Precarious desires and ungrievable lives: Human rights and postcolonial critiques of legal justice

Kapur, Ratna (2015) Precarious desires and ungrievable lives: Human rights and postcolonial critiques of legal justice. London Review of International Law, 3 (2). pp. 267-294. ISSN 20506325

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Abstract

In December 2013 the Indian Supreme Court reversed a 2009 decision of the High Court of Delhi that decriminalised gay sex.1 In reversing the decision, the Indian Supreme Court withdrew the legal potential for gays to become fully legible subjects, entitled to the same rights as everybody else. The recriminalisation
of sexual conduct under the penal code after a gap of nearly four years brought to a halt the efforts by Lesbian, Gay, Bisexual, Transgender (LGBT) and human rights groups to consolidate the triumph of the 2009 decision, which included developing advocacy strategies in favour of same-sex marriage. The 2013 decision reflects the precariousness of subaltern desires and the malleability of justice.

Item Type: Article
Keywords: Human rights | Legal justice | Lesbian | LGBT
Subjects: Physical, Life and Health Sciences > Environmental Science, Policy and Law
Social Sciences and humanities > Social Sciences > Social Sciences (General)
JGU School/Centre: Jindal Global Law School
Depositing User: Mr Sombir Dahiya
Date Deposited: 11 Feb 2022 06:04
Last Modified: 11 Feb 2022 06:04
Official URL: https://doi.org/10.1093/lril/lrv006
URI: https://pure.jgu.edu.in/id/eprint/1191

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