Category Archives: 377

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CAN S 377 HELP IN CASES OF MARITAL RAPE?

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Reading Time: 5 minutes

In this blog, we will be exploring the potential unintended consequences of legal reform. In 2018, we finally saw the reading down of Section 377 which criminalised ‘carnal intercourse against the order of nature’. This law was used to persecute the queer community in India, with cases being brought against those who engaged in consensual anal sex, among other things. The reading down means that now two adults can have sex in whatever manner they please and regardless of sexuality and gender as long as it is consensual. This was clearly a step towards justice for LGBTQ folk in the country but has it had an adverse effect on other minoritised groups—for example, has it harmed women’s rights?

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Pramod Kumar Sharma v State of UP and Ors Writ A No. 8399 of 2020

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Reading Time: 2 minutes

The petitioner’s appointment to the post of Home Guard was cancelled after a video of him was made ‘viral’ by someone. From the rudimentary facts that appear in the final judgment, it seems that the petitioner was engaged in public displays of affection with a person of the same sex. When this video was seen by his employer, the District Commandant of the Home Guard, his appointment was cancelled. This cancellation was challenged in the Allahabad High Court and was duly reversed.

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Poonam Rani and Ors. v. State of UP and Ors. Writ C No. 1213 of 2021

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Reading Time: 3 minutes

1.PROTECTION ORDERS

On the 20th of January, 2021, a Division Bench of the Allahabad High Court granted a protection order to two women in a live-in relationship. I have previously argued[1] that protection orders are privacy enhancing tools for queer women and transgender men in live-in relationships. Recorded cases show that live-in relationship related litigation is a unique category of litigation that queer women and transgender women face in the queer community. In this blog, I will discuss why protection orders can be an important legal instrument for queer women in live-in relationships and then specifically discuss the case at hand and the protection order granted therein. Protection orders can be utilized not just by queer couples but more generally by members of the queer community.

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