Faculty members cited in landmark ruling of the Indian Supreme Court decriminalising homosexual conduct.

Associated people

Associate Professor, Tarun Khaitan and Professor John Gardner have been cited in a landmark ruling by the Indian Supreme Court which decriminalises homosexual conduct.

Section 377 of the Indian Penal code Section 377, introduced in 1861, criminalized sexual activities "against the order of nature".  The Supreme Court of India earlier this month overturned Section 377 on the grounds that a person's sexual orientation is something over which they have no control.

Photograph of John Gardner
John Gardner's work On the Ground of Her Sex (uality)  (18(2) Oxford Journal of Legal Studies (1998)) and Tarun Khaitan's works Inclusive Pluralism or Majoritarian Nationalism: Article 15, Section 377 and Who We Really Are (Indian Constitutional Law and Philosophy (2018)) and Reading Swaraj into Article 15: A New Deal For All Minorities, (2(3) NUJS Law Review (2009)) were cited in the judgement.