15 FEBRUARY 2022

LOVING
De Facto Force
Symbiosis Law School, NOIDA
 CONTENTS
• Plot Summary
• Case Summary- Loving v Virginia
• Societal Influence on Discrimination, Interfaith
and Intercaste Marriages with emphasis on
Honour Killings
• Role of Legal Aid Organisations
• Judicial Accessibility and Impact of Federal
Structure
• The Way Forward: Homosexuality and Same
Sex marriages
 RACIAL
DISCRIMINATION IN
THE U.S.A.
• Early laws regarding interracial
marriage in the U.S.
• Anti-Miscegenation Laws
• Racial Integrity Act 1924 of Virginia
• Pace v Alabama (1883)
• Mclaughlin v. Florida (1964)
• Loving v. Virginia (1967)
• The Present Situation
DISCRIMINATION
IN INDIA
• Marriage in India
• Caste system
• Inter-caste marriages
• Relief and law for inter-caste
marriage
• Inter-faith marriages
• Special Marriage Act- applicability
and criticism
SOCIETAL
ACCEPTANCE
• Social norms

• Societal influence in furthering

discrimination

• Societal influence on laws

• Ways to challenge norms

• Societal Influence in India: Honour Killings

 Role of Legal
Aid
Organisations in
battling
Discrimination
and Protecting
Rights
 ACLU
1) Founded in 1920 during the Palmer
Raids.
2) Played a major role in numerous
landmark cases including Loving v. Virginia,
Brown v. Board of Education, Tinker v. Des
Moines and Roe v. Wade, among others.
3) Today, the ACLU constitutes more than
1.7 million members, 500 staff attorneys,
thousands of volunteer attorneys, and
numerous offices throughout the nation.
 PUCL

• Founded in 1986 by Jayaprakash Narayan at the

time of the infamous 'Emergency'
• Primary functions of the People's Union for Civil
Liberties
• Landmark case - PUCL v. Union of India
 NHRC
1) The National Human Rights Commission,

India was set up under the

Protection of Human Rights Act, 1993 for the

protection and promotion of
human rights.

2) Primary Functions of NHRC.

3) Landmark case - NHRC v. State of

Arunachal Pradesh & Anr.
• The NALSA was constituted under the Legal
Services Authorities Act 1987 with the
objective of providing free legal to the
weaker sections of society.
• The CJI is the patron-in-chief and the
seniormost judge of the Supreme Court of
India, is its executive chairman.
• Functions of NALSA
• Landmark Case - NALSA v Union of India
JUDICIAL
SYSTEMS
IN INDIA
AND
AMERICA
This segment focuses on the differences in the American
and Indian legal system with respect to the following:

• Court Structure
• Executive Influence
on the Legal System
• Judicial Access
CONSTITUTIONA
L
DISTINCTION
 INDIAN
COURT
STRUCTUR
E
AMERICAN
COURT
STRUCTUR
E
 FEDERAL
STRUCTURE

The USA is a 'Coming

Together' Federation,
while India is a 'Holding
Together' Federation.
 ACCESS TO JUSTICE

UNITED STATES OF AMERICA INDIA

• Bill of Rights • Article 39A

• 6th Amendment and 14th • Article 32
Amendment of the US • Article 226
Constitution • Public Interest Litigations
• Equal Protection Approach (PILs)
• Due Process Approach
 THE WAY FORWARD

Some Indian cases and

Societal acceptance
LGBTQIA+ legal precedents that deal
of homosexuals in
struggle in India with LGBTQIA+
India
issues
T
H
A
N
K Y
O
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