Impact of the Naz Foundation judgment on the gay, bisexual and transgender people in Delhi: An empirical investigation

Jain, Dipika, Kommareddy, Kavya, Oza, Esha, Parkkot, Parvati, Choudhary, Esha and Balu, Krithika (2012) Impact of the Naz Foundation judgment on the gay, bisexual and transgender people in Delhi: An empirical investigation. Project Report. Centre for Health Law, Ethics and Technology (CHLET), Jindal Global Law School, O.P. Jindal Global University, 2012, Sonipat.

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This report, prepared by the Centre for Health Law, Ethics and Technology (CHLET) at Jindal Global Law School, aims to determine and analyse the impact of the landmark judgment of July 2, 2009 by the Delhi High Court on the lives of sexual minorities in Delhi. The Court's judgment was in response to a petition challenging the constitutional validity of Section 377 of the Indian Penal Code (IPC), which criminalised consensual sexual activities between homosexual adults conducted in private. In the judgment, the Honourable Chief Justice Ajit Prakash Shah and Justice S. Muralidhar held that Section 377 infringed upon fundamental rights under Articles 14, 15, and 21 of the Constitution of India, and declared the section to be unconstitutional to the extent that it criminalised private consensual sexual activity between adults. The research conducted for this study consists mostly of personal interviews with members of the LGBT community. Researchers interacted with individuals belonging to different sexual minorities who described their lives before and after July 2, 2009. The findings of the interviews have been compiled along with similar studies conducted in other parts of the world: South Africa, the USA, Canada and Australia. These studies have been compiled and correlated in order to paint a global picture, showing that decriminalisation consistently leads to a rise in the level of social acceptance and, more importantly, self-acceptance of sexual minorities. This impact assessment is the first of its kind in India and, apart from providing valuable first-hand accounts of LGBT life pre and post-decriminalisation of homosexuality, it aims to (i) bring attention to other issues (such as strategies for the promotion of familial acceptance of LGBTs) that still need to be addressed; and (ii) emphasize the role of other factors such as movies and the Indian media that, through their activities and support for the LGBT community, have had an important positive impact on societal acceptance.

Item Type: Monograph (Project Report)
Keywords: NAZ FOUNDATION | Impact | Law | 377
Subjects: Social Sciences and humanities > Social Sciences > Human Rights
JGU School/Centre: Jindal Global Law School
Depositing User: Amees Mohammad
Date Deposited: 01 Apr 2022 11:06
Last Modified: 01 Apr 2022 11:22


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