Insular and inconsistent: India's Naz Foundation judgment in comparative perspective

Abeyratne, Rehan and Sinha, Nilesh (2014) Insular and inconsistent: India's Naz Foundation judgment in comparative perspective. The Yale Journal of International Law Online, 39. pp. 74-86. ISSN 0889-7743

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Abstract

In this short essay, my co-author, Nilesh Sinha, and I analyze the Indian Supreme Court's recent decision in Koushal v. Naz Foundation in comparative perspective. Naz Foundation​ upheld the constitutionality of Section 377 of the Indian Penal Code, which criminalizes "carnal intercourse against the order of nature." The Court arrived at this judgment despite strong evidence suggesting that this law has been misused by police to harass and intimidate members of the Indian LGBT community in violation of their rights to equality and privacy, among others. We aim to make two contributions to the academic literature and to in​crease awareness of this recent development.

Item Type: Article
Keywords: Koushal, Naz Foundation | LGBT Rights | Indian Constitutional Law | Comparative Constitutional Law | Same-Sex Rights
Subjects: Social Sciences and humanities > Social Sciences > Gender Studies
Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Arjun Dinesh
Date Deposited: 18 May 2022 13:36
Last Modified: 19 May 2023 03:45
Official URL: https://dx.doi.org/10.2139/ssrn.2395665
URI: https://pure.jgu.edu.in/id/eprint/3082

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