© 2017

Homosexuality in the Jurisprudence of the Supreme Court of India


Table of contents

  1. Front Matter
    Pages i-xix
  2. Yeshwant Naik
    Pages 1-26
  3. Yeshwant Naik
    Pages 27-52
  4. Yeshwant Naik
    Pages 107-142
  5. Yeshwant Naik
    Pages 143-182
  6. Yeshwant Naik
    Pages 183-195
  7. Yeshwant Naik
    Pages 197-200
  8. Back Matter
    Pages 201-221

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.


Sexuality Marriage Gender Family Indian Supreme Court LGBT India Anthropology Discrimination European Court of Human Rights Gay masculinity Eugen Ehrlich Human rights Gay rights Masculinity LGBTI Sexual identity Queer studies

Authors and affiliations

  1. 1.Department of Civil Law, Philosophy of Law and Medical LawUniversity of MuensterMuensterGermany

Bibliographic information