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International Commission of Jurists briefing paper on 377 Curative



On March 24, 2016, the International Commission of Jurists (ICJ) has published a briefing paper on the Curative Petitition filed against the Koushal verdict on Section 377. Written in the form of an FAQ, it answers such questions as

  • What is a Curative Petition?
  • What are the grounds for a Curative Petition?
  • What were the grounds raised in the Naz Foundation “Curative Petition”?
  • What is the success rate of a Curative Petition?
  • What is a Constitutional Bench?
  • What are the immediate next steps and what is the possible time line?
  • When was the original petition filed? What were the steps it took to reach this stage?
  • What can the other branches of government do?

It concludes with a section on India’s international legal obligations on this issue, including mention of relevant articles of the International Covenant on Civil and Political Rights (ICCPR), to which India is bound.

Download the paper (PDF) here, and read a blogpost from ICJ on the subject here.

Readers may also be interested in the fact-sheet assembled by NLSIU students, available here.


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