Book examines Supreme Court judgements on sex, sexuality, gender - sex and relationships
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Book examines Supreme Court judgements on sex, sexuality, gender – sex and relationships

The Supreme Court has been performing a delicate balancing act between social practices and personal rights since its inception almost 70 years ago, but it has realized the enormous task ahead in relation to issues of sex, sexuality and gender. only in the relatively recent past. says a new book.

“Sex and the Supreme Court: How the Law Upholds the Dignity of the Indian Citizen”, edited by Saurabh Kirpal, attempts to explain and examine the impact the law has had on different aspects of sex, sexuality and gender.

The agency through which this impact has been most clearly felt is the Supreme Court and the book explores the relationship between the law, that is, the Constitution, the rights of an individual and how these rights are enforced by the Supreme Court.

An examination of the nature of the Constitution, and the rights and principles contained in it, reveals that the court has to perform a delicate balancing act between social practices and personal rights, says the book, published by Hachette India.

“The Supreme Court has been carrying out this task since its inception almost 70 years ago. However, it is only in the relatively recent past that he has realized the enormous task ahead in relation to issues of sex, sexuality and gender, ”he says.

On September 6, 2018, the Supreme Court created history by reading Section 377, reversing an archaic law established by the British in 1860 and decriminalizing homosexuality for the first time in modern India.

However, this is not the only ruling that the Supreme Court has issued in recent times defending the rights of a person to their identity and dignity.

From empowering the transgender community and supporting the prevention of sexual harassment of women in the workplace, to protecting the privacy, rights and dignity of women and minorities on issues such as interfaith marriages, entrance to the temple of Sabarimala, the controversial triple talaq and repealing the law of adultery: the supreme court has firmly placed the individual at the center of the constitutional firmament and has set a course for progressive social reform.

The cases that form the subject of this book are the result of the Supreme Court adjudication process. In a way, the court, the Constitution and the judicial decision-making process are inextricably linked.

In this collection of writings, the legal luminaries offer insight into each of these crucial rulings.

Judge MB Lokur writes about issues affecting the transgender community; Judge BD Ahmed clarifies Muslim law in the modern context; and Judge AK Sikri addresses the fundamental concept of dignity, which ties together all the essays in this book.

Some of the better-known names in Indian law – Mukul Rohatgi, Madhavi Divan, Menaka Guruswamy, Arundhati Katju, and Kirpal – offer legal perspectives on trials of sex, sexuality and gender.

Petitioners such as Ritu Dalmia, Keshav Suri and Zainab Patel provide personal accounts of being part of the LGBTQ community in India, while journalist Namita Bhandare gives an account of the fight against sexual harassment.

An unprecedented documentation of the judgments that have set a standard for the rights and freedoms of sexual minorities and women in India, “Sex and the Supreme Court” also reveals the power of the country’s courts to uphold privacy, the dignity and security of its citizens. .

(This story was posted from a cable agency feed with no text changes. Only the title has been changed.)

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