Engaging with the Law: Decriminalisation of Homosexuality and the Johar Judgement, 2018

Space and Culture, India

卷:6

Poonam Kakoti Borah¹ 

[1] Assistant Professor, Department of Women's Studies, Gauhati University, Guwahati, 781014;

关键词: Homosexuality, LGBTQ, Litigation, Morality, Privacy, and Sodomy;   

DOI  :  10.20896/saci.v6i3.400

来源: DOAJ

【 摘 要 】

On September 6, 2018, the Supreme Court of India passed a historic judgment that decriminalised consensual same-sex acts among adults. The judgment which ‘read down’ S377 IPC was the culmination of demands that started from organisations that worked around HIV/AIDS prevention and eventually encouraged individual LGBTQ persons to challenge the law. Engagement with the law, therefore, this paper argues has been central to the emergence of the LGBTQ movement in India. Without undermining the significance of the grass root activism against S377, the paper also places stress on international human rights instruments and LGBTQ struggles against decriminalisation from different countries as factors that enabled the Johar Judgment. Finally, the paper raises the question on larger ramifications that the judgment can have and the necessity tolook beyond decriminalisation.

【 授权许可】

Unknown