J. Sai Deepak

J. Sai Deepak is an Indian lawyer and author of the much accalimed India / Bharat tetralogy. As a counsel, he practices before the Supreme Court of India and the High Court of Delhi.[1][2]

J. Sai Deepak
Born
J. Sai Deepak

Hyderabad, India
NationalityIndian
Alma materAnna University & IIT Kharagpur

Education and career

Deepak attended St. Anthony's High School, Hyderabad. He then completed his graduation in Mechanical Engineering from Anna University. He is a law graduate from IIT Kharagpur's Rajiv Gandhi School of Intellectual Property Law.[3]

Deepak has been a litigator in several notable cases in India. He is most famous for his representations in the case on the entry of women to Sabarimala Temple, where he argued, against it, that the Hindu deity Ayyappan follows naishtika brahmacharya ("lifelong celibacy").[4] He further argued that the deity is a living being and thus can avail the constitutional rights of religious liberty and freedom of religion enshrined in Articles 21 and 25 of the Constitution of India.[5]

Deepak represented the Travancore royal family for their right to manage the estate of Padmanabhaswamy Temple in Thiruvanathpuram.[6] The Supreme Court of India ruled in favour of the family.[7] He also was involved in the Basmati Geographical Indication dispute where he represented the Government of Madhya Pradesh.[8] Some sub judice cases Deepak is involved in are the public interest litigation (PIL) against the marital rape exception in the Indian Penal Code,[9] and the PIL seeking legal recognition for same-sex marriage.[10]

Deepak is the counsel for Anand Ranganathan in the contempt of court case pending against the former for criticizing Justice S. Muralidhar when the latter cancelled the arrest of Gautam Navlakha, who allegedly played a role in the 2018 Bhima Koregaon violence.[11] He is also the counsel for the royal family of Kashi in the case demanding a constitutional review of the Places of Worship Act, 1991.[12]

Deepak is a Hindu nationalist and decolonialist,[13][14][15] and a regular columnist in The Indian Express[16] and Firstpost.[17] He also writes two blogs, one named Yukti on constitutional theory and legal philosophy;[18] and one named The Demanding Mistress on civil, commercial and intellectual property law. An article in the latter blog was cited by the Madras High Court in its decision on the TVS Motor Company vs. Bajaj Auto Limited intellectual property dispute.[19]

Criticism

J. Sai Deepak has been criticized for "cherry picking theories that suit his narrative" and "has failed to provide information with alternative theories already in existence".[20][21] He is considered to be a English-speaking Right Wing hindutva ideologue, believing the knowledge system of ancient Hindu civilization can be a template for modern India.[22][23]

He was criticized for his article in which he discusses limitations on Hindu majoritarian expression within the Indian Constitution. He emphasizes that Hindu majority authority is subject to judicial review and may be nullified if it conflicts with constitutional morality.[24]

Works

  • India That Is Bharat: Coloniality, Civilisation, Constitution. New Delhi: Bloomsbury. 2021. ISBN 9789354352492.[25]
  • India, Bharat and Pakistan: The Constitutional Journey of a Sandwiched Civilisation. New Delhi: Bloomsbury. 2022. ISBN 9789354353017.[26][27][28]

References

  1. "Lord Ayyappa at Sabarimala too has rights under Article 21, SC told". Indo-Asian News Service. 26 July 2018. ProQuest 2076261680.
  2. "Sabarimala case: Deity living person, has right to privacy, women devotees to SC". Indian Express. Mumbai. 27 July 2018. ProQuest 2076507987.
  3. Iyer, Lakshmi (6 August 2018). "Small talk: The Deity's Advocate". Mumbai Mirror. ProQuest 2083283397.
  4. "Written Submissions to the Supreme Court of India in the Sabarimala Temple Entry Case" (PDF). February 2019.
  5. "Sabarimala #5: Respondents Argue Every Instance of Exclusion Not Akin to Discrimination". Supreme Court Observer. 26 July 2018. Retrieved 2023-08-17.
  6. "Explained: Padmanabhaswamy temple case, and what verdict means for Travancore royal family". The Indian Express. 2020-07-13. Retrieved 2023-10-04.
  7. "Written Submissions to the Supreme Court of India in the Padmanabhaswamy Temple Administration Case" (PDF). April 2019.
  8. Delhi High Court (2019-04-25). "Judgement for the State of Madhya Pradesh vs Union of India case" (PDF). LiveLaw. Retrieved 2023-08-17.
  9. "Challenge to the Marital Rape Exception". Supreme Court Observer. Retrieved 2023-08-17.
  10. B, Kanchan (2023-05-10). "Petitioners Have A Cause, But No Case: Read Advocate Sai Deepak's Arguments In Same Sex Marriage Case". www.verdictum.in. Retrieved 2023-08-18.
  11. "'Am a free speech absolutist': Author Anand Ranganathan in contempt case". Indo-Asian News Service. 24 May 2023. ProQuest 2817965951.
  12. "Supreme Court to hear pleas challenging constitutional validity of Places of Worship Act on October 11". Financial Express. New Delhi. 9 September 2022. ProQuest 2711835121.
  13. "Hindus a global minority facing existential crisis". The Times of India. New Delhi. 12 February 2023. ProQuest 2791986602.
  14. Sen, Anandaroop (4 May 2023). "J Sai Deepak's India that is Bharat: Coloniality, Civilisation, Constitution . Bloomsbury 2021". Social Dynamics. 49 (2): 376–385. doi:10.1080/02533952.2023.2236899.
  15. "Decolonising India: Is Bharat trying to reinvent itself?". India Today. Retrieved 2023-06-12.
  16. "Articles by J. Sai Deepak in The Indian Express". Retrieved 2023-07-12.
  17. "J Sai Deepak - Latest Articles, Top Headlines, News Stories Updates". Firstpost. Retrieved 2023-07-12.
  18. "Yukti". Yukti. 2023-06-22. Retrieved 2023-08-17.
  19. Madras High Court's Judgement (18 May 2009). "M/S TVS Motor Company Limited vs M/S Bajaj Auto Limited on 18 May, 2009". Indian Kanoon.
  20. Murthi, S.K. Arun (12 November 2022). "The Illogic and Inanity of the Religious Right in India". The Wire.
  21. Kumar, Abhishek (9 August 2023). "'BeerBiceps' Interview of J. Sai Deepak Violates Community Standards, But YouTube Won't Take It Down". The Wire.
  22. Sijoria, Siddharth (28 June 2023). "J Sai Deepak is wrong: Indian democracy is not Hindu will". The Indian Express.
  23. Sen, Raj Shekhar (24 July 2023). "Isolation, conservatism and buzzwords: What drives the lucrative market for right-wing influencers". newslaundry.
  24. "J Sai Deepak is wrong: Indian democracy is not Hindu will". The Indian Express. 2023-06-28. Retrieved 2023-10-25.
  25. Basu, Prasenjit K. (2021-10-16). "Book transforms the discourse about 'coloniality' in Bharat". The Sunday Guardian Live. Retrieved 2023-06-12.
  26. "How India, a victim of conflicting colonialities, is coming out of slumber to reboot its tampered mind". Firstpost. 2022-09-06. Retrieved 2023-06-12.
  27. Yadav, Yogendra (2022-05-06). "India needs to challenge colonialism in its own language. But solution isn't Hindu worldview". ThePrint. Retrieved 2023-06-12.
  28. "Re-Discovering Bharat". Star of Mysore. 16 December 2022. ProQuest 2754825320.
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