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The Urban Elite v. Union of India: The Unfulfilled Constitutional Promise of Marriage (In)Equality
What does it mean to be a queer lawyer? How should social impact and public interest legislation be undertaken? Is the legal profession a safe space for queer lawyers? What goes through the mind of a queer lawyer when homophobia is masqueraded as a legal argument?
Rohin Bhatt was studying law at the Gujarat National Law University when the Supreme Court gave its landmark judgment in Navtej Singh Johar & Ors. v. Union of India. The apex court was asked to determine the constitutionality of Section 377 of the Indian Penal Code, a colonial-era law which, among other things, criminalized homosexual acts as an ‘unnatural offence’. The verdict changed the lives of the LGBTQIA+ community in India, with activists and lawyers outside the court cheering as the news broke. But five years later, little has changed on the ground.
The Urban Elite versus Union of India is a first-of-its-kind book on queer rights not just of the courtroom, but of the author’s own life. In this book, they present the legal history of the fight for the decriminalization of Section 377, the arguments of the petitioners pushing for their right to marry (and the vicious opposition) and to have families of their own, as well as a story from the frontlines of litigating queer rights by a queer person that presents their own perspective of what it is like to be both personally and professionally involved in a case that had the potential to change the social fabric of this country forever.
Rohin Bhatt was studying law at the Gujarat National Law University when the Supreme Court gave its landmark judgment in Navtej Singh Johar & Ors. v. Union of India. The apex court was asked to determine the constitutionality of Section 377 of the Indian Penal Code, a colonial-era law which, among other things, criminalized homosexual acts as an ‘unnatural offence’. The verdict changed the lives of the LGBTQIA+ community in India, with activists and lawyers outside the court cheering as the news broke. But five years later, little has changed on the ground.
The Urban Elite versus Union of India is a first-of-its-kind book on queer rights not just of the courtroom, but of the author’s own life. In this book, they present the legal history of the fight for the decriminalization of Section 377, the arguments of the petitioners pushing for their right to marry (and the vicious opposition) and to have families of their own, as well as a story from the frontlines of litigating queer rights by a queer person that presents their own perspective of what it is like to be both personally and professionally involved in a case that had the potential to change the social fabric of this country forever.
288 pages, Paperback
Published October 15, 2024
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Displaying 1 - 3 of 3 reviews
December 1, 2024
Deeply moved by the book of Rohin Bhatt. As much as it is a legal analysis of the Marriage Equality case, it is also a personal reflection of the trauma & anguish as a queer person, & the sense of betrayal felt at the verdict -“judicial punch in the gut”. Do read, build empathy.
January 2, 2025
The author, Rohin Bhat is a queer, non-binary lawyer who practices in the Supreme Court, and who’s work has spanned activism not just in the courtroom but also outside it. As a part of the legal team of one of the petitioners in the marriage equity case, Supriyo Chakraborty v. Union of India, they were present in the courtroom while both sides presented their arguments, and also when the bench delivered the verdict.
For the most part they maintain their professional detachment while describing the arguments presented by the court and the fault lines that were exposed during some of the pronouncements. However, they are not afraid to expose their emotions when the arguments get bigoted. When they say that the Supriyo Chakraborty judgement was a “judicial punch in the gut of the queer movement”, you almost recoil from the power of the punch yourself.
The author does quote extensively from the arguments made in court and from previous judgements, and some of the legal terminology could make it hard for a person without a legal background to follow. However, the author also explains the essence of the arguments in language that a lay person can understand. They are also unafraid to display their own emotions, which makes the book far more powerful than a clinical account by an outsider could have been.
I received a review copy. This is my honest review: https://www.youthkiawaaz.com/2024/11/...
For the most part they maintain their professional detachment while describing the arguments presented by the court and the fault lines that were exposed during some of the pronouncements. However, they are not afraid to expose their emotions when the arguments get bigoted. When they say that the Supriyo Chakraborty judgement was a “judicial punch in the gut of the queer movement”, you almost recoil from the power of the punch yourself.
The author does quote extensively from the arguments made in court and from previous judgements, and some of the legal terminology could make it hard for a person without a legal background to follow. However, the author also explains the essence of the arguments in language that a lay person can understand. They are also unafraid to display their own emotions, which makes the book far more powerful than a clinical account by an outsider could have been.
I received a review copy. This is my honest review: https://www.youthkiawaaz.com/2024/11/...
This entire review has been hidden because of spoilers.
February 16, 2025
Little great about this book, except for the fact that it proclaims queer liberation among its chief aims. The analysis is missing to derivative, and the insights quite misplaced.
Displaying 1 - 3 of 3 reviews