ADOPTING A DEMOSPRUDENTIAL APPROACH FOR THE EMPOWERMENT OF SEXUAL SUBALTERNS IN INDIA: IMPERATIVES AND IMPEDIMENTS

Abstract

At a time when countries across the globe are increasingly recognizing the importance of accepting alternative sexuality as a manifestation of human diversity, sexual subalterns continue to remain culturally fragmented, economically confounded and socially sequestered in a country that has traditionally been hailed as a gold standard in diversity. The term „sexual subalterns‟, coined by Ratna Kapur, refers to all groups that can be characterized as sexual minorities in India.233 This article uses this term, instead of the more commonly used „LGBTs‟ in recognition of the fact that the term „LGBTs‟ does not fully capture the diversity that exists within sexual minorities. In India, which is home to one of the world‟s largest LGBT populations, estimated to be between 50 and 100 million,234 alternative sexuality is widely viewed as a disease which must be cured; a vice which must be curbed. Against this backdrop, this article explores how Lani Guinier and Gerald Torres‟ theory of demosprudence can pave the way for a transition from criminalization and legal prohibition of homosexuality to the creation of a societal and legal framework that recognizes and protects the dignity of sexual subalterns. More specifically, it examines how the strategic use of a distinct identity through the use of democracy-enhancing tools, such as organizing mass mobilization efforts and citizen-driven movements, coupled with a push for wider citizenship, can fundamentally transform unfair and unequal laws and societal perceptions in ways that purely court-based strategies simply cannot.