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Abstract
What is the relationship between global struggles over ‘sexual orientation’ and human rights, and sociological, legal and ‘queer’ understandings of sexuality and childhood? On 2 July 2009, the struggle in India to end the criminalisation of adult same-sex sexual behaviour by Section 377 of the Indian Penal Code, a legacy of the British Empire, achieved a landmark victory. The Delhi High Court ruled in favour of a petition by the Naz Foundation, supported by the Voices Against 377 coalition, to decriminalise oral and anal sex in private for adults. The analysis presented here argues that not only the chief justice who made the ruling, but also many campaigners in favour of the petition, strategically invoked a definition of childhood which is colonial in origin. This was problematically articulated in relation to sexual acts other than heteronormative intercourse, together with Indian constitutional rights, international human rights and ‘children's rights’ which facilitate ‘protection’ from unlawful sexual activity by adults – thus proscribing many young people's sexual lives.
Acknowledgements
The author would like to thank the two reviewers of this study for excellent insightful comments. I would also like to acknowledge and thank the organisers of the Sexuality and Rights Alumni Institute organised by TARSHI and CREA which I attended in Khandala in India in 2008, particularly to the leaders of TARSHI, CREA and the Institute (Radhika Chandiramani, Geetanjali Misra, and Pramada Menon); and faculty and participants for the excellent intellectual engagement which has informed the analysis here (especially Arvind Narrain, Siddarth Narrain, Ruth Vanita, Shohini Ghosh, Geeta Patel, and Veronica Magar), although the faults remain my own.
Notes
High Court of Delhi at New Delhi Naz Foundation v. Government of NCT of Delhi and Others, 2 July 2009, WP(C)7455/2001, http://www.iglhrc.org/binary-data/ATTACHMENT/file/000/000/274-1.pdf (accessed March 23, 2010); IGLHRC, ‘India: Section 377 and Naz Foundation (India) Trust v. Government of NCT India’, 2009, http://ihrc.digitopia.net/cgi-bin/low/article/takeaction/resourcecenter/930.html (accessed October 29, 2009).
High Court of Delhi of Delhi at New Delhi, Writ Petition (C) No. 7455 OF 2001, http://www.lawyerscollective.org/sites/default/files/written%20submissions%20by%20Petitioner.doc (accessed June 27, 2010); Naz Foundation India Trust, http://www.nazindia.org/index.htm (accessed March 23, 2010).
High Court of Delhi at New Delhi, Extra Ordinary Original Writ Jurisdiction CM No…of 2006 in Civil Writ Petition No. 7455/2001: Application For Impleadment Under Order 1 Rule 10 And Rule 8A CPC Read With Section 151 CPC and Under Article 226 Of Constitution; Voices Against 377, Rights For All: Ending Discrimination Against Queer Desire Under Section 377 – A Compilation by Voices Against 377, 3rd ed. (New Delhi: Voices Against 377, 2005; for copies contact Nirantar, A Centre for Gender and Education, B-64, 2nd Floor, Sarvodaya Enclave, New Delhi); A. Narrain and G. Bhan, eds, Because I Have a Voice: Queer Politics in India (New Delhi: Yoda Press, 2005); Voices Against 377, http://www.voicesagainst377.org/ (accessed April 5, 2010).
IGLHRC, ‘India: Government Defers Decision on 377 to Supreme Court’, 2009, http://www.iglhrc.org/cgi-bin/iowa/article/takeaction/resourcecenter/974.html (accessed October 29, 2009).
Government of India/Ministry of Law and Justice, The Constitution of India (as modified up to 1 December 2007), http://lawmin.nic.in/coi/coiason29july08.pdf (accessed March 23, 2010).
Ignacio Saiz, ‘Bracketing Sexuality: Human Rights and Sexual Orientation – A Decade of Development and Denial at the UN’, Health and Human Rights 7, no. 2 (2004): 48–81 (Special Focus: Sexuality, Health and Human Rights, ed. A.M. Miller and C.S. Vance).
High Court of Delhi at New Delhi, Naz Foundation v. Government of NCT of Delhi and Others, 2 July 2009, WP(C)7455/2001, pp. 36–7, sections 43–4; Sonia Onufer Corrêa and Vitit Muntarbhorn, and 27 other signatories, The Yogyakarta Principles: Principles on the Application of International Human Rights Law in Relation to Sexual Orientation and Gender Identity, 2007, http://www.yogyakartaprinciples.org/principles_en.htm (accessed March 23, 2010); Michael O'Flaherty and John Fisher, ‘Sexual Orientation, Gender Identity and International Human Rights Law: Contextualising the Yogyakarta Principles’, Human Rights Law Review 8, no. 2 (2008): 207–48; Kelly Kollman and Matthew Waites, ‘The Global Politics of LGBT Human Rights: An Introduction’, Contemporary Politics 15, no. 1 (March 2009): 1–17 (Special Issue: ‘The Global Politics of LGBT Human Rights’, ed. Kelly Kollman and Matthew Waites).
Matthew Waites, ‘Critique of “Sexual Orientation” and “Gender Identity” in Human Rights Discourse: Global Queer Politics Beyond the Yogyakarta Principles’, Contemporary Politics 15, no. 1 (March 2009): 137–56 (Special Issue: ‘The Global Politics of LGBT Human Rights’, ed. Kelly Kollman and Matthew Waites).
Geetanjali Misra, ‘Decriminalising Homosexuality in India’, Reproductive Health Matters 17, no. 34 (2009): 20–8.
Suparna Bhaskaran, ‘The Politics of Penetration: Section 377 of the Indian Penal Code’, in Queering India: Same-Sex Love and Eroticism in Indian Culture and Society, ed. Ruth Vanita (New York: Routledge, 2002), 15–29; Arvind Narrain, ‘The Articulation of Rights Around Sexuality and Health: Subaltern Queer Cultures in India in the Era of Hindutva’, Health and Human Rights 7, no. 2 (2004): 143–64 (Special Issue, ‘Special Focus: Sexuality, Health and Human Rights’, ed. A.M. Miller and C.S. Vance); Gautam Bhan, ‘Challenging the Limits of Law: Queer Politics and Legal Reform in India’, in Because I Have a Voice: Queer Politics in India, ed. Arvind Narrain and Gautam Bhan (New Delhi: Yoda Press, 2005), 40–8; Arvind Narrain, ‘No Shortcuts to Queer Utopia: Sodomy, Law and Social Change’, in The Phobic and the Erotic: The Politics of Sexualities in Contemporary India, ed. Brinda Bose and Subhabrata Bhattacharyya (London: Seagull Books, 2007), 255–62.
Leena Alanen, ‘Gender and Generation: Feminism and the “Child Question”’, in Childhood Matters: Social Theory, Practice and Politics, ed. Jens Qvortrup, Marjatta Bardy, Giovanni Sgritta and Helmut Wintersberger, (Aldershot: Avebury, 1994), 27–42; Carol L. Danda, ‘Childhood, Age of Consent and Moral Regulation in Canada and the UK’, Contemporary Politics 16, no. 3 (2010): 227–47.
Brinda Bose and Subhabrata Bhattacharyya, eds, The Phobic and the Erotic: The Politics of Sexualities in Contemporary India (London: Seagull Books, 2007). No chapter title in this key text focuses on childhood or youth, and terms absent from the index include: ‘adolescent’, ‘age’, ‘boy’, ‘child’, ‘childhood’, ‘children’, ‘generation’, ‘girl’, ‘young people’, ‘youth’ (though ‘boyfriend’ and ‘girlfriend’ are used). Book reviews of this collection which make no reference to childhood, youth or the politics of generation include: Svati P. Shah, ‘Brinda Bose and Subhabrata Bhattacharyya, The Phobic and the Erotic: The Politics of Sexualities in Contemporary India’, Sexualities 12, no. 3 (June 2009): 407–8; Anjali Monteiro, ‘The Phobic and The Erotic’, Culture, Health and Sexuality 12, no. 3 (April 2010): 343–5; Nishant Shahini, ‘After The Fire: India Is Burning’, GLQ: A Journal of Lesbian and Gay Studies, 15, no. 1 (2009): 180–2.
‘Heteronormativity’ is not defined in the collection's introduction, but has been influentially defined elsewhere by Lauren Berlant and Michael Warner as: ‘the institutions, structures of understanding and practical orientations that make heterosexuality seem not only coherent – that is organised as a sexuality – but also privileged’. Lauren Berlant and Michael Warner, ‘Sex in Public’, Critical Inquiry 24, no. 2 (Winter 1998): 547–66.
Sonia Corrêa, Rosalind Petchesky and Richard Parker, Sexuality, Health and Human Rights (London: Routledge, 2008).
Patricia Hynes, Michele Lamb, Damien Short and Matthew Waites, eds, ‘Sociology and Human Rights: New Engagements’, special issue, The International Journal of Human Rights 14, no. 6 (October 2010); Bryan Turner, ‘Outline of a Theory of Human Rights’, Sociology 27, no. 3 (August 1993): 489–512; Damien Short, ‘Sociological and Anthropological Approaches’, in Human Rights: Politics and Practice, ed. M. Goodhart (Oxford: Oxford University Press, 2009), 92–108.
Jeffrey Weeks, Janet Holland and Matthew Waites, eds, Sexualities and Society: A Reader (Cambridge: Polity Press, 2003).
Chris Jenks, Childhood (London: Routledge, 1996); Allison James, Chris Jenks and Alan Prout, Theorizing Childhood (Cambridge: Polity Press, 1998).
Matthew Waites, The Age of Consent: Young People, Sexuality and Citizenship (Houndmills: Palgrave Macmillan, 2005).
High Court of Delhi at New Delhi, Naz Foundation v. Government of NCT of Delhi and Others, 2 July 2009, WP(C)7455/2001, p. 105, section 132.
Svati P. Shah, ‘Brinda Bose and Subhabrata Bhattacharyya, ‘The Phobic and the Erotic: The Politics of Sexualities in Contemporary India’, Sexualities 12, no. 3, 407–8.
Matthew Waites, The Age of Consent: Young People, Sexuality and Citizenship (Basingstoke: Palgrave Macmillan, 2005); Idem, ‘Age of Consent Laws in Global Perspective’, Chapter 3, 40–59; Judith Butler, ‘Keynote Lecture’, Judith Butler Symposium, Columbia Law School, 5 March 2010, http://blogs.law.columbia.edu/genderandsexualitylawblog/2010/03/13/butler-symposium-video-now-available/ (accessed April 5, 2010), forthcoming in special issue of Columbia Journal of Gender and Law.
Ernesto Laclau and Chantal Mouffe, Hegemony and Socialist Strategy (London: Verso, 1985), 105.
Stuart Hall, ‘On Postmodernism and Articulation: An Interview with Stuart Hall’, Journal of Communication Inquiry 10, no. 45 (1986): 45–60, 53.
Edward Said, Orientalism (London: Penguin, 1995). Gayatri Chakravorty Spivak, ‘Can the Subaltern Speak?’, in Marxism and the Interpretation of Culture, ed. Lawrence Grossberg and Cary Nelson (London: Macmillan, 1988), 271–313.
Human Rights Watch, This Alien Legacy: The Origins of ‘Sodomy’ Laws in British Colonialism (New York: Human Rights Watch, 2008), http://www.hrw.org/en/reports/2008/12/17/alien-legacy-0 (accessed April 5, 2010).
Sumit Baudh, ‘Human Rights and the Criminalisation of Consensual Same-Sex Sexual Acts in the Commonwealth, South and Southeast Asia’, working paper (New Delhi, The South and Southeast Asia Resource Centre on Sexuality, TARSHI, May 2008).
Thank you to Vernon Hewitt for introducing the author to India. Vernon Hewitt, Reclaiming the Past? The Search for Political and Cultural Unity in Contemporary Jammu and Kashmir (London: Portland Books, 1995).
Sexuality and Rights Institute, http://www.sexualityinstitute.org/ (accessed March 23, 2010); CREA, http://web.creaworld.org/ (accessed March 23, 2010); TARSHI, http://www.tarshi.net/ (accessed March 23, 2010). The Sexuality and Rights Alumni Institute is an advanced forum for sexual and reproductive rights practitioners across India with international faculty, organised at Northpoint Centre of Learning in Khandala, near Pune in Maharashtra province. Since attending as an Invited Faculty Member the author remained on the Institute's email list, through which research information is frequently circulated.
Kathryn Bond Stockton, The Queer Child, or Growing Sideways in the Twentieth Century (Durham, MD: Duke University Press, 2009).
Ratanlal Ranchhoddas and Dhirajlal Keshavlal Thakore, The Indian Penal Code, 24th ed. (Bombay: The Bombay Law Reporter (Private) Ltd., 1967), chapter XVI, section 377, 309; Bhaskaran, ‘The Politics of Penetration’, 15–29.
Narrain, ‘The Articulation of Rights’, 151.
Akshay Khanna, ‘A Refracted Subject – Sexualness in the Realms of Law and Epidemiology’ (PhD thesis, School of Social and Political Sciences, University of Edinburgh, 2009).
Brother John Anthony v. The State, 1992 CriLJ 1352, cited in Bhaskaran, The Politics of Penetration, 20–2.
Chetan Bhatt, ‘The Land, The Blood and The Passion: The Hindu Far-Right’, in Sexualities and Society: A Reader, ed. Jeffrey Weeks, Janet Holland and Matthew Waites (Cambridge: Polity Press, 2003), 195–203; Chetan Bhatt, Liberation and Purity: Race, New Religious Movements and the Ethics of Postmodernity (London: University College London Press, 1997).
Bhaskaran, ‘The Politics of Penetration’, 15–29.
Oliver Phillips, ‘Zimbabwean Law and the Production of a White Man's Disease’, in Sexualities and Society: A Reader, ed. Jeffrey Weeks, Janet Holland and Matthew Waites (Cambridge: Polity Press, 2003), 162–73; M. Jacqui Alexander, ‘Not Just (Any) Body Can be a Citizen: The Politics of Law, Sexuality and Postcoloniality in Trinidad and Tobago and the Bahamas’, in Weeks, Holland and Waites, Sexualities and Society, 174–82.
Jeffrey Weeks, Sexuality, 3rd ed. (London: Routledge, 2010).
Ruth Vanita, Same-Sex Love in India: Readings from Literature and History (Basingstoke: Palgrave, 2000); Ruth Vanita, Love's Rite: Same-Sex Marriage in India and the West (Basingstoke: Palgrave Macmillan, 2005).
Peter Drucker, ed., Different Rainbows (London: Millivres Ltd., 2000).
Alan Prout and Katie Deverell, Working with Diversity: Evaluating the MESMAC Project (London: Health Education Authority, 1995).
Jeremy Seabrook, Love in a Different Climate (London: Verso, 1999); Paul Boyce, ‘Moral Ambivalence and Irregular Practices: Contextualizing Male-to-Male Sexualities in Calcutta/India’, Feminist Review 83 (2006): 79–98.
Ruth Vanita, ‘Introduction’, in Vanita, Queering India, 5.
Paul Boyce, ‘“Conceiving Kothis”: Men Who Have Sex with Men in India and the Cultural Subject of HIV Prevention’, Medical Anthropology 26, no. 2 (2007): 175–203.
Serena Nanda, ‘Hijras as Neither Man Nor Woman’, in The Lesbian and Gay Studies Reader, ed. Henry Abelove, Michèle Aina Barale and David M. Halperin (London: Routledge, 1993), 542–52; Serena Nanda, ‘Hijras: An Alternative Sex and Gender Role in India’, in Third Sex, Third Gender: Beyond Sexual Dimorphism in Culture and History, ed. Gilbert Herdt (New York: Zone Books, 1994), 373–418.
Geeta Patel, ‘Risky Subjects: Insurance, Sexuality and Capital’, Social Text 24, no. 4 (2006): 25–65.
Narrain, ‘The Articulation of Rights’, 161.
Akshay Khanna, ‘Beyond “Sexuality”(?)’, in Because I Have a Voice: Queer Politics in India, ed. Gautam Bhan and Arvind Narrain (New Delhi: Yoda Press, 2005), 89–103; Akshay Khanna, ‘Us “Sexuality Types”: A Critical Engagement with the Postcoloniality of Sexuality’, in The Phobic and the Erotic: The Politics of Sexualities in Contemporary India, ed. Brinda Bose and Subhabrata Bhattacharyya (London: Seagull Books, 2007), 159–200.
Leena Abraham, ‘Bhai-behen, True Love, Time Pass: Friendships and Sexual Partnerships among Youth in an Indian Metropolis’, in Culture, Society and Sexuality: A Reader, ed. Richard Parker and Peter Aggleton, 2nd ed. (London: Routledge, 2007), 358–71.
Adrienne Rich, ‘Compulsory Heterosexuality and Lesbian Existence’, Signs: Journal of Women, Culture and Society 5, no. 4 (1980): 631–60; Gautam Bhan and Arvind Narrain, ‘Introduction’; and Nivedita Menon, ‘How Natural is Normal? Feminism and Compulsory Heterosexuality’, in Because I Have a Voice: Queer Politics in India, ed. Gautam Bhan and Arvind Narrain (New Delhi: Yoda Press, 2005), 1–29, 33–48; Paul Boyce, ‘Truths and (Mis)representations: Adrienne Rich, Michel Foucault and Sexual Subjectivities in India’, Sexualities 11, nos 1/2 (2008): 110–19 (Special Issue: ‘The 10th Anniversary Issue’, ed. Ken Plummer).
Voices Against 377, Rights for All.
Narrain, ‘The Articulation of Rights’, 143, 160.
Waites, ‘Critique of “Sexual Orientation” and “Gender Identity” in Human Rights Discourse’.
Narrain, ‘The Articulation of Rights’, 152–4.
IGLHRC, ‘India: Section 377’.
High Court of Delhi at New Delhi, Writ Petition (C) No. 7455 OF 2001, p. 49, Part IX, paragraphs 171–2.
Narrain, ‘The Articulation of Rights’, 155.
Voices Against 377, ‘Open Letter In Response To The Government Affidavit on Section 377’, in Rights for All, 29–30.
Civil Appeal No.952/2006, cited in High Court of Delhi, Naz Foundation v. Government, 3, s.1.
IGLHRC, ‘India: Section 377’.
High Court of Delhi, Naz Foundation v. Government, 2, s.1.
Narrain, ‘The Articulation of Rights’, 155.
Government of India/Ministry of Law and Justice, The Constitution of India (as modified up to 1 December 2007), http://lawmin.nic.in/coi/coiason29july08.pdf (accessed March 23, 2010), Part III.
High Court of Delhi at New Delhi, Writ Petition (C) No. 7455 OF 2001, pp.17–19, 28–9, 42, paragraphs 41–5, 82–6, 135–7.
A.G. Noorani, ‘The Prime Minister and the Judiciary’, in Nehru to the Nineties: The Changing Office of the Prime Minister in India, ed. James Manor (London: Hurst & Company, 1994), 94–114.
Michel Foucault, The History of Sexuality, Volume 1: An Introduction (London: Allen Lane, 1979), part 4, chapter 2 (‘Method’), 101.
Leslie J. Moran, The Homosexual(ity) of Law (London: Routledge, 1996).
Mary Bernstein, ‘Celebration and Suppression: The Strategic Uses of Identity by the Lesbian and Gay Movement’, American Journal of Sociology 103, no. 3 (1997): 531–65; Matthew Waites, ‘The Fixity of Sexual Identities in the Public Sphere: Biomedical Knowledge, Liberalism and the Heterosexual/Homosexual Binary in Late Modernity’, Sexualities 8, no. 5 (2005): 539–69; Kelly Kollman and Matthew Waites, ‘Lesbian, Gay and Bisexual Movements in the United Kingdom: Changing Political Opportunity Structures, Policy Success and Continuing Challenges’, in The Lesbian and Gay Movement and the State: Comparative Insights into a Transformed Relationship, ed. Manon Tremblay, Carol Johnson and David Paternotte (Farnham: Ashgate Publishing, forthcoming 2011).
Waites, ‘Critique of “Sexual Orientation” and “Gender Identity” in Human Rights Discourse’.
Ibid.
High Court of Delhi, Naz Foundation v. Government, 49, s.59; United Nations General Assembly, Letter dated 18 December 2008 from the Permanent Representatives of Argentina, Brazil, Croatia, France, Gabon, Japan, the Netherlands and Norway to the United Nations addressed to the President of the General Assembly, A/63/635 United Nations, http://downloads.aibai.cn/NO866799.pdf (accessed January 21, 2009).
The author is grateful to Akshay Khanna for emphasising this.
Jeffrey Weeks, ‘Havelock Ellis and the Politics of Sex Reform’, in Socialism and the New Life: The Personal and Sexual Politics of Edward Carpenter and Havelock Ellis, ed. Sheila Rowbotham and Jeffrey Weeks (London: Pluto Press, 1977), 139–85.
High Court of Delhi at New Delhi, Writ Petition (C) No. 7455 OF 2001, pp. 39–40, 43; paragraphs 120–4, 143.
High Court of Delhi at New Delhi, Writ Petition (C) No. 7455 OF 2001, p. 44, paragraph 148; see also p. 43, paragraph 144.
High Court of Delhi at New Delhi, Extra Ordinary Original Writ Jurisdiction C.M. No…of 2006 in Civil Writ Petition No. 7455/2001: Application for Impleadment, pp. 14–20, 24, 26–7, 39.
Voices Against 377, Rights for All.
High Court of Delhi at New Delhi, Naz Foundation v. Government of NCT of Delhi and Others, 2 July 2009, WP(C)7455/2001, p. 6, section 6.
Ignacio Saiz, ‘Bracketing Sexuality: Human Rights and Sexual Orientation – A Decade of Development and Denial at the UN’, Health and Human Rights 7, no. 2 (2004): 49–80.
David M. Halperin, ‘Forgetting Foucault’, in How to Do the History of Homosexuality (Chicago: The University of Chicago Press, 2002), 24–47.
Moran, The Homosexual(ity) of Law.
Barry D. Adam, Jan Willem Duyvendak and André Krouwel, ‘Gay and Lesbian Movements beyond Borders? National Imprints of a Worldwide Movement’, in The Global Emergence of Gay and Lesbian Politics: National Imprints of a Worldwide Movement, ed. Barry D. Adam, Jan Willem Duyvendak and André Krouwel (Philadelphia: Temple University Press, 1999), 344–71.
Khanna, A Refracted Subject.
Stevi Jackson, Children and Sexuality (Oxford: Basil Blackwell, 1982).
R. Danielle Egan and Gail Hawkes, Theorizing the Sexual Child in Modernity (Basingstoke: Palgrave Macmillan, 2010).
Waites, The Age of Consent, chapters 7–9.
Stephen Bruhm and Natasha Hurley, Curiouser: On the Queerness of Children (Minneapolis: University of Minnesota Press, 2004); Kathryn Bond Stockton, The Queer Child, or Growing Sideways in the Twentieth Century (Durham, MD: Duke University Press, 2009).
Lee Edelman, No Future: Queer Theory and the Death Drive (Durham, MD: Duke University Press, 2004).
Judith Whitehead, ‘Bodies of Evidence, Bodies of Rule: The Ilbert Bill, Revivalism and the Age of Consent in Colonial India’, Sociological Bulletin: Journal of the Indian Sociological Society 45, no. 1 (March 1996): 29–54.
Waites, The Age of Consent, chapter 4, 67–87.
Ranchhoddas and Thakore, The Indian Penal Code, chapter XVI, section 375, 307.
Helmut Graupner, ‘Sexual Consent: The Criminal Law in Europe and Overseas’, Archives of Sexual Behaviour 29, no. 5 (2000): 448.
Waites, The Age of Consent.
Voices Against 377, Rights for All.
United Nations General Assembly, Convention on the Rights of the Child 1989, http://www2.ohchr.org/english/law/crc.htm (accessed October 29, 2009).
Waites, The Age of Consent, 56–8.
Ibid., 56–7.
CREA, Learning From Each Other: Pushing Forward the Field of Adolescent Sexual and Reproductive Health and Rights in India and Nigeria through a Cross Learning Program (New Delhi: CREA, 2004).
High Court of Delhi at New Delhi, Writ Petition (C) No. 7455 OF 2001, p. 24, paragraph 65.
Misra, Decriminalising Homosexuality in India, 23.
High Court of Delhi at New Delhi, Extra Ordinary Original Writ Jurisdiction C.M. No…of 2006 in Civil Writ Petition No. 7455/2001: Application for Impleadment, p. 3, paragraph 5.
Voices Against 377, ‘Section 377 and Child Sexual Abuse’, in Rights For All, 9–10.
Voices Against 377, Rights For All, 2–3.
Voices Against 377, ‘Section 377 and Child Sexual Abuse’, 9–10.
Bernstein, ‘Celebration and Suppression’; Kollman and Waites, ‘Lesbian, Gay and Bisexual Movements in the United Kingdom’.
Waites, ‘The Fixity of Sexual Identities in the Public Sphere’, 556.
Waites, The Age of Consent, 192; Bruce Rind, Philip Tromovitch and Robert Bauserman, ‘A Meta-Analytic Examination of Assumed Properties of Child Sexual Abuse Using College Samples’, Psychological Bulletin 124, no. 1 (1998): 22–53; Paula Reavey and Sam Warner, eds, New Feminist Stories of Child Sexual Abuse: Sexual Scripts and Dangerous Dialogues (London: Routledge, 2003). For discussion see also: Charles L. Whitfield, Joyanna L. Silberg and Paul Jay Fink, eds, Misinformation Concerning Child Sexual Abuse and Adult Survivors (London: Routledge, 2002).
Narrain, The Articulation of Rights, 156.
The author is grateful to Akshay Khanna for emphasising this.
Manoj Mitta, ‘Now, Confusion Over Age of Consent’, The Times of India, 5 July 2010, http://timesofindia.indiatimes.com/india/Now-confusion-over-age-of-consent-/articleshow/4739382.cms (accessed April 6, 2010).
Vasundhara Sanger, ‘Don't Repeat Section 377: Homosexuals’, Times of India.com, 11 August 2008. Available at: http://timesofindia.com/India/Dont_repeat_section_377_Homosexuals/articleshow/3352167.cms (accessed 28 August 2010).
Hannah Miller, ‘From “rights-based” to “rights-Framed” approaches: a social constructionist view of human rights practice’, International Journal of Human Rights, 14, no. 6, (Special issue: ‘Sociology and Human Rights’ (ed) Patricia Hynes, Michele Lamb, Damien Short and Matthew Waites) (2010): 915–931.
Sonia Corrêa et al., Sexuality, Health and Human Rights, part 3.
Stephen Bruhm and Natasha Hurley, Curiouser: On the Queerness of Children (Minneapolis: University of Minnesota Press, 2004).
Kathryn Bond Stockton, The Queer Child, or Growing Sideways in the Twentieth Century (Durham, MD, Duke University Press, 2009), 3.
Waites, The Age of Consent.
Ibid.; Waites, ‘The Fixity of Sexual Identities in the Public Sphere’.
Andrea Cornwall and Maxine Molyneux, eds, The Politics of Rights: Dilemmas of Feminist Praxis (London: Routledge, 2008); Sonia Corrêa et al., Sexuality, Health and Human Rights, Part 3.