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'History owes an apology to the members of this community and their families'. At 12.12 p.m. on 6 September 2018, the Supreme Court of India created history by striking down Article 377, reversing an archaic law laid down by the British in 1861 and decriminalizing homosexuality. For the first time in India, consensual adult homosexual sex got legal sanction, changing the lives of millions of gay people, allowing them to love without the fear of committing a 'crime'. Yet, this is not the only judgement that the Supreme Court has made in recent times championing the rights of an individual to her or his identity and dignity. From judgements that have empowered the transgender community and lent teeth to the prevention of sexual harassment of women at the workplace to those that protect the privacy rights and dignity of women and minorities, be it on interfaith marriages, entering the Sabarimala temple, the issue of Triple Talaq or the striking down of the adultery law, the highest court of the land has firmly placed the individual at the centre of the constitutional firmament and set a course for progressive societal reform unlike few other institutions in the past. This remarkable collection of writings by legal luminaries who were responsible for bringing about these path-breaking judgements is the only book to offer clarity and insight on each of these crucial rulings. Justices Madan Lokur, A.K. Sikri and B.D. Ahmad elucidate the laws that they have written, while some of the most well-known names in Indian law - Mukul Rohatgi, Madhavi Divan, Menaka Guruswamy, Arundhati Katju and Saurabh Kirpal - offer legal analyses of the judgements. Petitioners like Ritu Dalmia, Keshav Suri and Zainab Patel share personal LGBTQ narratives, while journalist Namita Bhandare provides a powerful account of the MeToo movement. An invaluable guide to the rulings that have set a precedent for the rights and liberties of sexual minorities and women in particular, and dramatically changed the lives of millions of Indians, this book is just as much a record for posterity - of the potential of the country's courts to uphold the privacy, dignity and safety of its citizens in most troubled times.

9789389253009
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Sex and the Supreme Court

ISBN: 9789389253009
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Book Description

'History owes an apology to the members of this community and their families'. At 12.12 p.m. on 6 September 2018, the Supreme Court of India created history by striking down Article 377, reversing an archaic law laid down by the British in 1861 and decriminalizing homosexuality. For the first time in India, consensual adult homosexual sex got legal sanction, changing the lives of millions of gay people, allowing them to love without the fear of committing a 'crime'. Yet, this is not the only judgement that the Supreme Court has made in recent times championing the rights of an individual to her or his identity and dignity. From judgements that have empowered the transgender community and lent teeth to the prevention of sexual harassment of women at the workplace to those that protect the privacy rights and dignity of women and minorities, be it on interfaith marriages, entering the Sabarimala temple, the issue of Triple Talaq or the striking down of the adultery law, the highest court of the land has firmly placed the individual at the centre of the constitutional firmament and set a course for progressive societal reform unlike few other institutions in the past. This remarkable collection of writings by legal luminaries who were responsible for bringing about these path-breaking judgements is the only book to offer clarity and insight on each of these crucial rulings. Justices Madan Lokur, A.K. Sikri and B.D. Ahmad elucidate the laws that they have written, while some of the most well-known names in Indian law - Mukul Rohatgi, Madhavi Divan, Menaka Guruswamy, Arundhati Katju and Saurabh Kirpal - offer legal analyses of the judgements. Petitioners like Ritu Dalmia, Keshav Suri and Zainab Patel share personal LGBTQ narratives, while journalist Namita Bhandare provides a powerful account of the MeToo movement. An invaluable guide to the rulings that have set a precedent for the rights and liberties of sexual minorities and women in particular, and dramatically changed the lives of millions of Indians, this book is just as much a record for posterity - of the potential of the country's courts to uphold the privacy, dignity and safety of its citizens in most troubled times.

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