Professional Documents
Culture Documents
concludes that
the
decriminalisatio
n of
homosexuality
will ensure that
sexual minorities
in India are one
step closer to
living with the
same dignity. It
will ensure
greater self-
confidence
among the LGBT
community
leading to a
gradual but
steady
acceptance of
sexual minorities
by their families
and society as a
whole.
This study
Conclusion
32
8
This study concludes that the decriminalisation of homosexuality will ensure that
sexual minorities in India are one step closer to living with dignity. It will ensure
greater self-confidence among the LGBT community leading to a gradual but steady
acceptance of sexual minorities by their families and society as a whole.
The findings of this study are in line with the results of Professor Goodman in his
study of the impact of sodomy laws in South Africa. He stated that even if sodomy
laws in a particular jurisdiction only reflected the moral beliefs and sentiments of a
small minority of the population, their presence in the law books would give the
impression that criminalisation of homosexuality represented the sentiments of
society as a whole. This representation results in the laws having a 'far-reaching' and
1
'self-reinforcing' effect.
According to Professor Goodman, sodomy laws have a variety of impacts. First,
sodomy laws influence the attitudes of society towards the state with members of the
LGBT community fearing state authorities. Second, sodomy laws change peoples'
relationships with public spaces; since these individuals are not awarded an equal
2
level of protection by the law, they acquire a more vulnerable status and have a less
active relationship with public space in the society. Third, sodomy laws impact the
3
boundaries of what constitutes a civic community. Laws that criminalise specific
communities lead to exclusion, marginalisation and victimisation. Since sodomy laws
4
have such a strong influence on social norms and can successfully transform them,
the justice they bring must be analysed in this social context.
One important conclusion of this study is that there has been a definite increase in
confidence and self-acceptance among LGBT community members. All the
respondents interviewed unanimously agreed that even if decriminalisation did not
change attitudes of the police and people in general, it did result in an improvement in
their own self-confidence. This is in keeping with the results of prior studies, which
have found that jurisdictions criminalising homosexuality have been home to
individuals from sexual minorities with low levels of self-esteem and self-worth. But
jurisdictions that decriminalised homosexuality have been associated with gay
citizens who demonstrate greater levels of self-acceptance.
Police harassment has definitely reduced after the judgment, though it seems to be
more prevalent in some areas of Delhi than others. Acceptance by society as well as by
families has increased slowly, but there is still much work to be done. Apart from the
law, the media and movies have also played their part in effecting a change in societal
perception of the LGBT community.
Decriminalisation can remove much of the stigma associated with homosexuality, and
can help homosexuals feel more accepted in society as well as within their own
families. Decriminalisation has also been seen to be associated with more self-
concludes that
the
decriminalisatio
n of
homosexuality
will ensure that
sexual minorities
in India are one
step closer to
living with the
same dignity. It
will ensure
greater self-
confidence
among the LGBT
community
leading to a
gradual but
steady
acceptance of
sexual minorities
by their families
and society as a
whole.
This study
acceptance as well as psychological and emotional security among homosexuals and
other sexual minority groups. Such qualities help homosexuals form healthy
relationships and build and strengthen familial ties. In fact, it is encouraging to note
that parents of several homosexual children have filed interventions in the Supreme
Court praying for decriminalisation of homosexuality. Even though family
acceptance of LGBT people still seems to be bleak, this situation will improve if the
Supreme Court upholds the High Court judgment on Section 377.
33 34
Notes
Glossary
Acknowledgments
1. Introduction
1.
1.
Glossary taken from the compliation of Aniruddhan Vasudevan and Adele Tulli from Venkatesan
Chakrapani, Ashok Row Kavi, L Ramakrishnan, Rajan Gupta, Claire Rappoport, Sai Subhasree
Raghavan, HIV Prevention among Men who have Sex with Men (MSM) in India: Review of
Current Scenario and Recommendations (2002), http://www.indianglbthealth.info/
Authors/Downloads/MSM_HIV_IndiaFin.pdf (5th March 2012) and TARSHI, Basics and Beyond
- A Manual for Trainers, Integrating Sexuality, Sexual and Reproductive Health and Rights (2006),
LGBT Resource Center, Bowling Green State University and Trans/Gender Alliance at McGill
University (2006).
2. Keith Dorwick, Robert Siliciano, M.D., Kara Rogers, AIDS from Encyclopdia Britannica,
http://www.britannica.com/EBchecked/topic/10414/AIDS (23rd Feb, 2012).
Aide et Action India is an organization that supports and works with people belonging to the LGBT
community. It have branches all over India, its South Asia Headquarters is located in Chennai, Tamil
Nadu. The organization also works on various other social issues relating to health awareness, HIV
and AIDS awareness, education and empowerment of women, etc.
2. Love Life Society is an organization in Delhi working with and providing support to people
belonging to the LGBT community. It works to spread awareness about various issues relating to the
LGBT community and is also actively involved in HIV/AIDS awareness.
1. The Naz Foundation (India) Trust (NI) is a New Delhi based NGO that has been working on
HIV/AIDS and sexual health from 1994 onwards. Through the years, Naz India has evolved and
implemented a holistic approach to combat HIV, focusing on prevention as well as treatment. It
focuses on reaching out to marginalised populations infected and affected by HIV. It also aims to
sensitise the community about the prevalence of HIV, as well as highlight issues related to sexuality
and sexual health.
2. Constitution of India, Article 14, is as follows: Equality before law- The State shall not deny to any
person equality before the law or the equal protection of the laws within the territory of India.
3. Constitution of India, Article 15 is as follows: Prohibition of discrimination on grounds of religion,
race, caste, sex or place of birth (1) The State shall not discriminate against any citizen on grounds
only of religion, race, caste, sex, place of birth or any of them (2) No citizen shall, on grounds only of
religion, race, caste, sex, place of birth or any of them, be subject to any disability, liability,
restriction or condition with regard to (a) access to shops, public restaurants, hotels and palaces of
public entertainment; or (b) the use of wells, tanks, bathing ghats, roads and places of public resort
maintained wholly or partly out of State funds or dedicated to the use of the general public (3)
Nothing in this article shall prevent the State from making any special provision for women and
children (4) Nothing in this article or in clause ( 2 ) of Article 29 shall prevent the State from making
any special provision for the advancement of any socially and educationally backward classes of
citizens or for the Scheduled Castes and the Scheduled Tribes.
4. Constitution of India, Article 19, is as follows: Protection of certain rights regarding freedom of
speech etc. (1) All citizens shall have the right (a) to freedom of speech and expression; (b) to
assemble peaceably and without arms; (c) to form associations or unions; (d) to move freely
throughout the territory of India;(e) to reside and settle in any part of the territory of India; and (f)
omitted (g) to practice any profession, or to carry on any occupation, trade or business (2) Nothing in
sub clause (a) of clause ( 1 ) shall affect the operation of any existing law, or prevent the State from
making any law, in so far as such law imposes reasonable restrictions on the exercise of the right
conferred by the said sub clause in the interests of the sovereignty and integrity of India, the security
acceptance as well as psychological and emotional security among homosexuals and
other sexual minority groups. Such qualities help homosexuals form healthy
relationships and build and strengthen familial ties. In fact, it is encouraging to note
that parents of several homosexual children have filed interventions in the Supreme
Court praying for decriminalisation of homosexuality. Even though family
acceptance of LGBT people still seems to be bleak, this situation will improve if the
Supreme Court upholds the High Court judgment on Section 377.
33 34
Notes
Glossary
Acknowledgments
1. Introduction
1.
1.
Glossary taken from the compliation of Aniruddhan Vasudevan and Adele Tulli from Venkatesan
Chakrapani, Ashok Row Kavi, L Ramakrishnan, Rajan Gupta, Claire Rappoport, Sai Subhasree
Raghavan, HIV Prevention among Men who have Sex with Men (MSM) in India: Review of
Current Scenario and Recommendations (2002), http://www.indianglbthealth.info/
Authors/Downloads/MSM_HIV_IndiaFin.pdf (5th March 2012) and TARSHI, Basics and Beyond
- A Manual for Trainers, Integrating Sexuality, Sexual and Reproductive Health and Rights (2006),
LGBT Resource Center, Bowling Green State University and Trans/Gender Alliance at McGill
University (2006).
2. Keith Dorwick, Robert Siliciano, M.D., Kara Rogers, AIDS from Encyclopdia Britannica,
http://www.britannica.com/EBchecked/topic/10414/AIDS (23rd Feb, 2012).
Aide et Action India is an organization that supports and works with people belonging to the LGBT
community. It have branches all over India, its South Asia Headquarters is located in Chennai, Tamil
Nadu. The organization also works on various other social issues relating to health awareness, HIV
and AIDS awareness, education and empowerment of women, etc.
2. Love Life Society is an organization in Delhi working with and providing support to people
belonging to the LGBT community. It works to spread awareness about various issues relating to the
LGBT community and is also actively involved in HIV/AIDS awareness.
1. The Naz Foundation (India) Trust (NI) is a New Delhi based NGO that has been working on
HIV/AIDS and sexual health from 1994 onwards. Through the years, Naz India has evolved and
implemented a holistic approach to combat HIV, focusing on prevention as well as treatment. It
focuses on reaching out to marginalised populations infected and affected by HIV. It also aims to
sensitise the community about the prevalence of HIV, as well as highlight issues related to sexuality
and sexual health.
2. Constitution of India, Article 14, is as follows: Equality before law- The State shall not deny to any
person equality before the law or the equal protection of the laws within the territory of India.
3. Constitution of India, Article 15 is as follows: Prohibition of discrimination on grounds of religion,
race, caste, sex or place of birth (1) The State shall not discriminate against any citizen on grounds
only of religion, race, caste, sex, place of birth or any of them (2) No citizen shall, on grounds only of
religion, race, caste, sex, place of birth or any of them, be subject to any disability, liability,
restriction or condition with regard to (a) access to shops, public restaurants, hotels and palaces of
public entertainment; or (b) the use of wells, tanks, bathing ghats, roads and places of public resort
maintained wholly or partly out of State funds or dedicated to the use of the general public (3)
Nothing in this article shall prevent the State from making any special provision for women and
children (4) Nothing in this article or in clause ( 2 ) of Article 29 shall prevent the State from making
any special provision for the advancement of any socially and educationally backward classes of
citizens or for the Scheduled Castes and the Scheduled Tribes.
4. Constitution of India, Article 19, is as follows: Protection of certain rights regarding freedom of
speech etc. (1) All citizens shall have the right (a) to freedom of speech and expression; (b) to
assemble peaceably and without arms; (c) to form associations or unions; (d) to move freely
throughout the territory of India;(e) to reside and settle in any part of the territory of India; and (f)
omitted (g) to practice any profession, or to carry on any occupation, trade or business (2) Nothing in
sub clause (a) of clause ( 1 ) shall affect the operation of any existing law, or prevent the State from
making any law, in so far as such law imposes reasonable restrictions on the exercise of the right
conferred by the said sub clause in the interests of the sovereignty and integrity of India, the security
35
of the State, friendly relations with foreign States, public order, decency or morality or in relation to
contempt of court, defamation or incitement to an offence (3) Nothing in sub clause (b) of the said
clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from
making any law imposing, in the interests of the sovereignty and integrity of India or public order,
reasonable restrictions on the exercise of the right conferred by the said sub clause (4) Nothing in
sub clause (c) of the said clause shall affect the operation of any existing law in so far as it imposes,
or prevent the State from making any law imposing, in the interests of the sovereignty and integrity
of India or public order or morality, reasonable restrictions on the exercise of the right conferred by
the said sub clause (5) Nothing in sub clauses (d) and (e) of the said clause shall affect the operation
of any existing law in so far as it imposes, or prevent the State from making any law imposing,
reasonable restrictions on the exercise of any of the rights conferred by the said sub clauses either in
the interests of the general public or for the protection of the interests of any Scheduled Tribe (6)
Nothing in sub clause (g) of the said clause shall affect the operation of any existing law in so far as it
imposes, or prevent the State from making any law imposing, in the interests of the general public,
reasonable restrictions on the exercise of the right conferred by the said sub clause, and, in
particular, nothing in the said sub clause shall affect the operation of any existing law in so far as it
relates to, or prevent the State from making any law relating to, (i) the professional or technical
qualifications necessary for practicing any profession or carrying on any occupation, trade or
business, or (ii) the carrying on by the State, or by a corporation owned or controlled by the State, of
any trade, business, industry or service, whether to the exclusion, complete or partial, of citizens or
otherwise.
5. Constitution of India, Article 21, is as follows: protection of life and personal liberty. It states that no
person shall be deprived of his life or personal liberty except according to procedure established by
law.
6. Human Rights Watch, This Alien Legacy: The Origins of Sodomy Laws in British Colonialism, 13
(2008).
7. Id. at 14.
8. Michael Kirby, The Sodomy Offence: England's Least Lovely Criminal Law Export?, J ournal of
Commonwealth Criminal Law, 22, 24 (2011).
9. H. Montgomery Hyde, The Love That Dared Not Speak Its Name: A Candid History of
Homosexuality in Britain, (Boston, Little Brown 1970) as seen in footnote 45, 14 of Human Rights
Watch, This Alien Legacy: The Origins of Sodomy Laws in British Colonialism, New York
(2008).
10. W. Prest, Blackstone and His Commentaries: Biography, Law, History, 3 (Oxford, Hart 2009).
11. The Wolfenden Report, Report of the Committee on Homosexual Offences and Prostitution, 23
(1963).
12. Id.
13. Ten years after the report was published, the recommendations on male homosexuality were
translated in a modified form into law, in the 1967 Sexual Offences Act for England and Wales;
th
J effrey Weeks, Wolfenden and beyond: The Remaking of Homosexual History (19 Feb, 2012),
http://www.historyandpolicy.org/papers/policy-paper-51.html; Matthew Waites, Regulation of
Sexuality: Age of Consent, 54 (3) Oxford J ournals.
14. Matthew Waites, Regulation of Sexuality: Age of Consent, 54(3) Oxford J ournals.
15. Sexual Offences Act, 2003, S. 7; R Wintermute, Sexual Orientation Discrimination in Individual
Rights and the law in Britain (C Mccrudden and G Chambers eds., 1994) as seen in Sandra
Fredman, Discrimination Law, Clarendon Law Series (2nd ed. Oxford University Press).
16. Canadian Prime Minister Pierre Elliott Trudeau adopts a government bill removing some provisions
of the Criminal Code, effectively decriminalizing certain sexual practices (gross indecency,
sodomy) committed between consenting adults (21 years of age) in privacy and not restricted to
homosexual people. Before this, homosexual relations were illegal as they contravened the Criminal
Code and were punishable with imprisonment. With a new law known as the Omnibus Bill, the State
effectively decriminalized homosexuality. See Donald Wilfred, Lesbian and gay liberation in
Canada: a selected annotated chronology, 1964-1975, ECW Press/Homewood Books (1996).
17. Pierre Elliott Trudeau, Canadian minister of justice, Remark to Newsmen, Ottawa, Canada,
(December 21, 1967) (Reported by The Globe and Mail, Toronto, December 22, 1967, p. 1) He was
commenting on the government's proposal to overhaul Canadian criminal law, giving new
recognition to individual rights in several areas, including sexual behavior.
36
18. Indian Penal Code, 1860.
19. Carnal is defined as of the body or flesh; worldly and sensual, sexual as seen in Concise
Oxford Dictionary (9th ed. 1995).
20. David Skuy, Macaulay and the Indian Penal Code of 1862: The Myth of the Inherent Superiority and
Modernity of the English Legal System Compared to India's Legal System in the Nineteenth
Century, 513-557, 32( 3) Modern Asian Studies (1998).
21. Siddarth Narrain, The Queer Case of Section 377 (Feb. 16, 2012), Sarai Reader 2005: Bare Acts 466.
http://www.sarai.net/publications/readers/05-bare-acts/06_siddharth.pdf
22. AIR 1925 Sind 286
23. AIR 1698 Guj 252
24. 1992 (2) Crimes 455
25. AIR 1983 SC 323
26. 1992 Cri.L.J . 1352
1. Naz Foundation v. Government of NCT and Ors., 160 (2009) DLT 277.
2. Peoples' Union for Civil Liberties, Human Rights Violations against the Transgender Community: A
study of kothi and hijra sex workers in Bangalore, India (2003).
3. Supra note1.
4. Id. at 8.
5. Id. at 22.
6. Id. at 9.
7. Id. at 10
8. Id. at 50
9. Id. at 23
10. Gobind v. State of MP (1975) 2 SCC 148
11. Supra note1, at 61
12. Id. at 64
13. Id. at 72
14. Id. at 64
15. Id. at 65
16. Id. at 24
17. Supra note1.
18. Id. at 60
19. Id.
20. Id. at 73
21. Id. at 57
22. Id. at 56
23. Id. at 57
24. Id. at 59
25. Id. at 24
26. Id. at 24
27. Id. at 101
28. Id. at 51
29. Id. at 51
30. Id. at 51
31. Id. at 67
32. Id.
33. Id. at 68
2. Naz Foundation Case: An Overview
35
of the State, friendly relations with foreign States, public order, decency or morality or in relation to
contempt of court, defamation or incitement to an offence (3) Nothing in sub clause (b) of the said
clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from
making any law imposing, in the interests of the sovereignty and integrity of India or public order,
reasonable restrictions on the exercise of the right conferred by the said sub clause (4) Nothing in
sub clause (c) of the said clause shall affect the operation of any existing law in so far as it imposes,
or prevent the State from making any law imposing, in the interests of the sovereignty and integrity
of India or public order or morality, reasonable restrictions on the exercise of the right conferred by
the said sub clause (5) Nothing in sub clauses (d) and (e) of the said clause shall affect the operation
of any existing law in so far as it imposes, or prevent the State from making any law imposing,
reasonable restrictions on the exercise of any of the rights conferred by the said sub clauses either in
the interests of the general public or for the protection of the interests of any Scheduled Tribe (6)
Nothing in sub clause (g) of the said clause shall affect the operation of any existing law in so far as it
imposes, or prevent the State from making any law imposing, in the interests of the general public,
reasonable restrictions on the exercise of the right conferred by the said sub clause, and, in
particular, nothing in the said sub clause shall affect the operation of any existing law in so far as it
relates to, or prevent the State from making any law relating to, (i) the professional or technical
qualifications necessary for practicing any profession or carrying on any occupation, trade or
business, or (ii) the carrying on by the State, or by a corporation owned or controlled by the State, of
any trade, business, industry or service, whether to the exclusion, complete or partial, of citizens or
otherwise.
5. Constitution of India, Article 21, is as follows: protection of life and personal liberty. It states that no
person shall be deprived of his life or personal liberty except according to procedure established by
law.
6. Human Rights Watch, This Alien Legacy: The Origins of Sodomy Laws in British Colonialism, 13
(2008).
7. Id. at 14.
8. Michael Kirby, The Sodomy Offence: England's Least Lovely Criminal Law Export?, J ournal of
Commonwealth Criminal Law, 22, 24 (2011).
9. H. Montgomery Hyde, The Love That Dared Not Speak Its Name: A Candid History of
Homosexuality in Britain, (Boston, Little Brown 1970) as seen in footnote 45, 14 of Human Rights
Watch, This Alien Legacy: The Origins of Sodomy Laws in British Colonialism, New York
(2008).
10. W. Prest, Blackstone and His Commentaries: Biography, Law, History, 3 (Oxford, Hart 2009).
11. The Wolfenden Report, Report of the Committee on Homosexual Offences and Prostitution, 23
(1963).
12. Id.
13. Ten years after the report was published, the recommendations on male homosexuality were
translated in a modified form into law, in the 1967 Sexual Offences Act for England and Wales;
th
J effrey Weeks, Wolfenden and beyond: The Remaking of Homosexual History (19 Feb, 2012),
http://www.historyandpolicy.org/papers/policy-paper-51.html; Matthew Waites, Regulation of
Sexuality: Age of Consent, 54 (3) Oxford J ournals.
14. Matthew Waites, Regulation of Sexuality: Age of Consent, 54(3) Oxford J ournals.
15. Sexual Offences Act, 2003, S. 7; R Wintermute, Sexual Orientation Discrimination in Individual
Rights and the law in Britain (C Mccrudden and G Chambers eds., 1994) as seen in Sandra
Fredman, Discrimination Law, Clarendon Law Series (2nd ed. Oxford University Press).
16. Canadian Prime Minister Pierre Elliott Trudeau adopts a government bill removing some provisions
of the Criminal Code, effectively decriminalizing certain sexual practices (gross indecency,
sodomy) committed between consenting adults (21 years of age) in privacy and not restricted to
homosexual people. Before this, homosexual relations were illegal as they contravened the Criminal
Code and were punishable with imprisonment. With a new law known as the Omnibus Bill, the State
effectively decriminalized homosexuality. See Donald Wilfred, Lesbian and gay liberation in
Canada: a selected annotated chronology, 1964-1975, ECW Press/Homewood Books (1996).
17. Pierre Elliott Trudeau, Canadian minister of justice, Remark to Newsmen, Ottawa, Canada,
(December 21, 1967) (Reported by The Globe and Mail, Toronto, December 22, 1967, p. 1) He was
commenting on the government's proposal to overhaul Canadian criminal law, giving new
recognition to individual rights in several areas, including sexual behavior.
36
18. Indian Penal Code, 1860.
19. Carnal is defined as of the body or flesh; worldly and sensual, sexual as seen in Concise
Oxford Dictionary (9th ed. 1995).
20. David Skuy, Macaulay and the Indian Penal Code of 1862: The Myth of the Inherent Superiority and
Modernity of the English Legal System Compared to India's Legal System in the Nineteenth
Century, 513-557, 32( 3) Modern Asian Studies (1998).
21. Siddarth Narrain, The Queer Case of Section 377 (Feb. 16, 2012), Sarai Reader 2005: Bare Acts 466.
http://www.sarai.net/publications/readers/05-bare-acts/06_siddharth.pdf
22. AIR 1925 Sind 286
23. AIR 1698 Guj 252
24. 1992 (2) Crimes 455
25. AIR 1983 SC 323
26. 1992 Cri.L.J . 1352
1. Naz Foundation v. Government of NCT and Ors., 160 (2009) DLT 277.
2. Peoples' Union for Civil Liberties, Human Rights Violations against the Transgender Community: A
study of kothi and hijra sex workers in Bangalore, India (2003).
3. Supra note1.
4. Id. at 8.
5. Id. at 22.
6. Id. at 9.
7. Id. at 10
8. Id. at 50
9. Id. at 23
10. Gobind v. State of MP (1975) 2 SCC 148
11. Supra note1, at 61
12. Id. at 64
13. Id. at 72
14. Id. at 64
15. Id. at 65
16. Id. at 24
17. Supra note1.
18. Id. at 60
19. Id.
20. Id. at 73
21. Id. at 57
22. Id. at 56
23. Id. at 57
24. Id. at 59
25. Id. at 24
26. Id. at 24
27. Id. at 101
28. Id. at 51
29. Id. at 51
30. Id. at 51
31. Id. at 67
32. Id.
33. Id. at 68
2. Naz Foundation Case: An Overview
37
34. Id. at 60, 73
35. (1978) 1 SCC 248
36. Supra note 1, at 25
37. Id. at 26
38. Id.
39. Prem Shankar Shukla v. Delhi Admn. (1980) 3 SCC 526
40. Supra note 1, at 27
41. Kharak Singh v. State of UP (1964) 1 SCR 332; Gobind v. State of MP (1975) 2 SCC 148
42. Olmstead v. United States, 277 US 438 (1928), 478
43. 478 US 186 (1986)
44. Supra note 1, at 34
45. Id. at 35
46. Id. at 39
47. Id.
48. Id. at 40
49. Supra note1
50. AIR 1955 SC 191
51. Supra note1, at 74
52. Ajay Hasia v. Khalid Mujib Sehravardi, (1981) 1 SCC 722
53. (1989) 2 SCC 145
54. Id at.74
55. Id. at 77
56. Id. at 76
57. Id. at 79
58. Id. at 82
59. Id.
60. Id. at 83
61. No.488/1992 CCPR/C/ 50/D/488/1992, March 31, 1994
62. [1999] 2 S.C.R. 203
63. Supra note 1, at 85
64. Id. at 85
65. (2008) 3 SCC 1
66. Id. at 88
67. Id.
68. Id. at 91
69. Supra note1
70. Id.
71. Id.
72. Id. at 92
73. Id.
74. Id. at 91
75. Id. at 93
76. Id. at 99
77. Id.
78. Id. at 100
79. Id. at 104
80. Id. at 105
38
3. Rationale of the Study
7. Findings and Analysis
8. Conclusion
1. It is pertinent to mention that the scope of the interviews was limited to gays, bisexuals and
transgenders. The study did not look at or interview any lesbians. The Centre is undertaking another
study to understand the reason for the inexplicable exclusion of lesbians from the agenda of the
decriminalization campaign in India and the scope of the High Court petition and judgement.
2. Naz Foundation v. Government of NCT and Ors., 160 (2009) DLT 277 at 15.
3. Supra Note 1.
4. Melissa Bull, Susan Pinto and Paul Wilson, Homosexual Law Reform in Australia, in Trends and
Issues in Crime and Criminal J ustice ( Australian Institute of Criminology, 1991)
5. K Sinclair, MW Ross,Consequences of Decriminalization of Homosexuality: A Study of Two
Australian States" 12(1) J ournal of Homosexuality (Fall 1985)119-27.
6. G Geis, R Wright, T Garrett, P R Wilson, Reported Consequences of Decriminalization of
Consensual Adult Homosexuality in Seven American States, J ournal of Homosexuality Vol.1 Issue
4, pp. 419-426 (Summer 1976)
7. Inge Lauw, Victimless Crimes: Decriminalisation of Homosexual Sexual Activity, Vol. 1 No. 3,
Murdoch University Electronic J ournal of Law (1994) Available at http://www.murdoch.edu.au/
elaw/issues/v1n3/lauw132.html (Feb. 16, 2012); Ryan Goodman, 'Beyond the Enforcement
Principle: Sodomy Laws,Social Norms and Social Panoptics', California Law Review, Vol 89,No 3,
May 2001.
1. Ryan Goodman, Beyond the Enforcement Principle: Sodomy Laws, Social Norms and Social
Panoptics, 89(3) California Law Review (2001).
2. Id. at 688-690
3. Id. at 689-690
4. Id. at 690- 711
5. Id. at 690-694
6. Aaron Belkin and J ason McNichol, Effects of the 1992 Lifting of Restrictions on Gay and Lesbian
Service in the Canadian Forces: Appraising the Evidence, 2, (18th Feb, 2012), Report Prepared For:
The Center for the Study of Sexual Minorities in the Military, University of California at Santa
Barbara, http://dont.stanford.edu/commentary/Canadian_Forces.pdf.
7. Eddie Bruce-J ones and Lucas Paoli Itaborah, State-sponsored Homophobia: A world survey of laws
criminalizing same-sex sexual acts between consenting adults, 5, (18th Feb, 2012), ILGA report,
http://old.ilga.org/Statehomophobia/ILGA_State_Sponsored_Homophobia_2011.pdf.
8. Inge Lauw, Victimless Crimes: Decriminalisation of Homosexual Sexual Activity, (Feb. 16, 2012),
1(3) Murdoch University Electronic J ournal of Law (1994),
9. Human Rights Watch, We'll Show You You're a Woman Violence and Discrimination against
Black Lesbians and Transgender Men in South Africa (2011).
10. Supra note 8.
11. Peoples' Union for Civil Liberties, Human Rights Violations Against the Transgender Community:
A study of kothi and hijra sex workers in Bangalore, India (2003).
12. Id.
1. Ryan Goodman, Beyond the Enforcement Principle: Sodomy Laws, Social Norms and Social
Panoptics, 89(3) California Law Review (2001).
2. Id.
3. Id.
4. Id.
http://www.murdoch.edu.au/.
37
34. Id. at 60, 73
35. (1978) 1 SCC 248
36. Supra note 1, at 25
37. Id. at 26
38. Id.
39. Prem Shankar Shukla v. Delhi Admn. (1980) 3 SCC 526
40. Supra note 1, at 27
41. Kharak Singh v. State of UP (1964) 1 SCR 332; Gobind v. State of MP (1975) 2 SCC 148
42. Olmstead v. United States, 277 US 438 (1928), 478
43. 478 US 186 (1986)
44. Supra note 1, at 34
45. Id. at 35
46. Id. at 39
47. Id.
48. Id. at 40
49. Supra note1
50. AIR 1955 SC 191
51. Supra note1, at 74
52. Ajay Hasia v. Khalid Mujib Sehravardi, (1981) 1 SCC 722
53. (1989) 2 SCC 145
54. Id at.74
55. Id. at 77
56. Id. at 76
57. Id. at 79
58. Id. at 82
59. Id.
60. Id. at 83
61. No.488/1992 CCPR/C/ 50/D/488/1992, March 31, 1994
62. [1999] 2 S.C.R. 203
63. Supra note 1, at 85
64. Id. at 85
65. (2008) 3 SCC 1
66. Id. at 88
67. Id.
68. Id. at 91
69. Supra note1
70. Id.
71. Id.
72. Id. at 92
73. Id.
74. Id. at 91
75. Id. at 93
76. Id. at 99
77. Id.
78. Id. at 100
79. Id. at 104
80. Id. at 105
38
3. Rationale of the Study
7. Findings and Analysis
8. Conclusion
1. It is pertinent to mention that the scope of the interviews was limited to gays, bisexuals and
transgenders. The study did not look at or interview any lesbians. The Centre is undertaking another
study to understand the reason for the inexplicable exclusion of lesbians from the agenda of the
decriminalization campaign in India and the scope of the High Court petition and judgement.
2. Naz Foundation v. Government of NCT and Ors., 160 (2009) DLT 277 at 15.
3. Supra Note 1.
4. Melissa Bull, Susan Pinto and Paul Wilson, Homosexual Law Reform in Australia, in Trends and
Issues in Crime and Criminal J ustice ( Australian Institute of Criminology, 1991)
5. K Sinclair, MW Ross,Consequences of Decriminalization of Homosexuality: A Study of Two
Australian States" 12(1) J ournal of Homosexuality (Fall 1985)119-27.
6. G Geis, R Wright, T Garrett, P R Wilson, Reported Consequences of Decriminalization of
Consensual Adult Homosexuality in Seven American States, J ournal of Homosexuality Vol.1 Issue
4, pp. 419-426 (Summer 1976)
7. Inge Lauw, Victimless Crimes: Decriminalisation of Homosexual Sexual Activity, Vol. 1 No. 3,
Murdoch University Electronic J ournal of Law (1994) Available at http://www.murdoch.edu.au/
elaw/issues/v1n3/lauw132.html (Feb. 16, 2012); Ryan Goodman, 'Beyond the Enforcement
Principle: Sodomy Laws,Social Norms and Social Panoptics', California Law Review, Vol 89,No 3,
May 2001.
1. Ryan Goodman, Beyond the Enforcement Principle: Sodomy Laws, Social Norms and Social
Panoptics, 89(3) California Law Review (2001).
2. Id. at 688-690
3. Id. at 689-690
4. Id. at 690- 711
5. Id. at 690-694
6. Aaron Belkin and J ason McNichol, Effects of the 1992 Lifting of Restrictions on Gay and Lesbian
Service in the Canadian Forces: Appraising the Evidence, 2, (18th Feb, 2012), Report Prepared For:
The Center for the Study of Sexual Minorities in the Military, University of California at Santa
Barbara, http://dont.stanford.edu/commentary/Canadian_Forces.pdf.
7. Eddie Bruce-J ones and Lucas Paoli Itaborah, State-sponsored Homophobia: A world survey of laws
criminalizing same-sex sexual acts between consenting adults, 5, (18th Feb, 2012), ILGA report,
http://old.ilga.org/Statehomophobia/ILGA_State_Sponsored_Homophobia_2011.pdf.
8. Inge Lauw, Victimless Crimes: Decriminalisation of Homosexual Sexual Activity, (Feb. 16, 2012),
1(3) Murdoch University Electronic J ournal of Law (1994),
9. Human Rights Watch, We'll Show You You're a Woman Violence and Discrimination against
Black Lesbians and Transgender Men in South Africa (2011).
10. Supra note 8.
11. Peoples' Union for Civil Liberties, Human Rights Violations Against the Transgender Community:
A study of kothi and hijra sex workers in Bangalore, India (2003).
12. Id.
1. Ryan Goodman, Beyond the Enforcement Principle: Sodomy Laws, Social Norms and Social
Panoptics, 89(3) California Law Review (2001).
2. Id.
3. Id.
4. Id.
http://www.murdoch.edu.au/.
39 40
Selected Bibliography
Books
Articles/Book Chapters
1. Arvind Narrian and Gautam Bhan. Because I Have A Voice: Queer Politics In
India. New Delhi: Yoda Press, 2005.
2. Brinda Bose and Subhabrata Bhattacharya. The Phobic and the Erotic: The
Politics of Sexualities in Contemporary India. London: Seagull, 2007.
3. Cruz-Malave and M. Manalansan. Queer Globalizations: Citizenship and the
Afterlife of Colonialism. New York: New York University Press, 2002.
4. Donald Wilfred. Lesbian and Gay Liberation in Canada: A Selected Annotated
Chronology, 1964-1975. ECW Press/Homewood Books, 1996.
5. Gayatri Gopinath. Impossible Desires: Queer Diasporas and South Asian Public
Cultures. Durham: Duke University Press, 2005.
6. Geetanjali Misra and Radhika Chandiramani. Sexuality, Gender and Rights:
Exploring Theory and Practice in South and Southeast Asia. Sage Publications,
2005.
7. H. Montgomery Hyde. The Love That Dared Not Speak Its Name: A Candid
History of Homosexuality in Britain. Boston: Little Brown, 1970.
8. KI Vibhute. P.S.A. Pillai's Criminal Law. Nagpur: Lexis Nexis, 2008.
9. Nivedita Menon. Sexualities. Kali/Women Unlimited, 2007.
10. R. Vanita. Queering India: Same-sex Love and Eroticism in Indian Culture and
Society. New York: Routledge, 2002.
11. Sandra Fredman. Discrimination Law. Oxford: Oxford University Press, 2001.
12. Suparna Bhaskaran. Made in India: Decolonizations, Queer Sexualities, Trans/
National Projects. New York: Palgrave Macmillan, 2004.
13. W. Prest. Blackstone and His Commentaries: Biography, Law, History.
Oxford: Hart, 2009.
1. Ashok Row Kavi. The Changing Image of the Hero in Hindi Films. Journal of
Homosexuality 39 (2000): 307-312.
2. David Kimmel and Daniel J . Robinson. Sex, Crime, Pathology: Homosexuality
and Criminal Code Reform in Canada 1949- 1969 Can. J.L. & Soc. 16.147
(2001)
3. David Skuy. Macaulay and the Indian Penal Code of 1862: The Myth of the
Inherent Superiority and Modernity of the English Legal System Compared to
India's Legal System in the Nineteenth Century Modern Asian Studies 32. 3
(1998): 513-557.
4. Dinesh Bhugra. Experience of Being a Gay Man in Urban India: A Descriptive
Study. Sexual and Marital Therapy 12.4 (1997): 371.
5. Inge Lauw. Victimless Crimes: Decriminalisation of Homosexual Sexual
Activity Murdoch University Electronic Journal of Law 1.3 (1994). Available at
http://www.murdoch.edu.au/elaw/issues/v1n3/lauw132.html (Last accessed on
16/O2/ 2012)
6. G Geis et al. Reported Consequences of Decriminalization of Consensual Adult
Homosexuality in Seven American States Journal of Homosexuality 1.4 (1976):
419-426.
7. J effrey Weeks. Wolfenden and Beyond: the Remaking of Homosexual History
(2007) Available at http://www.historyandpolicy.org/papers/policy-paper-
51.html (Last accessed on 19/02/2012)
8. L. Duggan. "The New Homonormativity: The Sexual Politics of Neoliberalism"
in Materializing Democracy: Toward a Revitalized Cultural Politics. R.
Castronovo and D. Nelson. Duke University Press, 2002.
9. Matthew Waites. Regulation of Sexuality: Age of Consent, Section 28 and Sex
Education Oxford Journals 54.3 (2001)
10. Max Kirsch. Queer Theory, Late Capitalism and Internalized Homophobia.
Journal of Homosexuality 52.1/2 (2006): 19-45.
11. Melissa Bull et al. Homosexual Law Reform in Australia, in Trends and Issues
in Crime and Criminal J ustice Australian Institute of Criminology (1991)
12. Michael Kirby. The Sodomy Offence: England's Least Lovely Criminal Law
Export? Journal of Commonwealth Criminal Law (2011)
13. Arvind Narrain. The Articulation of Rights Around Sexuality and Health:
Subaltern Queer Cultures in India in the Era of Hindutva Health and Human
Rights 7.2 (2004): 142-164.
14. Ratna Kapur. Out of the Colonial Closet, But Still Thinking 'Inside The Box':
Regulation 'Perversion' and the Role of Tolerance in De-radicalising the Rights
Claims of Sexual Subalterns NUJS Law Review 2.3 (2009): 381-396.
15. Ryan Goodman. Beyond the Enforcement Principle: Sodomy Laws, Social
Norms and Social Panoptics California Law Review 89.3 (2001)
16. R. Petchesky. Sexual Rights Policies across Countries and Culture: Conceptual
Frameworks and Minefields in Sex Politics: Reports from the Frontlines. R.
Parker, R. Petchesky and R. Sember. New York: Sexuality Policy Watch, 2004.
17. R Wintermute. Sexual Orientation Discrimination in Individual Rights and the
Law in Britain. C. McCrudden and G. Chambers. Clarendon Press, 1994.
18. Shivanandi Khan. Culture, Sexualities, and Identities: Men Who Have Sex with
Men in India. Journal of Homosexuality 40.4 (2001): 99-115.
19. Siddarth Narrain. The Queer Case of Section 377 Sarai Reader 2005: Bare
Acts 466. Available at http://www.sarai.net/publications/readers/05-bare-
acts/06_siddharth.pdf (Last accessed on 16/02/ 2012)
20. Sinclair K, Ross MW. Consequences of Decriminalization of Homosexuality: A
Study of Two Australian States Journal of Homosexuality 12.1 (1985): 119-27.
21. S. Katyal. "Exporting Identity" Yale Journal of Law and Feminism 14 (2002): 97-
157.
22. A. Tellis. The LGBT Discourse in India Applied Ethics and Human Rights:
Conceptual Analysis and Contextual Applications. S. Motilal. Anthem Press
India, 2011.
39 40
Selected Bibliography
Books
Articles/Book Chapters
1. Arvind Narrian and Gautam Bhan. Because I Have A Voice: Queer Politics In
India. New Delhi: Yoda Press, 2005.
2. Brinda Bose and Subhabrata Bhattacharya. The Phobic and the Erotic: The
Politics of Sexualities in Contemporary India. London: Seagull, 2007.
3. Cruz-Malave and M. Manalansan. Queer Globalizations: Citizenship and the
Afterlife of Colonialism. New York: New York University Press, 2002.
4. Donald Wilfred. Lesbian and Gay Liberation in Canada: A Selected Annotated
Chronology, 1964-1975. ECW Press/Homewood Books, 1996.
5. Gayatri Gopinath. Impossible Desires: Queer Diasporas and South Asian Public
Cultures. Durham: Duke University Press, 2005.
6. Geetanjali Misra and Radhika Chandiramani. Sexuality, Gender and Rights:
Exploring Theory and Practice in South and Southeast Asia. Sage Publications,
2005.
7. H. Montgomery Hyde. The Love That Dared Not Speak Its Name: A Candid
History of Homosexuality in Britain. Boston: Little Brown, 1970.
8. KI Vibhute. P.S.A. Pillai's Criminal Law. Nagpur: Lexis Nexis, 2008.
9. Nivedita Menon. Sexualities. Kali/Women Unlimited, 2007.
10. R. Vanita. Queering India: Same-sex Love and Eroticism in Indian Culture and
Society. New York: Routledge, 2002.
11. Sandra Fredman. Discrimination Law. Oxford: Oxford University Press, 2001.
12. Suparna Bhaskaran. Made in India: Decolonizations, Queer Sexualities, Trans/
National Projects. New York: Palgrave Macmillan, 2004.
13. W. Prest. Blackstone and His Commentaries: Biography, Law, History.
Oxford: Hart, 2009.
1. Ashok Row Kavi. The Changing Image of the Hero in Hindi Films. Journal of
Homosexuality 39 (2000): 307-312.
2. David Kimmel and Daniel J . Robinson. Sex, Crime, Pathology: Homosexuality
and Criminal Code Reform in Canada 1949- 1969 Can. J.L. & Soc. 16.147
(2001)
3. David Skuy. Macaulay and the Indian Penal Code of 1862: The Myth of the
Inherent Superiority and Modernity of the English Legal System Compared to
India's Legal System in the Nineteenth Century Modern Asian Studies 32. 3
(1998): 513-557.
4. Dinesh Bhugra. Experience of Being a Gay Man in Urban India: A Descriptive
Study. Sexual and Marital Therapy 12.4 (1997): 371.
5. Inge Lauw. Victimless Crimes: Decriminalisation of Homosexual Sexual
Activity Murdoch University Electronic Journal of Law 1.3 (1994). Available at
http://www.murdoch.edu.au/elaw/issues/v1n3/lauw132.html (Last accessed on
16/O2/ 2012)
6. G Geis et al. Reported Consequences of Decriminalization of Consensual Adult
Homosexuality in Seven American States Journal of Homosexuality 1.4 (1976):
419-426.
7. J effrey Weeks. Wolfenden and Beyond: the Remaking of Homosexual History
(2007) Available at http://www.historyandpolicy.org/papers/policy-paper-
51.html (Last accessed on 19/02/2012)
8. L. Duggan. "The New Homonormativity: The Sexual Politics of Neoliberalism"
in Materializing Democracy: Toward a Revitalized Cultural Politics. R.
Castronovo and D. Nelson. Duke University Press, 2002.
9. Matthew Waites. Regulation of Sexuality: Age of Consent, Section 28 and Sex
Education Oxford Journals 54.3 (2001)
10. Max Kirsch. Queer Theory, Late Capitalism and Internalized Homophobia.
Journal of Homosexuality 52.1/2 (2006): 19-45.
11. Melissa Bull et al. Homosexual Law Reform in Australia, in Trends and Issues
in Crime and Criminal J ustice Australian Institute of Criminology (1991)
12. Michael Kirby. The Sodomy Offence: England's Least Lovely Criminal Law
Export? Journal of Commonwealth Criminal Law (2011)
13. Arvind Narrain. The Articulation of Rights Around Sexuality and Health:
Subaltern Queer Cultures in India in the Era of Hindutva Health and Human
Rights 7.2 (2004): 142-164.
14. Ratna Kapur. Out of the Colonial Closet, But Still Thinking 'Inside The Box':
Regulation 'Perversion' and the Role of Tolerance in De-radicalising the Rights
Claims of Sexual Subalterns NUJS Law Review 2.3 (2009): 381-396.
15. Ryan Goodman. Beyond the Enforcement Principle: Sodomy Laws, Social
Norms and Social Panoptics California Law Review 89.3 (2001)
16. R. Petchesky. Sexual Rights Policies across Countries and Culture: Conceptual
Frameworks and Minefields in Sex Politics: Reports from the Frontlines. R.
Parker, R. Petchesky and R. Sember. New York: Sexuality Policy Watch, 2004.
17. R Wintermute. Sexual Orientation Discrimination in Individual Rights and the
Law in Britain. C. McCrudden and G. Chambers. Clarendon Press, 1994.
18. Shivanandi Khan. Culture, Sexualities, and Identities: Men Who Have Sex with
Men in India. Journal of Homosexuality 40.4 (2001): 99-115.
19. Siddarth Narrain. The Queer Case of Section 377 Sarai Reader 2005: Bare
Acts 466. Available at http://www.sarai.net/publications/readers/05-bare-
acts/06_siddharth.pdf (Last accessed on 16/02/ 2012)
20. Sinclair K, Ross MW. Consequences of Decriminalization of Homosexuality: A
Study of Two Australian States Journal of Homosexuality 12.1 (1985): 119-27.
21. S. Katyal. "Exporting Identity" Yale Journal of Law and Feminism 14 (2002): 97-
157.
22. A. Tellis. The LGBT Discourse in India Applied Ethics and Human Rights:
Conceptual Analysis and Contextual Applications. S. Motilal. Anthem Press
India, 2011.
41
1. Ajay Hasia v. Khalid Mujib Sehravardi (1981) 1 SCC 722
2. Anuj Garg v. Hotel Association of India (2008) 3 SCC 1
3. Bowers, Attorney General of Georgia v. Hardwick et al 478 US 186 (1986)
4. Brother John Antony v. The State 1992 Cri.L.J . 1352
5. Calvin Francis v. Orissa 1992 (2) Crimes 455
6. Corbiere v. Canada [1999] 2 S.C.R. 203
7. Deepak Sibal v. Punjab University (1989) 2 SCC 145
8. Fazal Rab Choudhary v. State of Bihar AIR 1983 SC 323
9. Gobind v. State of MP (1975) 2 SCC 148
10. Kharak Singh v. State of UP (1964) 1 SCR 332
11. Khanu v. Emperor AIR 1925 Sind 286
12. Lohana Vasantlal Devchand v. State AIR 1968 Guj 252
13. Maneka Gandhi v. Union of India (1978) 1 SCC 248
14. Naz Foundation v. Government of NCT and Ors. 160 (2009) DLT 27
15. Olmstead v. United States 277 US 438 (1928) p. 478
16. Prem Shankar Shukla v. Delhi Admn. (1980) 3 SCC 526
17. Toonen v. Australia. No.488/1992 CCPR/C/ 50/D/488/1992, March 31, 1994
1. Aaron Belkin and J ason McNichol. Effects of the 1992 Lifting of Restrictions
on Gay and Lesbian Service in the Canadian Forces: Appraising the Evidence
The Center for the Study of Sexual Minorities in the Military, University of
California at Santa Barbara. Available at http://dont.stanford.edu/commentary/
Canadian_Forces.pdf (Last accessed on 18/02/2012)
2. Eddie Bruce-J ones and Lucas Paoli Itaborah. State-Sponsored Homophobia: A
World Survey of Laws Criminalizing Same-Sex Sexual Acts Between
Consenting Adults ILGA. Available at http://old.ilga.org/Statehomophobia/
I LGA_State_Sponsored_Homophobia_2011.pdf (Last accessed on
18/02/2012).
3. Human Rights Violations Against the Transgender Community: A Study of
Kothi and Hijra Sex Workers in Bangalore, India. Peoples' Union for Civil
Liberties, Karnataka (2003)
4. The Wolfenden Report: Report of the Committee on Homosexual Offences and
Prostitution Committee on Homosexual Offences and Prostitution, New York:
Stein and Day (1963)
5. This Alien Legacy: The Origins of 'Sodomy' Laws in British Colonialism
Human Rights Watch, New York (2008)
6. We'll Show You You're a Woman: Violence and Discrimination against Black
Lesbians and Transgender Men in South Africa. Human Rights Watch. Printed
in United States (2011)
Case Law
National and International Reports
Annexure - I
41
1. Ajay Hasia v. Khalid Mujib Sehravardi (1981) 1 SCC 722
2. Anuj Garg v. Hotel Association of India (2008) 3 SCC 1
3. Bowers, Attorney General of Georgia v. Hardwick et al 478 US 186 (1986)
4. Brother John Antony v. The State 1992 Cri.L.J . 1352
5. Calvin Francis v. Orissa 1992 (2) Crimes 455
6. Corbiere v. Canada [1999] 2 S.C.R. 203
7. Deepak Sibal v. Punjab University (1989) 2 SCC 145
8. Fazal Rab Choudhary v. State of Bihar AIR 1983 SC 323
9. Gobind v. State of MP (1975) 2 SCC 148
10. Kharak Singh v. State of UP (1964) 1 SCR 332
11. Khanu v. Emperor AIR 1925 Sind 286
12. Lohana Vasantlal Devchand v. State AIR 1968 Guj 252
13. Maneka Gandhi v. Union of India (1978) 1 SCC 248
14. Naz Foundation v. Government of NCT and Ors. 160 (2009) DLT 27
15. Olmstead v. United States 277 US 438 (1928) p. 478
16. Prem Shankar Shukla v. Delhi Admn. (1980) 3 SCC 526
17. Toonen v. Australia. No.488/1992 CCPR/C/ 50/D/488/1992, March 31, 1994
1. Aaron Belkin and J ason McNichol. Effects of the 1992 Lifting of Restrictions
on Gay and Lesbian Service in the Canadian Forces: Appraising the Evidence
The Center for the Study of Sexual Minorities in the Military, University of
California at Santa Barbara. Available at http://dont.stanford.edu/commentary/
Canadian_Forces.pdf (Last accessed on 18/02/2012)
2. Eddie Bruce-J ones and Lucas Paoli Itaborah. State-Sponsored Homophobia: A
World Survey of Laws Criminalizing Same-Sex Sexual Acts Between
Consenting Adults ILGA. Available at http://old.ilga.org/Statehomophobia/
I LGA_State_Sponsored_Homophobia_2011.pdf (Last accessed on
18/02/2012).
3. Human Rights Violations Against the Transgender Community: A Study of
Kothi and Hijra Sex Workers in Bangalore, India. Peoples' Union for Civil
Liberties, Karnataka (2003)
4. The Wolfenden Report: Report of the Committee on Homosexual Offences and
Prostitution Committee on Homosexual Offences and Prostitution, New York:
Stein and Day (1963)
5. This Alien Legacy: The Origins of 'Sodomy' Laws in British Colonialism
Human Rights Watch, New York (2008)
6. We'll Show You You're a Woman: Violence and Discrimination against Black
Lesbians and Transgender Men in South Africa. Human Rights Watch. Printed
in United States (2011)
Case Law
National and International Reports
Annexure - I
In 2009, J GU began its first academic session with the establishment of India's first
global law school, J indal Global Law School (J GLS). J GLS is recognised by the Bar
Council of India and offers a three-year LL.B. programme, a five-year B.A. LL.B.
(Hons.) programme and an LL.M. programme. J GLS has established research centres
in a variety of key policy areas, including: Global Corporate and Financial Law and
Policy; Women, Law, and Social Change; Penology, Criminal J ustice and Police
Studies; Human Rights Studies; International Trade and Economic Laws; Global
Governance and Policy; Health Law, Ethics, and Technology; Intellectual Property
Rights Studies; Public Law and J urisprudence; Environment and Climate Change
Studies; South Asian Legal Studies, International Legal Studies, Psychology and
Victimology Studies and Clinical Legal Programmes. J GLS has established
international collaborations with law schools around the world, including Harvard,
Yale, Columbia, Michigan, Cornell and Indiana. J GLS has also signed MoU with a
number of reputed law firms in India and abroad, including White & Case, Amarchand
& Mangaldas & Suresh A. Shroff & Co., AZB & Partners, FoxMandal Little, Luthra
and Luthra Law offices, Khaitan & Co. and Nishith Desai Associates.
O.P. J indal Global University (J GU) is a non-profit global university established by
the Haryana Private Universities (Second Amendment) Act, 2009. J GU is established
in memory of Mr. O.P. J indal as a philanthropic initiative of Mr. Naveen J indal, the
Founding Chancellor. The University Grants Commission has accorded its
recognition to O.P. J indal Global University. The vision of J GU is to promote global
courses, global programmes, global curriculum, global research, global
collaborations, and global interaction through a global faculty. J GU is situated on a
60-acre state of the art residential campus in the National Capital Region of Delhi.
J GU is one of the few universities in Asia that maintains a 1:15 faculty-student ratio
and appoints faculty members from different parts of the world with outstanding
academic qualifications and experience. J GU has established four schools: J indal
Global Law School (J GLS), J indal Global Business School (J GBS), J indal School of
International Affairs (J SIA) and J indal School of Government and Public Policy
(J SGP).
43
www.jgu.edu.in
www.jgls.edu.in
44
J indal Global Business School (J GBS) began its first academic session with an MBA
programme in 2010. The vision of J GBS is to impart global business education to
uniquely equip students, managers and professionals with the necessary knowledge,
acumen and skills to effectively tackle challenges faced by transnational business and
industry. J GBS offers a multi-disciplinary global business education to foster
academic excellence, industry partnerships and global collaborations. J GBS has
established several research centres and J GBS faculty are engaged in research on
current issues including: Applied Finance; Corporate Governance & Applied Ethics;
Digital Media & Communications; Emerging Economies & Markets; Family
Business & Wealth Creation; Social Entrepreneurship, Supply Chain & Logistics
Management; Infrastructure, Energy & Green Technologies; Innovative Leadership
& Change; and New Consumer Trends Studies. J GBS has established international
collaborations with the Naveen J indal School of Management, University of Texas at
Dallas, Kelley School of Business, and Carleton University.
J indal School of International Affairs (J SIA), India's first Global Policy School, is
enhancing Indian and international capacities to analyse and solve world problems. It
intends to strengthen India's intellectual base in international relations and affiliated
social science disciplines that have hitherto been largely neglected by Indian
academic institutions. J SIA commenced its academic session in August 2011 with a
Master of Arts in Diplomacy, Law and Business [M.A. (DLB)]. The programme is the
first of its kind in Asia, drawing upon the resources of global faculty in J indal Global
Law School, J indal Global Business School, as well as the J indal School of
International Affairs to create a unique interdisciplinary pedagogy. The [M.A. (DLB)]
is delivered on week days to residential students and on weekends for working
professionals, including diplomats, based in the National Capital Region (NCR) of
Delhi. J SIA has established international collaborations with the United Nations
University in Tokyo and the School of Public and Environmental Affairs (SPEA) of
Indiana University. J SIA hosts India's only Taiwan Education Centre, which has been
established by National Tsing Hua University of Taiwan with the backing of the
Ministry of Education, Government of Taiwan. J SIA publishes the J indal J ournal of
International Affairs (J J IA), a critically acclaimed bi-annual academic journal
featuring writings of Indian and international scholars and practitioners on
contemporary world affairs.
J indal School of Government and Public Policy (J SGP) of O.P. J indal Global
University (J GU) promotes public policy research that facilitates better
understanding of issues related to governance and public policy. The programmes at
J SGP bear in mind the contribution that the faculty and the students of the school can
make towards meeting the challenges of governance with a view to improving its
efficiency drawing upon comparative and international perspectives in public policy.
J GU promotes interdisciplinary studies and joint teaching and research programmes
at the schools of law, business, international affairs, government and public policy.
MA in Public Policy (MPP) is an interdisciplinary degree programme that bridges the
gap between theory and practice. The programme teaches the students to delve into
the contemporary issues in a coherent and holistic manner, to see the linkages among
various aspects of public policy and governance.
www.jsia.edu.in
www.jgbs.edu.in
www.jsgp.edu.in
In 2009, J GU began its first academic session with the establishment of India's first
global law school, J indal Global Law School (J GLS). J GLS is recognised by the Bar
Council of India and offers a three-year LL.B. programme, a five-year B.A. LL.B.
(Hons.) programme and an LL.M. programme. J GLS has established research centres
in a variety of key policy areas, including: Global Corporate and Financial Law and
Policy; Women, Law, and Social Change; Penology, Criminal J ustice and Police
Studies; Human Rights Studies; International Trade and Economic Laws; Global
Governance and Policy; Health Law, Ethics, and Technology; Intellectual Property
Rights Studies; Public Law and J urisprudence; Environment and Climate Change
Studies; South Asian Legal Studies, International Legal Studies, Psychology and
Victimology Studies and Clinical Legal Programmes. J GLS has established
international collaborations with law schools around the world, including Harvard,
Yale, Columbia, Michigan, Cornell and Indiana. J GLS has also signed MoU with a
number of reputed law firms in India and abroad, including White & Case, Amarchand
& Mangaldas & Suresh A. Shroff & Co., AZB & Partners, FoxMandal Little, Luthra
and Luthra Law offices, Khaitan & Co. and Nishith Desai Associates.
O.P. J indal Global University (J GU) is a non-profit global university established by
the Haryana Private Universities (Second Amendment) Act, 2009. J GU is established
in memory of Mr. O.P. J indal as a philanthropic initiative of Mr. Naveen J indal, the
Founding Chancellor. The University Grants Commission has accorded its
recognition to O.P. J indal Global University. The vision of J GU is to promote global
courses, global programmes, global curriculum, global research, global
collaborations, and global interaction through a global faculty. J GU is situated on a
60-acre state of the art residential campus in the National Capital Region of Delhi.
J GU is one of the few universities in Asia that maintains a 1:15 faculty-student ratio
and appoints faculty members from different parts of the world with outstanding
academic qualifications and experience. J GU has established four schools: J indal
Global Law School (J GLS), J indal Global Business School (J GBS), J indal School of
International Affairs (J SIA) and J indal School of Government and Public Policy
(J SGP).
43
www.jgu.edu.in
www.jgls.edu.in
44
J indal Global Business School (J GBS) began its first academic session with an MBA
programme in 2010. The vision of J GBS is to impart global business education to
uniquely equip students, managers and professionals with the necessary knowledge,
acumen and skills to effectively tackle challenges faced by transnational business and
industry. J GBS offers a multi-disciplinary global business education to foster
academic excellence, industry partnerships and global collaborations. J GBS has
established several research centres and J GBS faculty are engaged in research on
current issues including: Applied Finance; Corporate Governance & Applied Ethics;
Digital Media & Communications; Emerging Economies & Markets; Family
Business & Wealth Creation; Social Entrepreneurship, Supply Chain & Logistics
Management; Infrastructure, Energy & Green Technologies; Innovative Leadership
& Change; and New Consumer Trends Studies. J GBS has established international
collaborations with the Naveen J indal School of Management, University of Texas at
Dallas, Kelley School of Business, and Carleton University.
J indal School of International Affairs (J SIA), India's first Global Policy School, is
enhancing Indian and international capacities to analyse and solve world problems. It
intends to strengthen India's intellectual base in international relations and affiliated
social science disciplines that have hitherto been largely neglected by Indian
academic institutions. J SIA commenced its academic session in August 2011 with a
Master of Arts in Diplomacy, Law and Business [M.A. (DLB)]. The programme is the
first of its kind in Asia, drawing upon the resources of global faculty in J indal Global
Law School, J indal Global Business School, as well as the J indal School of
International Affairs to create a unique interdisciplinary pedagogy. The [M.A. (DLB)]
is delivered on week days to residential students and on weekends for working
professionals, including diplomats, based in the National Capital Region (NCR) of
Delhi. J SIA has established international collaborations with the United Nations
University in Tokyo and the School of Public and Environmental Affairs (SPEA) of
Indiana University. J SIA hosts India's only Taiwan Education Centre, which has been
established by National Tsing Hua University of Taiwan with the backing of the
Ministry of Education, Government of Taiwan. J SIA publishes the J indal J ournal of
International Affairs (J J IA), a critically acclaimed bi-annual academic journal
featuring writings of Indian and international scholars and practitioners on
contemporary world affairs.
J indal School of Government and Public Policy (J SGP) of O.P. J indal Global
University (J GU) promotes public policy research that facilitates better
understanding of issues related to governance and public policy. The programmes at
J SGP bear in mind the contribution that the faculty and the students of the school can
make towards meeting the challenges of governance with a view to improving its
efficiency drawing upon comparative and international perspectives in public policy.
J GU promotes interdisciplinary studies and joint teaching and research programmes
at the schools of law, business, international affairs, government and public policy.
MA in Public Policy (MPP) is an interdisciplinary degree programme that bridges the
gap between theory and practice. The programme teaches the students to delve into
the contemporary issues in a coherent and holistic manner, to see the linkages among
various aspects of public policy and governance.
www.jsia.edu.in
www.jgbs.edu.in
www.jsgp.edu.in
O. P. Jindal Global University
Governing Body
Board of Management
Academic Council
Sonipat Narela Road, Near J agdishpur Village, Sonipat, Haryana - 131 001, NCR of Delhi, India
Tel: +91-130-3057800/ 801/ 802; Fax: +91-130-3057888, Email: info@jgu.edu.in Website: www.jgu.edu.in
Chairman
Mr. Naveen Jindal, Chancellor, O.P. J indal Global University
Members
Professor C. Raj Kumar, Professor and Vice Chancellor, O.P. J indal Global University
Mr. S. S. Prasad, IAS, Secretary to Government of Haryana Education Department (Ex officio)
Mr. Anand Goel, J oint Managing Director, J indal Steel & Power Limited
Dr. Sanjeev P. Sahni, Head, Education Initiatives, J indal Steel & Power Limited
Dr. A. Francis J ulian, Senior Advocate, Supreme Court of India
Professor D.K. Srivastava, Former Pro Vice Chancellor, O. P. J indal Global University
Professor J ane E. Schukoske, CEO, Institute of Rural Research and Development (IRRAD)
Professor Peter H. Schuck, Yale University
Professor Stephen P. Marks, Harvard University
Professor Y.S.R. Mruthy, Registrar, O.P. J indal Global University
Chairman
Professor C. Raj Kumar, Professor and Vice-Chancellor, O.P. J indal Global University
Members
Mr. S. S. Prasad, IAS, Secretary to Government of Haryana, Education Department (Ex officio)
Dr. Sanjeev P. Sahni, Head, Education Initiatives, J indal Steel & Power Limited
Professor Y.S.R. Mruthy, Registrar, O.P. J indal Global University
Dr. A. Francis J ulian, Senior Advocate, Supreme Court of India
Professor Parmanand Singh, Former Dean, Faculty of Law, University of Delhi
Professor K.N. Chandrashekharan Pillai, Former Director, Indian Law Institute (ILI)
Dr. R.K. Raghavan, Consulting Advisor (Cyber Security), Tata Consultancy Services Ltd.
Ms. R.V. Anuradha, Partner, Clarus Law Associates
Professor Michael Barnes, Dean, J indal Global Business School
Professor Padmanabha Ramanujam, Assistant Professor and Assistant Dean (Academic), J indal Global Law School
Dr. Shounak Roy Chowdhury, Assistant Professor and Assistant Dean (Academic), J indal Global Business School
Chairman
Professor C. Raj Kumar, Professor and Vice-Chancellor, O.P. J indal Global University
Members
Dr. Sanjeev P. Sahni, Head, Education Initiatives, J indal Steel & Power Limited
Professor Y.S.R. Mruthy, Registrar, O.P. J indal Global University
Dr. A. Francis J ulian, Senior Advocate, Supreme Court of India
Professor N.R. Madhava Menon, Former Member, Centre State Relations Commission
Mr. D.R. Kaarthikeyan, Former Director, Central Bureau of Investigation
Professor B.B. Pande, Formerly, Professor of Law, Faculty of Law, University of Delhi
Professor Michael Barnes, Dean, J indal Global Business School
Professor Sreeram Sundar Chaulia, Vice Dean J indal School of International Affairs
Dr. Shounak Roy Chowdhury, Assistant Professor and Assistant Dean (Academic), J indal Global Business School
Professor Padmanabha Ramanujam, Assistant Professor and Assistant Dean (Academic), J indal Global Law School
Mr. Buddhi Prakash Chauhan, Director of Law Library, O.P. J indal Global University
Professor Mohsin Khan, Assistant Professor and Assistant Dean, J indal School of International Affairs
Dr. Swagato Sarkar, Assistant Professor and Assistant Dean, J SGP
45
Front Cover Design
The image created is a medley of forms, figures, bold and full colours. The figures in the background are engaged in actions that
are taboo, which ought not to be held in contempt by society. The figures in the foreground represent the narrow-mindedness of
society and general uneasiness which the sexually marginalised face on a daily basis in India.
The colours that have been used to fill the figures are representative of the disposition of the figures, and their uniform coverage
aims to convey the spirit and the integrity of the queer movement in the country, as well as the global movement towards
decriminalisation and equality for queer people.
The layer of pink, frothy dirt that covers parts of every segment of the picture is representative of society's notions of morality
and the impact that these notions have on acts of perceived rebellion, sexual or otherwise. However, all the images are still visible
beyond the froth, which represents the effect of the 2009 Delhi High Court judgment and the emergence of a new emancipatory
morality.
Front cover design by Rohan Kothari, 3rd year BA LLB Student, Jindal Global Law School
Back Inner Cover Description
This image symbolizes the queer movement in India. The rainbow in '2009' is located at Delhi on the map of India. The figure in
the centre with its arms wide open is symbolic of self-esteem, confidence and freedom. The scales of justice on the right side
represent the courageous role of the Indian judiciary in reading down Section 377. The symbol turns into a question mark at the
bottom, questioning the impact and effect of the decision. The bars are a symbol of restrictions placed on freedom, liberty and
dignity of sexually marginalized persons. The small figure of a female (almost hidden behind the bars) represents the hidden
presence of lesbians in India. The other small figures are secluded (even from each other) due to the lack of love, acceptance and
opportunities they receive from Indian society.
Back cover design by Kudrat Dev, 3rd year BA LLB Student, Jindal Global Law School
Manika Mishra, 3rd year BA LLB Student, Jindal Global Law School
O.P. Jindal Global University
Sonipat Narela Road, Near Jagdishpur Village, Sonipat,
Haryana-131001, NCR of Delhi, India
Tel: +91-130-3057801 / 802 / 804 / 805; Fax: +91-130-3057803 / 888
Email: info@jgu.edu.in; Website: www.jgu.edu.in