Skip to main content
SpringerLink
Log in

Homosexuality in the Jurisprudence of the Supreme Court of India

  • Book
  • © 2017

Overview

Authors:
  1. Yeshwant Naik

    1. Department of Civil Law, Philosophy of Law and Medical Law, University of Muenster, Muenster, Germany

    View author publications

    You can also search for this author in PubMed   Google Scholar

  • Offers original research on gay masculinity in India
  • Provides insights into alternative family issues, gender diversity, equality and marriage
  • Includes a detailed discussion on the Indian Supreme Court’s jurisprudence on homosexuality

This is a preview of subscription content, log in via an institution to check access.

Access this book

Log in via an institution
eBook USD 99.00
Price excludes VAT (USA)
  • Available as EPUB and PDF
  • Read on any device
  • Instant download
  • Own it forever
Softcover Book USD 129.99
Price excludes VAT (USA)
  • Compact, lightweight edition
  • Dispatched in 3 to 5 business days
  • Free shipping worldwide - see info
Hardcover Book USD 129.99
Price excludes VAT (USA)
  • Durable hardcover edition
  • Dispatched in 3 to 5 business days
  • Free shipping worldwide - see info

Tax calculation will be finalised at checkout

Other ways to access

Licence this eBook for your library

Institutional subscriptions

Table of contents (9 chapters)

  1. Front Matter

    Pages i-xix
    Download chapter PDF

  2. Introduction

    • Yeshwant Naik
    Pages 1-26

  3. Interpretative Methods and Judicial Power

    • Yeshwant Naik
    Pages 27-52

  4. The Jurisprudence of Discrimination Against LGBTI Persons: Global Issues and Concerns

    • Yeshwant Naik
    Pages 53-65

  5. Addressing Judicial Activism and Judicial Restraint

    • Yeshwant Naik
    Pages 67-89

  6. Analyzing the Supreme Court’s Verdict on Section 377 of the Indian Penal Code

    • Yeshwant Naik
    Pages 91-105

  7. Law Beyond the Law

    • Yeshwant Naik
    Pages 107-142

  8. Global Discrimination Against Gay Families

    • Yeshwant Naik
    Pages 143-182

  9. Suggestions and Concluding Remarks

    • Yeshwant Naik
    Pages 183-195

  10. Summary and Main Thesis

    • Yeshwant Naik
    Pages 197-200

  11. Back Matter

    Pages 201-221
    Download chapter PDF
Back to top

Keywords

About this book

The book analyses the Indian Supreme Court’s jurisprudence on homosexuality, its current approach and how its position has evolved in the past ten years. It critically analyses the Court’s landmark judgments and its perception of equality, family, marriage and human rights from an international perspective. With the help of European Court of Human Rights’ judgments and international conventions, it compares the legal and social discrimination meted out to the Indian LGBTI community with that in the international arena. 
From a social anthropological perspective, it demonstrates how gay masculinity, although marginalized, serves as a challenge to patriarchy and hegemonic masculinity. This unique book addresses the lack of in-depth literature on gay masculinity, elaborately narrating and analysing contemporary gay masculinity and emerging gay lifestyles in India and highlighting the latest research on the subject of homosexuality in general and in particular with respect to India. It also discusses several new issues concerning the gay men in India supported by the living law approach put forth by Eugen Ehrlich.


Authors and Affiliations

  • Department of Civil Law, Philosophy of Law and Medical Law, University of Muenster, Muenster, Germany

    Yeshwant Naik

Bibliographic Information

Publish with us

Policies and ethics

Back to top

Search

Navigation