Homosexuality In The Jurisprudence Of The Supreme Court Of India

The book analyses the Indian Supreme Court’s jurisprudence on homosexuality, its current approach and how its position has evolved in the past ten years. It critically analyses the Court’s landmark judgments and its perception of equality, family, marriage and human rights from an international perspective. With the help of European Court of Human Rights’ judgments and international conventions, it compares the legal and social discrimination meted out to the Indian LGBTI community with that in the international arena. From a social anthropological perspective, it demonstrates how gay masculinity, although marginalized, serves as a challenge to patriarchy and hegemonic masculinity. This unique book addresses the lack of in-depth literature on gay masculinity, elaborately narrating and analysing contemporary gay masculinity and emerging gay lifestyles in India and highlighting the latest research on the subject of homosexuality in general and in particular with respect to India. It also discusses several new issues concerning the gay men in India supported by the living law approach put forth by Eugen Ehrlich.

'The Constitution [of India] has within it the ability to produce social catharsis...' At 12.12 p.m. on 6 September 2018, the Supreme Court of India created history by reading down Section 377 - reversing an archaic law laid down by the British in 1860 and decriminalizing homosexuality for the first time in modern India. Yet, this is not the only ruling that the Supreme Court has made in recent times championing the rights of an individual to her or his identity and dignity. From empowering the transgender community and lending teeth to the prevention of sexual harassment of women at the workplace, to protecting the privacy, rights and dignity of women and minorities on issues such as interfaith marriages, entering the Sabarimala temple, the controversial triple talaq and the striking down of the adultery law - the highest court of the land has firmly placed the individual at the centre of the constitutional firmament, and set a course for progressive societal reform. This remarkable collection of writings by legal luminaries is the only book to offer sharp insights into each of these crucial rulings. Justice M.B. Lokur writes on the issues that affect the transgender community; Justice B.D. Ahmed elucidates on Muslim law in the modern context; and Justice A.K. Sikri addresses the fundamental concept of dignity, which binds together all the essays in this book. Some of the best-known names in Indian law - Mukul Rohatgi, Madhavi Divan, Menaka Guruswamy, Arundhati Katju and Saurabh Kirpal - offer legal perspectives of judgements on sex, sexuality and gender. From petitioners like Ritu Dalmia, Keshav Suri and Zainab Patel, we hear personal narratives of being a part of the LGBTQ community in India, while journalist Namita Bhandare provides a powerful account of the struggle against sexual harassment. An unprecedented documentation of the rulings that have set a standard for the rights and liberties of sexual minorities and women in India, Sex and the Supreme Court is also an invaluable record for posterity - for it reveals the power of the country's courts to uphold the privacy, dignity and safety of its citizens.

A fascinating exploration of how the law--as viewed and decided by the courts--often embodies fear and prejudice against homosexuality, and thereby, becomes the instrument for discrimination. This valuable book covers a wide range of subjects, illustrating the extent to which the lives of gay persons are touched by these laws and providing a highly critical examination of the response by the American judicial system to our claims for equal protection under the law. Leading law professors and practicing lawyers address the important legal issues and court decisions relevant to male and female homosexuality--criminal punishment for gay sex acts, employment discrimination, child custody, gay organizational rights, and more.

A Delightful Read The Hindu The First Woman Chief Justice Of A High Court In India, The First Woman Judge Of The Delhi High Court, The First Woman To Top The Bar Examinations In London: Leila Seth Has Led A Full Life. In This Autobiography, Leila Talks About Its Joyous As Well As Its Difficult Moments. Figuring Prominently Are Her Early Years Of Homelessness And Struggle, Her Straying Into Law While In England With Her Husband Premo, And Later Practising In Patna, Calcutta And Delhi; And Her Happy Marriage Of Over Fifty Years, Including The Experience Of Bringing Up Three Remarkable Children: Writer Vikram, Zen Buddhist Dharmacharya Shantum And Film-Maker Aradhana. Intertwining Family Life With Professional, Leila Movingly Describes The Years After Her Father S Premature Death When As Children They Were Obliged To Live With Friends. There Are Also Delightful Vignettes: Premo And Her Turning An Old Mansion Into A Splendid Home In Patna, Vikram S Writing Of The Novel A Suitable Boy, Shantum S Ordination As A Buddhist Teacher By Thich Nhat Hanh And Aradhana S Marriage To Peter, An Austrian Diplomat, And Work As Art Director On Films Like Earth And Water. Intimate, Intricate, Charming And Often Amusing, On Balance Presents A Rich And Heart-Warming Portrait Of An Exceptional Woman, Her Family And Her Times.

In Sexual States Jyoti Puri tracks the efforts to decriminalize homosexuality in India to show how the regulation of sexuality is fundamentally tied to the creation and enduring existence of the state. Since 2001 activists have attempted to rewrite Section 377 of the Indian Penal Code, which in addition to outlawing homosexual behavior is often used to prosecute a range of activities and groups that are considered perverse. Having interviewed activists and NGO workers throughout five metropolitan centers, investigated crime statistics and case law, visited various state institutions, and met with the police, Puri found that Section 377 is but one element of how homosexuality is regulated in India. This statute works alongside the large and complex system of laws, practices, policies, and discourses intended to mitigate sexuality's threat to the social order while upholding the state as inevitable, legitimate, and indispensable. By highlighting the various means through which the regulation of sexuality constitutes India's heterogeneous and fragmented "sexual state," Puri provides a conceptual framework to understand the links between sexuality and the state more broadly.

This book gives an overview of how the laws of the time affect lesbians and gay men in how they go about their lives.

Does the Constitution protect the right to same-sex marriage? Much of the writing on this subject has been highly one-sided. This book takes a careful second look at the issue. Not only does it carefully look at the legal debate, but it also asks whether, in a democratic society, the courts should settle this question rather that the voters and it takes on the issue of whether such a court-created law could be effective in the face of public opposition. The book argues that this issue is one of the most significant constitutional issues facing society because it challenges society's commitment to the promise of true legal equality.

This text provides a comprehensive analysis of the legal issues concerning gender and sexual nonconformity in the United States. The text is split into three parts covering the post-Civil war period to the 1980s, contemporary issues and legal arguments.