Transformative Constitutionalism and the Decriminalisation of the Right to Love (Public Lecture as a part of Changing India Series delivered on 24 September 2018)

Narrain, Arvind (2018) Transformative Constitutionalism and the Decriminalisation of the Right to Love (Public Lecture as a part of Changing India Series delivered on 24 September 2018). [Audio] (Unpublished)

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Abstract: The decision on 6th of September 2018 in Navtej Singh Johar v. Union of India which struck down the 1860 law criminalizing the lives of LGBT persons marked a historic victory for a vibrant and vociferous LGBT movement. For over seventeen years the movement had been demanding the repeal of Section 377 of the Indian Penal Code. This talk will trace out the implications of some of the key concepts expounded in the judgment. The key ideas which animate the judgment are rooted in the notion of ‘constitutional morality’ as advocated by Ambedkar and reemphasize the important idea that the Indian Constitution is a ‘transformative constitution’. If this way of thinking, rooted as it in the struggle against the forms of discrimination perpetrated by a conservative social morality becomes more widely accepted India will be less of a majoritarian democracy and more of a constitutional democracy.
Item Type: Audio
Additional Information: Arvind Narrain is a Human Rights Lawyer, Activist and Writer
Subjects: NIAS Resources > Lectures-Audio
Date Deposited: 29 Jan 2019 06:22
Last Modified: 29 Jan 2019 06:33
Official URL:
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    Funders: UNSPECIFIED
    Projects: UNSPECIFIED
    URI: http://eprints.nias.res.in/id/eprint/1519

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