By Eds: Arvind Narrain & Alok Gupta
Contributed articles: almost about India.
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Additional resources for Law like love : queer perspectives on law
Similarly there were protests in Bangalore, Delhi and Kolkata against police harassment. 46. ), Humjinsi: A Resource Book on Lesbian, Gay and Bisexual Rights in India. Mumbai: India Centre for Human Rights and Law. 47. In 2006, in another incident four gay men were arrested in Lucknow by an entrapment laid by the Police, with false alarms of ‘public sex’ and an ‘online gay group’. There were protests across the Country against the arrests in what came to be known as Lucknow II. See: ‘Rights Groups Protest Gay Arrests’, Indian Express, 13 January 2006.
Shrimoyee Nandini Ghosh shows how approaching the law might get you rights, provided you are less queer and more ‘respectable’. By taking the example of the Constitutional Court of South Africa, she demonstrates that the celebrated jurisprudence on rights of gay and lesbians, despite its novel and progressive notions of dignity and personal autonomy, failed to apply equally to the demand for equality by women in sex work. The notion of equality in Ghosh’s analysis seems to be limited by judicial attitudes to those deemed ‘respectable’.
The Justices concluded that Section 377 infringed on the right to health of LGBT persons because it hampered HIV/AIDS prevention efforts. The Court held that the public’s moral opinions cannot be used as a justification for limiting LGBT persons’ fundamental rights. The Court says: Popular morality or public disapproval of certain acts is not a valid justification for restriction of the fundamental rights under Article 21. Popular morality, as distinct from a constitutional morality derived from constitutional values, is based on shifting and subjective notions of right and wrong.