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Article
The Case for Repeal of India's Sodomy Law
South Asia: Journal of South Asian Studies (2010)
  • Yuvraj Joshi, University College London
Abstract

This Article surveys some of the arguments for and against the repeal of India’s sodomy law. The first part analyses s.377 of the Indian Penal Code and considers its consequences for India's gay, lesbian, bisexual, transsexual, hijra and kothi persons. The second part provides an overview of the various theoretical and political positions taken in the sodomy law debate. The third part examines the rights-based arguments that have been made in support of repealing or reading down s.377, and the feminist and queer critiques of these arguments. The fourth part considers the arguments against the repeal that have been put forward by India’s political and religious Right. The article concludes that s.377 should be repealed.

Keywords
  • India,
  • sodomy law,
  • section 377,
  • decriminalization,
  • gay rights
Publication Date
July 12, 2010
Citation Information
Yuvraj Joshi. "The Case for Repeal of India's Sodomy Law" South Asia: Journal of South Asian Studies Vol. 33 Iss. 2 (2010)
Available at: http://works.bepress.com/yuvrajjoshi/1/