Navtej Singh Johar v Union of India
Decriminalising India’s sodomy law
Bibliographic Data
| ID | 12593764 |
|---|---|
| Authors | Pratik Dixit (0000-0002-9165-168X, National Law School of India University, corresponding author) |
| Year | 2019 |
| Volume | 24 |
| Issue | 8 |
| Pages | 1011-1030 |
| Publication date | 2019-11-15 |
| Open Access | No |
| Type | ARTICLE |
| Venue | The International Journal of Human Rights (JOURNAL) |
| Journal identifiers | ISSN: 1364-2987 • E-ISSN: 1744-053X |
| Publisher | Routledge (PUBLISHER • GB) |
| DOI | 10.1080/13642987.2019.1690465 |
| OpenAlex | W2983389789 |
| Language | EN |
| Citations received | 4 |
This article gives the readers a brief description of the strides the Supreme Court of India has taken in terms of gender justice, and particularly queer justice. It provides an account of the recent decision of the Court in Navtej Singh Johar v. Union of India (‘Navtej’). In Navtej, the Court read down section 377 of the Indian Penal Code, 1860 which criminalised ‘carnal intercourse against the order of nature’. This article will shed light on how the Court is now keen to analyse the substantive effects a law has on the people affected rather than merely following a formalistic approach. Furthermore, it argues that in Navtej, the Court has recognised the right to sexual orientation in dignity rather privacy. By doing so, the Court has completely side-stepped the criticism that the Supreme Court of the United States had to face in the aftermath of Lawrence v. Texas. This article further examines the nature of decriminalisation of section 377 undertaken in Navtej. It argues that in the absence of a gender-neutral rape legislation in India, the Navtej court deemed it fit to let section 377 govern non-consensual sexual acts of carnal intercourse
Homosexuality · Human rights · Political science · Sodomy · Human Rights and Development · International Law and Human Rights · Law
A scoping review of lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) people’s health in India
PrEP eligibility, HIV risk perception, and willingness to use PrEP among high-risk men who have sex with men in India
Associations between sexual stigma, enacted HIV stigma, internalized HIV stigma and homonegativity, and depression
From colonial violence to decriminalisation and recognition
| Citations per year | 1 |
|---|---|
| Citation span | 2022 - 2023 (2) |
| Highly cited | No |