Professor Tarun Khaitan cited in Indian Supreme Court judgment on marriage equality


20 October 2023

tarun-khaitan

Professor Tarun Khaitan's monograph A Theory of Discrimination Law (OUP, 2015) has been cited by the Indian Supreme Court in its recent judgment on marriage equality, in the case of Supriyo v Union of India.  The book is cited in para 28 of the dissenting judgment of Justice Sanjay Kishan Kaul, where the judge uses Prof Khaitan's scholarship to suggest the contours of what a comprehensive anti-discrimination law in India should look like.

Professor Khaitan's research has previously been cited by the Indian Supreme Court on several occasions, as well as by the Canadian Supreme Court, the European Court of Human Rights, the Israeli Supreme Court, the Madras High Court, the High Court of Kerala, and the Superior Court of Quebec.