ISSN (Print) - 0012-9976 | ISSN (Online) - 2349-8846

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Entangled Histories

The past few decades of postcolonial feminist scholarship have witnessed a veritable explosion of critical thought on the discourse of the law and its varied instantiations. Within these writings, the story of the law emerges equally as a site of ongoing peril and as a space of possible reform. Feminist scholars seem to be caught in a perpetual agon: even as postcolonial legal systems are tainted legacies of a colonial past, these very systems need to be mobilised to ensure a new language of rights. Recent debates in gender and sexuality have further challenged feminist legal scholarship to imagine the law as a transformative home, if you will, for communities that have traditionally been excluded, or rendered aberrant within structures of legal representation. The most obvious and divisive case in point is the failed (and continuing) effort to repeal Section 377 of the Indian Penal Code, a repeal that would decriminalise same-sex conduct, and acknowledge sexual orientation as a subjectivity.


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