Sarthak Gupta
About/Bio
Sarthak Gupta serves as a Judicial Law Clerk-cum-Research Associate at the Supreme Court of India. He holds a B.A.L.L.B. (Hons.) degree from the Institute of Law, Nirma University, India. Additionally, he contributes as an editor and researcher to Columbia University's Global Freedom of Expression project and Cambridge Journal of Law, Art and Politics. His research interests span Comparative Constitutional Law and Public International Law, with a particular focus on Anti-Discrimination Law, Digital Constitutionalism, Freedom of Expression, Feminist and Queer Legal Theories, and Reproductive Justice.
Recently Published
Judicial Restraint and Jurisdictional Clarity: Decoding the ICJ’s Decision in Sudan v. United Arab Emirates
May 8, 2025
Sarthak Gupta
On 5th May, 2025, the International Court of Justice [‘ICJ’] delivered its Order in Sudan v. United Arab Emirates, in the application filed on March 5, 2025 instituting proceedings against the UAE concerning alleged violations of the Genocide Convention [Convention], concerning the Masalit…
Context, Content, and the ‘Threshold of Severity’: ECtHR’s Jurisprudence on Satire vs Hate
March 27, 2025
Sarthak Gupta
On 3rd December 2024, the European Court of Human Rights (ECtHR/Court) delivered its decision in the case of Yevstifeyev and Others v. Russia [App. No. 226 of 2018]. In Yevstifeyev, the ECtHR addressed two distinct applications, wherein the first application involved homophobic verbal assaults and threats against LGBTI activists, which the Court deemed a violation of Article…
Lithuania’s Constitutional Court Rules Seeing Same-Sex Relationships Won’t Turn Kids Gay
January 8, 2025
Sarthak Gupta
On 18 December 2024, the Lithuanian Constitutional Court held that the law, prohibiting the dissemination of public information depicting same-sex relationships is unconstitutional as it violates the freedom of thought of children and the right to found a family under the Constitution of Lithuania. The decision follows the rationale of the European Court of Human…
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Popular articles by Sarthak Gupta
Lithuania’s Constitutional Court Rules Seeing Same-Sex Relationships Won’t Turn Kids Gay
January 8, 2025
Sarthak Gupta
On 18 December 2024, the Lithuanian Constitutional Court held that the law, prohibiting the dissemination of public information depicting same-sex relationships is unconstitutional as it violates the freedom of thought of children and the right to found a family under the Constitution of Lithuania. The decision follows the rationale of the European Court of Human…
ECtHR’s Veil of Ignorance: Intersectionality and Indirect Discrimination in the Belgian Headscarf Ban in School
September 13, 2024
Sarthak Gupta
On April 9th, 2024, the European Court of Human Rights (ECtHR) delivered its judgment concerning Belgium’s Hijab (Headscarf) ban on wearing visible religious symbols in Schools. The Court, following its previous notorious trial of SAS v. France, continued to allow the creeping erosion of the right to manifest religion under Article 9 of the European…
Beyond Individual Persecution: European Court’s Constitutionalism in Afghan Women’s Asylum Case
October 15, 2024
Sarthak Gupta
On 4th October, the Third Chamber of the European Court of Justice in AH & FN v. Federal Office for Immigration and Asylum held that ‘gender’ and ‘nationality’ alone are sufficient grounds for a country to grant asylum to Afghan women. The ECJ also classified the discriminatory policies imposed by the Taliban regime against Afghan women as…