Analyzing the Supreme Court’s Verdict on Section 377 of the Indian Penal Code

Naik, Yeshwant

doi:10.1007/978-3-319-55435-8_5

Cited by 1 publication

(1 citation statement)

References 0 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…The constitutional validity and discriminatory enforcement of Section 377 bears consequences for the LGBTQ community in ways that it does not for heterosexual individuals. Legal recognition and protection of same sex relationships and sexual expression is necessary for the dignity of the LGBTQ community in India as well as for the fulfillment of rights to equality, nondiscrimination, privacy, dignity, health, and freedom of expression as laid down in the Indian constitution and as argued in the Delhi High Court and Supreme Court (Naik, 2017; Rao, 2015). Such consequences impact the legal and physical realities of sexual minorities in India, and it stands to reason that these violations may adversely affect mental health as well.…”

Section: Section 377 As An Instrument Of State Sanctioned Homophobiamentioning

confidence: 99%

Minority stress and well-being under anti-sodomy legislation in India.

Rao

Mason

2018

Psychology of Sexual Orientation and Gender Diversity

View full text Add to dashboard Cite

Anti-lesbian/gay/bisexual/transgender/queer (LGBTQ) public policy has been seen to have an adverse impact on the mental health of gender and sexual minorities (Herek, 2011; Rostosky & Riggle, 2017). An example of such discriminatory legislation is Section 377 of the Indian Penal Code, a law that penalizes nonheteronormative forms of sexual expression and is used to disproportionately target the LGBTQ community in India. As such, Section 377 may serve as a source of minority stress under Meyer’s (2003) minority stress model, which posits that LGBTQ individuals, because of their minority status, are more vulnerable to and have a higher prevalence of mental illness than heterosexual individuals. In response to a dearth of cross-cultural empirical literature on this subject, the present study first explored the relationships among sense of belonging, depression symptoms, sexual identity, and gender in an Indian sample (N = 227). Next, we tested a model derived from minority stress theory in which perceived impact of Section 377 increases depressive symptoms of sexual minorities by increasing concealment stress, leading to a diminished sense of belonging. Analyses revealed significant differences in impact, sense of belonging, and depression symptoms between straight and sexual minority participants, and path analysis showed a good fit of the data to a revised model of minority stress, as influenced by antisodomy legislation. Thus, the present study provides preliminary support for the effect that this legislation may have on those targeted and points to a need for increased mental health and social support for sexual minorities in India.

show abstract

Section: Section 377 As An Instrument Of State Sanctioned Homophobiamentioning

confidence: 99%