The Quality of Mercy, Strained: Compassion, Empathy and Other Irrelevant Considerations in Koushal v. Naz
Volume 6 Issue 4 (2013)
The Supreme Court of India’s decision in Suresh Kumar Koushal v. Naz Foundation, besides lacking in legal logic, also displayed a marked absence of another essential judicial quality: that of empathy. It is also a virtue that was in abundant display before the Delhi High Court both during the Naz Foundation hearings and then again in the text of the judgment. In tandem with the Supreme Court’s lack of empathy was an attempt to annul a discourse of queer intimacy that the Delhi High Court had brought into the judicial imagination in India. This essay will scrutinize the Supreme Court’s attempt to separate humanity from carnality, acts from identity and sex from love in light of the hearings before the Court.