Homosexuality in the Jurisprudence of the Supreme Court of India PDF Download
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Author: Yeshwant Naik
Publisher: Springer
ISBN: 3319554352
Category : Law
Languages : en
Pages : 234
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Book Description
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.
Author: Yeshwant Naik
Publisher: Springer
ISBN: 3319554352
Category : Law
Languages : en
Pages : 234
Get Book Here
Book Description
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.
Author: Leila Seth
Publisher: Penguin Books India
ISBN: 9780143101390
Category : Biography & Autobiography
Languages : en
Pages : 516
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Book Description
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.
Author: Anand Zachariah
Publisher:
ISBN: 9788125040910
Category : Health facilities
Languages : en
Pages : 373
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Book Description
Contributed articles.
Author: Saurabh Kirpal
Publisher: Hachette UK
ISBN: 9389253012
Category : Law
Languages : en
Pages : 349
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Book Description
'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.
Author: Gautam Bhatia
Publisher: Harper Collins
ISBN: 9353026857
Category : Law
Languages : en
Pages : 409
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Book Description
| Shortlisted for the Tata Literature Live Non-fiction Book of the Year Award and Hindu Prize for Non-fiction | We think of the Indian Constitution as a founding document, embodying a moment of profound transformation from being ruled to becoming a nation of free and equal citizenship. Yet the working of the Constitution over the last seven decades has often failed to fulfil that transformative promise.Not only have successive Parliaments failed to repeal colonial-era laws that are inconsistent with the principles of the Constitution, but constitutional challenges to these laws have also failed before the courts. Indeed, in numerous cases, the Supreme Court has used colonial-era laws to cut down or weaken the fundamental rights. The Transformative Constitution by Gautam Bhatia draws on pre-Independence legal and political history to argue that the Constitution was intended to transform not merely the political status of Indians from subjects to citizens, but also the social relationships on which legal and political structures rested. He advances a novel vision of the Constitution, and of constitutional interpretation, which is faithful to its text, structure and history, and above all to its overarching commitment to political and social transformation.
Author: Holning Lau
Publisher: BRILL
ISBN: 9004345493
Category : Law
Languages : en
Pages : 66
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Book Description
In Sexual Orientation and Gender Identity Discrimination Holning Lau offers an incisive review of the conceptual questions that arise as legal systems around the world grapple with whether and how to protect people against sexual orientation and gender identity discrimination.
Author: W. Friedmann
Publisher: Univ of California Press
ISBN: 0520345355
Category : Social Science
Languages : en
Pages : 546
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Book Description
Author: Alok Gupta
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 78
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Book Description
"More than 80 countries around the world still make consensual homosexual sex between adults a crime. More than half have these laws because they used to be British colonies. This report describes the strange afterlife of a colonial legacy. In 1860, British colonizers introduced a new criminal code to occupied India. Section 377 of the code prohibited 'carnal intercourse against the order of nature.' Versions of this Victorian law spread across the British empire. They were imposed to control the colonies, put in place because imperial masters believed that 'native' morals needed 'reform.' They are still in force from Botswana to Bangladesh, from Nigeria to Papua New Guinea, even though the United Nations and international law condemns them. These laws invade privacy and create inequality. They condemn people to outlaw status because of how they look or whom they love. They are used to discredit enemies and destroy careers. They can incite violence and excuse murder. They hand police and others the power to arrest, blackmail and abuse. Today, as a court case in India tries to elimate the original Section 377's repressive force, this report documents their dangerous effects. These holdouts of the British Empire have outlived their time"--Page 4 of cover.
Author: National Academies of Sciences, Engineering, and Medicine
Publisher: National Academies Press
ISBN: 0309680816
Category : Social Science
Languages : en
Pages : 437
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Book Description
The increase in prevalence and visibility of sexually gender diverse (SGD) populations illuminates the need for greater understanding of the ways in which current laws, systems, and programs affect their well-being. Individuals who identify as lesbian, gay, bisexual, asexual, transgender, non-binary, queer, or intersex, as well as those who express same-sex or -gender attractions or behaviors, will have experiences across their life course that differ from those of cisgender and heterosexual individuals. Characteristics such as age, race and ethnicity, and geographic location intersect to play a distinct role in the challenges and opportunities SGD people face. Understanding the Well-Being of LGBTQI+ Populations reviews the available evidence and identifies future research needs related to the well-being of SDG populations across the life course. This report focuses on eight domains of well-being; the effects of various laws and the legal system on SGD populations; the effects of various public policies and structural stigma; community and civic engagement; families and social relationships; education, including school climate and level of attainment; economic experiences (e.g., employment, compensation, and housing); physical and mental health; and health care access and gender-affirming interventions. The recommendations of Understanding the Well-Being of LGBTQI+ Populations aim to identify opportunities to advance understanding of how individuals experience sexuality and gender and how sexual orientation, gender identity, and intersex status affect SGD people over the life course.
Author: Justin Healey
Publisher:
ISBN: 9781922084019
Category : Civil unions
Languages : en
Pages : 60
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Book Description
Same-sex marriages are currently not permitted under Australian federal law. Although same-sex couples in a de facto relationship have had most of the legal rights of married couples since July 2009, there is however no national registered partnership or civil union scheme.
