Sexual Minorities ‘The Invisibles’: Social Morality vs Constitutional Morality

Interconnected Rights

Legalizing Sex ◽

10.18574/nyu/9781479810024.003.0006 ◽

2020 ◽

pp. 127-146

Author(s):

Chaitanya Lakkimsetti

Keyword(s):

Sexual Minority ◽

Social Transformation ◽

Sexual Minorities ◽

Minority Groups ◽

Constitutional Rights ◽

Minority Politics ◽

Challenges And Opportunities ◽

And Gender ◽

Constitutional Morality ◽

Alliance Building

This final chapter focuses on the relationship between rights-based struggles and social transformation goals of sexual minorities. In September 2018, the Supreme Court of India reversed the Koushal judgment and declared Section 377 unconstitutional. This was a huge success for sexual minorities who rallied against the law for almost two decades and saw it as a symbol of state-sponsored homophobia. The two decades of sexual minority politics in India have not only foregrounded sexual orientation and gender identity as important constitutional rights but also strengthened the idea of constitutional morality. Constitutional morality, defined as respecting diversity and difference and protecting the most marginalized sections of the society, has helped sexual minorities to fight a growing populist morality that quintessentially defines India as Hindu and heteronormative. These successes also indicate that biopolitical mandates can be strategically used to fight popular morality and norms. In addition, by articulating sexual rights as interconnected with other social justice goals, sexual minorities in India also showcase the importance of intersectional struggles. The conclusion also touches upon challenges and opportunities for alliance building across sexual minority groups.

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The Marriage Law Amendment Bill, 2010: Through a Gendered Lens

10.55012/acadsa.2022.1.1.10 ◽

2022 ◽

pp. 91-99

Author(s):

TAHA HAJARA MUHAMMAD

Keyword(s):

Legal System ◽

Good Life ◽

Marriage Law ◽

Social Morality ◽

Equal Right ◽

Constitutional Morality

India has taken a big step in the year 2005 by amending the Hindu Marriage Act, 1955, giving women the equal right of inheritance as their male siblings. However, there remains a loophole where women are still marginalized when it comes to the division of property; the division of matrimonial property after separation. It is observed that divorce leads to women facing several hurdles starting from the legal system to their natal homes; the conditions are not suitable for women to have a good life after divorce due to loopholes in the legal system in India. Due to these issues faced by women, they are forced to stay loyal to their exploitative marriage for the rest of their lives. The introduction of the Marriage Law Amendment Bill of 2010, which eases the laws on divorce, brings further problems for women as they subjected to a rough legal system that upholds social morality over constitutional morality.

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