Section 377: EPW's Contribution to the Discourse

Here are the articles that the Supreme Court cited in its judgment to decriminalise Section 377. We have taken these articles out of paywall for the next two weeks.

1. In 2008, Animesh Sharma wrote, “The state cannot use its power to punish a particular practice on grounds of immorality only because a majority believe it to be so.” 

 

 

2. Alok Gupta’s 2006 article on #Section377 examined how the idea of consent was not applied to homosexual sex which made it synonymous to rape, and saw homosexuality as perverse. 

 




3. Danish Sheikh’s 2017 article discussed how the Puttaswamy judgment was an important watershed in the history of #LGBTQ rights in India because it acknowledged the “chilling-effect” #Section377 has with regard to constitutional rights.

 



4. For a more comprehensive view about the how thought regarding homosexuality has evolved through the decades in EPW's pages, read Engage’s reading list.

 

 

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