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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.
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Yeshwant Naik Homosexuality in the Jurisprudence of the Supreme Court of India Homosexuality in the Jurisprudence of the Supreme Court of India Yeshwant Naik Homosexuality in the Jurisprudence of the Supreme Court of India Yeshwant Naik Department of Civil Law, Philosophy of Law and Medical Law University of Muenster Muenster, Germany D6 Erster Berichterstatter: Prof. Dr. Thomas Gutmann Zweite Berichterstatterin: Prof. Dr. Bettina Heiderhoff Dekan: Prof. Dr. Janbernd Oebbecke Tag der mu¨ndlichen Pru¨fung: 13.12.2016 Zugl.: Mu¨nster (Westf.), Univ., Diss. der Rechtswissenschaftlichen Fakulta¨t, 2016 ISBN 978-3-319-55434-1 ISBN 978-3-319-55435-8 DOI 10.1007/978-3-319-55435-8 (eBook) Library of Congress Control Number: 2017934920 © Springer International Publishing AG 2017 This work is subject to copyright. All rights are reserved by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, express or implied, with respect to the material contained herein or for any errors or omissions that may have been made. The publisher remains neutral with regard to jurisdictional claims in published maps and institutional affiliations. Printed on acid-free paper This Springer imprint is published by Springer Nature The registered company is Springer International Publishing AG The registered company address is: Gewerbestrasse 11, 6330 Cham, Switzerland Preface This work was accepted by the Faculty of Law, Westfaelische Wilhelms University, Muenster, during Winter Semester 2016. This was within the institutional framework of Cluster of Excellence—Religion and Politics. It was partly funded by Sahodari Foundation and SCHOD Society, Pondicherry, India, and DAAD in association with the Westfaelische Wilhelms University, Muenster. For the social anthropological part of my