference in treatment on grounds of sex, whether in favour of women or men”
by Charvi Devprakash†
by Kerti Sharma and Shipra Tiwari*