By Shreyas Sinha Introduction It has been 27 years since the Indian Supreme Court’s judgement in Vishaka v. State of Rajasthan [1] and 11 years since the enactment of the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (‘POSH Act’). However, workplace sexual harassment mitigation (‘WSH’) remains marred by several failures, … Continue reading De-gendering Workplace Sexual Harassment
Category: Law and Sexuality
Surpassing Tradition: Law as an Agent of Acceptance
By Bratati Lahiri Introduction Following the decriminalisation of homosexuality, numerous petitions nationwide sought legal recognition of same-sex marriage. Supriyo v. Union of India[1] consolidated twenty petitions from same-sex couples, transgender individuals, and LGBTQIA+ advocates, challenging the marriage laws.[2] These petitions are of particular importance as they noted that simply removing laws that criminalise homosexuality does … Continue reading Surpassing Tradition: Law as an Agent of Acceptance
Critiquing the Regulations for Female Inter-Sex Athletes in Sports Competitions: an Indian Perspective
By Abhinav Gupta Introduction Rules and regulations of sports competitions separate participants into various categories and prevent them from competing against participants from other categories in competitions and events. For instance, participants are segregated in boxing and wrestling on the basis of their weight and competitions at junior levels are segregated on the basis of … Continue reading Critiquing the Regulations for Female Inter-Sex Athletes in Sports Competitions: an Indian Perspective
Promoting Equal Citizenship in All its Manifestations: A Case for Inclusive Inheritance Rights for Transgender Persons
By Keshab Roy Choudhury Introduction The Transgender Persons (Protection of Rights) Act 2019 was enacted by the Legislature to protect the rights and welfare of trans persons in line with the Supreme Court’s (‘SC’) decision in National Legal Services Authority (NALSA) v Union of India.[1] Briefly, the Court in NALSA unequivocally held that the non-recognition … Continue reading Promoting Equal Citizenship in All its Manifestations: A Case for Inclusive Inheritance Rights for Transgender Persons
Breaking the Gender Binary: A Call for Inclusion in India’s Abortion Laws
By Shamik Datta and Trisha Choudhary Introduction Abortion laws have been prevalent as a part of popular discourse in the recent past, with several countries, including India, amending or creating abortion laws and respecting abortion rights. India has been in the process of amending[1] its abortion act, the Medical Termination of Pregnancy Act of 1971 … Continue reading Breaking the Gender Binary: A Call for Inclusion in India’s Abortion Laws
The Marginalised of The Marginalised: The Troubles Of The Transgender Community During COVID-19
By Aradhana Parmeshwar and Nimisha Nagpal Introduction India houses approximately 5 lakh transgender people.[1] However, to most in our country they remain just a statistic, excluded from mainstream society. Their skewed portrayal by society and a refusal to accord them equal status with cis-gendered citizens as a result of their non-conformity to the traditional gender … Continue reading The Marginalised of The Marginalised: The Troubles Of The Transgender Community During COVID-19
Interview Series 07 – Reforms in Legal Education : In Conversation with Danish Sheikh
(This is the seventh in the series of Interviews that JILS will publish as part of its Interview Series on Reforms in Legal Education) Danish Sheikh is a PhD Candidate at the Melbourne Law School and a member of the Institute for International Law and the Humanities. His research is located at the intersections … Continue reading Interview Series 07 – Reforms in Legal Education : In Conversation with Danish Sheikh
Interview Series 03 – Reforms in Legal Education : In conversation with Prof. (Dr.) Swethaa S. Ballakrishnen
(This is the third in the series of Interviews that JILS will publish as part of its Interview Series on Reforms in Legal Education) Professor (Dr.) Swethaa S. Ballakrishnen is an Assistant Professor of Law, and of Sociology, Asian American Studies and Criminology, Law and Society at the University of California Irvine. They are also … Continue reading Interview Series 03 – Reforms in Legal Education : In conversation with Prof. (Dr.) Swethaa S. Ballakrishnen
Stealthing : A Hidden Face of Sexual Assault
By Shubham Gupta Introduction Recently, in the episode of BBC’s daily soap “I may destroy you” an unknown phenomenon was highlighted where Arabella (Michaela Coel) slept with a man who out of fun removed the condom in the middle of the sexual intercourse. The serial though highlighted such new apprehension of sexual consent, later … Continue reading Stealthing : A Hidden Face of Sexual Assault
‘Forced Conversion Therapy’ in India: Legality in Question
By Shivani Singh Even after two years of the 2018 Supreme Court judgment in Navtej Singh Johar v. Union of India[1] (herein referred as “Navtej Singh Johar case”) that decriminalized Section 377 of Indian Penal Code[2], putting an end to criminalization of homosexuality, the death of Anjana Hareesh alias Chinnu Sulfikar, a 21-year-old … Continue reading ‘Forced Conversion Therapy’ in India: Legality in Question
