Adopting Demosprudential Approach for the Empowerment of Sexual Subaltern in India

  • Sabrina Bath and Poorva Pandey
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  • Sabrina Bath

    Student at Symbiosis Law School, Pune, India

  • Poorva Pandey

    Student at Symbiosis Law School, Pune, India

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The concept of demosprudence is the new wave for the social reform through legal means. The countries across the globe have started recognising the third gender and other sexual orientations. Sexual subalterns continue to be culturally and socially fragmented in a diverse nation like India. This paper aims at discussing the transformative constitutionalism through the demosprudence. The long journey of the battle against Section 377 and its decriminalisation can be seen as a direct result of LGBTQ activism in India. The movement has created awareness among the masses and impacting the role of the judiciary. This paper aims at looking at the struggle of the LGBTQ community in India and how this movement gained momentum resulting into a legal and social change. Against this backdrop this paper highlights how the theory of demosprudence has helped in transitioning the criminalisation of homosexuality to creating a more inclusive societal and legal environment and framework that aims at protecting the rights and dignity of the sexual subalterns. Demosprudence reflects on the legitimizing consequences of political intervention to bring about changes in government, law, and culture. While democratic transparency involves citizen movements mobilized to impact a particular election, distinct legislation, or a judicial decision as a normative matter, we concentrate on the relationship between legislation and common, purposeful mobilizations that pursue meaningful social welfare, economic or political that is truly sustainable. It aims to recognize, examine, and track all social movements that enhance our political system's current democratic capacity and do so in a manner that creates meaningful social and legal reform.


Research Paper


International Journal of Legal Science and Innovation, Volume 3, Issue 3, Page 839 - 857


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