Privacy in Public Places: The Transformative Potential of Navtej Johar v. Union of India

Sheikh, Danish

doi:10.2139/ssrn.3896689

Cited by 2 publications

(1 citation statement)

References 0 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…Danish Sheikh discusses the potential of Navtej to involve privacy as a route to transform the public sphere, by extending the ambit of queer self-identification, expression, and personal intimacy beyond the four walls of the home (Sheikh 2019 ). He indicates that the need for a “right to sexual privacy” in the judgment acknowledged a sheer lack of privacy among the dispossessed queer person currently trapped in violent and heteronormative ‘homes’ and ‘families’.…”

Section: Constitutional Cases For Queer Domesticitiesmentioning

confidence: 99%

The Regulation, Reclamation, and Resistance of Queer Kinship in Contemporary India

Sinha

2022

Fem Leg Stud

View full text Add to dashboard Cite

Since 2014, two legislative actions, the Transgender Persons (Protection of Rights)Act 2019, and the Draft Trafficking in Persons (Prevention, Care and Rehabilitation) Bill 2021, have been pivotal in re-inscribing the Indian state’s colonial policing of queer kinship networks. By criminalising relationalities outside the heteropatriarchal conjugal home, the sexual subaltern is exposed to the state’s mechanisms of rescue and rehabilitation. These developments have occurred alongside the constitutional recognition of privacy in K.S. Puttaswamy v. Union of India (2017) 10 SCC 1 and the decriminalisation of the anti-sodomy law in Navtej Johar v. Union of India 2018 (10) SCALE 386 which have been celebrated as victories of self-determination and dignity for queer kinship. These judicial pronouncements, although symbolically pertinent, fail to materially protect queer kinship, and with the contemporary advocacy around queer marriage, the need for legal and cultural recognition has obfuscated the substantive needs of pre-existing queer alliances. Queer communities continue to organise for their own emancipation and despite their vulnerability, queer visibility offers a public counter-narrative of resistance and survival against the brutalities of society and the state.

show abstract

Section: Constitutional Cases For Queer Domesticitiesmentioning

confidence: 99%

The Regulation, Reclamation, and Resistance of Queer Kinship in Contemporary India

Sinha

2022

Fem Leg Stud

View full text Add to dashboard Cite

show abstract

Upholding Judicial Independence through the Practice of Judicial Activism in Constitutional Review: A Study by Constitutional Judges

Ardhanariswari,

Nursetiawan,

Amalia

et al. 2023

volksgeist

View full text Add to dashboard Cite

The practice of judicial activism, though not formally defined within the jurisdiction of the Constitutional Court (MK), is implicitly recognized as an integral element of independent judicial power. The importance of this independence is underscored as a fundamental necessity for the preservation of law and justice. This research utilized a normative juridical methodology, incorporating conceptual, comparative, and case-based analysis. The study findings reveal that judicial activism, as practiced within the Constitutional Court, is underpinned by independent judicial authority. Moreover, this practice aligns with the tenets of progressive legal doctrines, which not only acknowledge the significance of codified legal provisions but also endorse legal innovations for the pursuit of justice. The practice of judicial activism within the Constitutional Court is indispensable for reinforcing the principle of checks and balances. The subjective and abstract nature of judicial activism, however, necessitates objective validation through the principle of virtue jurisprudence.

show abstract

Privacy in Public Places: The Transformative Potential of Navtej Johar v. Union of India

Cited by 2 publications

References 0 publications

The Regulation, Reclamation, and Resistance of Queer Kinship in Contemporary India

The Regulation, Reclamation, and Resistance of Queer Kinship in Contemporary India

Upholding Judicial Independence through the Practice of Judicial Activism in Constitutional Review: A Study by Constitutional Judges

Contact Info

Product

Resources

About