On September 6, 2018, at 12:12 p.m., a significant milestone was reached in India when the Supreme Court struck down Section 377, an outdated law that criminalized homosexuality, marking the beginning of a new era for LGBTQ+ rights and reflecting the judiciary’s broader commitment to uphold individual dignity and identity. Sex and the Supreme Court is a singular and significant book that throws light on the landmark judgements passed by the Supreme Court of India on sex, sexuality and gender, written by the legal luminaries and petitioners at the heart of the cases and edited by Saurabh Kirpal.” Sex and the Supreme Court, edited by Saurabh Kirpal, offers a profound exploration of these legal milestones, illustrating how India’s highest court has emerged as a staunch defender of rights concerning sex, gender, and personal freedoms. The book delves into various critical issues, including transgender rights, interfaith marriages, and the empowerment of women against workplace harassment. Through insightful essays, it highlights the transformative power of law in fostering societal progress and promoting inclusivity, making it an essential read for anyone interested in the ongoing struggle for rights and dignity in India.
What sets Sex and the Supreme Court apart is its combination of expert legal analysis and deeply personal narratives. Edited by Saurabh Kirpal, this collection brings together contributions from renowned legal luminaries like Justice A.K. Sikri, Justice M.B. Lokur, and Menaka Guruswamy. Through their essays, the book unpacks the concept of dignity, which serves as the foundation for many progressive rulings. Additionally, petitioners like Ritu Dalmia and Zainab Patel share their lived experiences as part of the LGBTQ+ community, providing readers with intimate perspectives on the impact of these rulings. This blend of scholarly insight and heartfelt storytelling makes Sex and the Supreme Court a unique and powerful read.
The book also delves into other groundbreaking cases, such as the decriminalization of adultery, the verdict on triple talaq, and the fight for women’s right to enter religious spaces like the Sabarimala temple. By addressing these issues, Sex and the Supreme Court not only documents the legal victories of marginalized communities but also illustrates the judiciary’s role in challenging patriarchal and regressive norms. These rulings collectively reaffirm the importance of the Indian Constitution as a living document committed to equality and justice.
Sex and the Supreme Court is more than just a compilation of essays; it is a testament to the evolving jurisprudence of India, offering hope for a more inclusive and dignified society. Whether it is through Justice B.D. Ahmed’s examination of Muslim law or journalist Namita Bhandare’s poignant account of the battle against workplace sexual harassment, the book provides a comprehensive view of how the Supreme Court has championed the rights of individuals. For anyone interested in understanding the intersection of law, gender, and identity in India, Sex and the Supreme Court is an essential read.
Availability and Detail of Book
Sex and the Supreme Court: How the Law is Upholding the Dignity of the Indian Citizen by Saurabh Kirpal was published by Hachette India on 1 January 2022. The paperback edition, consisting of 352 pages, is priced at ₹389, making it an accessible option for those who prefer physical copies. The Kindle edition, priced at ₹324, is perfect for digital readers seeking convenience and portability. For collectors or readers who value premium editions, the hardcover is available at ₹1483, offering a durable and elegant option. This book can be purchased online from platforms like Amazon and Flipkart or at leading bookstores. The availability of multiple formats ensures that readers can choose their preferred medium, whether it is the eco-friendly digital version, the affordable paperback, or the timeless hardcover, to delve into the thought-provoking essays and narratives that explore the intersection of law, dignity, and societal progress.
Themes Explored in Sex and the Supreme Court
- Sex, Identity, and the Law: At the heart of Sex and the Supreme Court, edited by Saurabh Kirpal, is the relationship between the law and individual dignity. The book begins with an insightful overview of the battle against Section 377, tracing its roots back to the 1994 efforts by AIDS Virodhi Bhedbhav Andolan (AVBA) and culminating in the historic judgment of September 6, 2018. Through his essay, Kirpal highlights how the judiciary has progressively expanded constitutional morality to protect individuals’ rights, emphasizing that the Constitution is a living document. By addressing legal milestones like Section 377 and the Transgender Persons’ Act, Sex and the Supreme Court underscores the constant negotiation between tradition and progress.
- Sex and the Workplace: Namita Bhandare’s essay, “The Beast in Our Midst,” stands out as a powerful account of the MeToo movement in India. She captures the struggles women face in workplaces rife with harassment, citing well-known cases such as those involving M.J. Akbar and Tarun Tejpal. Despite public outrage and increased awareness, Bhandare observes that workplaces still trivialize gendered harassment. Her essay, included in Sex and the Supreme Court, emphasizes the urgent need for systemic change to ensure equal rights and dignity for all employees.
- Sex and Marriage: Through essays like “Love and Marriage,” the book delves into the evolving dynamics of marital rights in India. Editor Saurabh Kirpal provocatively argues that Sex and the Supreme Court serves as a call for the legalization of same-sex marriages, which he views as a constitutional necessity rooted in the principles of autonomy and dignity. While Kirpal sees marriage as an expression of personal liberty, Menaka Guruswamy and Arundhati Katju critique the institution, questioning its socio-political implications. This nuanced exploration of marriage in Sex and the Supreme Courtreflects the judiciary’s grappling with progressive ideals and entrenched societal norms.
- Sex and Society: The essays in Sex and the Supreme Court also tackle the intersection of societal norms and constitutional rights. Madhavi Divan’s writing on triple talaq and Mukul Rohatgi’s reflections on the Sabarimala case illustrate the tension between religious practices and individual freedoms. While Divan critiques patriarchal justifications in Muslim personal law, Rohatgi presents a controversial defence of unique temple practices. These essays highlight the judiciary’s complex role in mediating between cultural traditions and constitutional morality, as emphasized throughout this book.
- Personal Narratives of Legal Battles: The inclusion of personal accounts from petitioners like Ritu Dalmia, Keshav Suri, and Zainab Patel adds a deeply human element to the legal discussions. These stories highlight the courage and resilience of individuals fighting for LGBTQ+ and minority rights, emphasizing the real-life impact of landmark judgments.
- Sexual Liberty and Queer Rights: One of the book’s most compelling sections explores the rights of LGBTQ+ individuals. Contributors like Keshav Suri and Zainab Patel share personal experiences of fighting for queer rights, emphasizing the journey from marginalization to inclusion. Patel’s essay critiques the 2019 Transgender Persons’ Act as tokenistic, while Suri recounts LaLit’s efforts to create an inclusive workplace. The essays collectively affirm that Sex and the Supreme Court celebrates not just legal victories but also the courage of individuals and communities striving for equality.
- Dignity as a Legal Pillar: Justice A.K. Sikri concludes the anthology with a thought-provoking essay on the growing significance of dignity jurisprudence. He asserts that dignity lies at the heart of human rights and must guide the judiciary in its rulings. Sex and the Supreme Court repeatedly emphasizes how Indian courts have used the principle of dignity to expand the scope of constitutional protections, making it a central theme of the book.
These themes of Sex and the Supreme Court highlights its broad thematic exploration of sex, gender, and individual rights within India’s legal scene. The book is a must-read for anyone seeking to understand the transformative power of law in upholding dignity and equality in a rapidly evolving society.
Reviews and Praise for the Book
“Sex and the Supreme Court is an important contribution towards understanding the role of the Supreme Court as an agent of social change in the context of its decisions on gender and sexuality.” – Telegraph
“Lucidly written and with little legal jargon to impede the non-initiated reader, the book shines because Kirpal takes pains to set up the broad points of the law, what’s at stake and the delicate balancing act that is required of judges when deciding on questions of rights and community, and on religious edicts vs individual freedoms or autonomy.” – Hindustan Times
“Some of the articles emerge as powerful stories that help the reader go along on a corporeal and emotional journey from uncertainties to celebrations, and are not just absorbing and amusing, but also stimulating, stirring and thought-provoking. A must-read book.” – Tribune
“Chef Ritu Dalmia on being a lesbian in India and what freedom means without the freedom to love equally.” This quote highlights reflection on the challenges of being a lesbian in India, emphasizing that true freedom is incomplete without the fundamental right to love equally.
“Former Supreme Court of India judge Justice M.B. Lokur on transgender rights and the acknowledgment of gender identity.” This line focus on the importance of recognizing transgender rights and affirming individuals’ gender identity as a fundamental aspect of equality and justice.
Petitioners such as celebrity chef and author Ritu Dalmia and five-star hotelier Keshav Suri have contributed personal narratives on their experiences around the laws, enriching the book’s exploration of the intersection of law and personal identity.
Why Buy and Read Sex and the Supreme Court
Sex and the Supreme Court: How the Law is Upholding the Dignity of the Indian Citizen is a compelling anthology edited by Saurabh Kirpal, a senior advocate at the Delhi High Court and an LGBTQ rights activist. This book is a collection of essays written by legal luminaries and activists, focusing on the transformative role of the Supreme Court in addressing issues of gender, sexuality, and individual dignity. The opening line, “The law is ubiquitous”, immediately captures the reader’s attention, setting the tone for an enlightening exploration of legal and social change.
This book is essential reading for anyone interested in understanding how landmark judgments have shaped the rights of the LGBTQ+ community, the decriminalization of homosexuality, Muslim women’s rights regarding triple talaq and property inheritance, protection against sexual harassment, and much more. Its inclusivity resonates deeply with readers, especially those connected to diverse communities, making it not just informative but also emotionally impactful.
With essays that highlight the Supreme Court’s role as a progressive force in modern India, this book is a must-read for students, legal professionals, human rights activists, and anyone who believes in equality and justice. By purchasing Sex and the Supreme Court, readers invest in a profound understanding of how the judiciary is leading societal reform, ensuring that dignity and rights are preserved for all individuals.
Final Thought
Sex and the Supreme Court: How the Law is Upholding the Dignity of the Indian Citizen is a groundbreaking anthology that captures the essence of India’s evolving judicial system. Edited by Saurabh Kirpal, the book not only documents pivotal Supreme Court rulings on issues of sex, gender, and individual rights but also provides an in-depth understanding of how these decisions have reshaped societal norms.
Through powerful essays by legal luminaries and personal accounts from petitioners, the book highlights the Indian judiciary’s commitment to upholding the constitutional principles of dignity, equality, and personal freedom. It offers readers a nuanced perspective on how progressive judgments have challenged entrenched prejudices, empowered marginalized communities, and fostered inclusivity.
This collection is not just a record of legal victories but also a beacon of hope for a more equitable future. It underscores the transformative role of the judiciary in bridging the gap between constitutional ideals and societal realities, making it an essential read for anyone interested in the intersection of law, human rights, and social justice.
