Crystallising Queer Politics- The Naz Foundation Case and Its Implications for India’s Transgender Communities
Volume 2 Issue 3 (2009)
In this paper, it has been argued that the Naz Foundation judgment extends beyond the mere reading down of Section 377 of the Indian Penal Code and provides the plinth for elimination of all forms of discrimination against persons, not merely on the basis of their sexual orientation but also their gender identity. A close reading of the judgment along with the sources and affidavits that the courts have relied on to come to their decision makes it abundantly clear that the Naz Foundation decision has direct implications for hijras, kothis, FTMs, MTFs, transsexuals and intersexed persons. The use of the Yogyakarta Principles and the extension of recognition to the concept of decisional privacy by the judges go a long way in striking at the roots of homophobia and gender identity-based discrimination. Through the discussion of identity politics, references to instances of harassment faced by all the above mentioned communities and the expansion of notions of equality, autonomy and privacy to embrace both sexual orientation and gender identity, the judgment is truly a landmark in the realm of transformative remedies that forms the essence of queer politics.