Constitution Digest

News and announcements from the Comparative Constitutions Project

March 29, 2018

Kenyan court condemns forced bodily examinations. Last Thursday, the Court of Appeal of Kenya in Mombasa ruled that it is unconstitutional to conduct invasive bodily exams to determine whether persons have engaged in “homosexual conduct.” Activists are hopeful that the ruling will help pave the way for the legalization of consensual same-sex relations, which are currently punishable by up to 14 years in prison.
Malaysia on track to criminalize “fake news.” The Malaysian parliament is currently debating — and is expected to pass — a bill which would criminalize the malicious spreading of fake news, both inside and outside of Malaysia. The bill originally criminalized all “knowingly” fake news, but intense protests led parliament to soften the language.
Indian Supreme Court to review Islamic marriage practices. The Supreme Court of India has granted review to the constitutionality of Islamic polygamy and nikah halala, which requires that Muslim women have an intermediate, consummated marriage before they can remarry a previous spouse. The laws are being challenged as sex discrimination because they exclusively restrict women’s freedoms.
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