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Homosexuality in the Jurisprudence of the Supreme Court of India

Homosexuality in the Jurisprudence of the Supreme Court of India

Homosexuality in the Jurisprudence of the Supreme Court of India

Author: Yeshwant Naik
Publisher: Springer-Verlag
ISBN: 9783319554341
Published In: April 2017
Format: Hardback
Jurisdiction: Switzerland ? Disclaimer:
Countri(es) stated herein are used as reference only

HKD 1,462.00

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Description
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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.

Introduction

Interpretative methods and judicial power

The jurisprudence of discrimination against LGBTI persons: global issues and concerns

Addressing judicial activism and judicial restraint

Analyzing the Supreme Court's verdict on Section 377 of the Indian Penal Code

Law beyond the law

Global discrimination against gay families

Suggestions and concluding remarks

Summary and main thesis.

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