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Wrecking Prejudices: This Is How the Madras HC Judgment Rethinks Transformative Constitutionalism

Transformative constitutionalism

On June 7, Justice N. Anand Venkatesh of the Madras High Court wrote a progressive judgment, setting new precedents for all cases that deal with LGBTQIA+ persons’ rights. The judgment is deemed exceptional for several reasons, but one of the many is his attempt to understand the processes he seeks to undo.  Justice N. Venkatesh, through his actions, attempts to fully realise what it means to be queer in a heteronormative society. Vershika Sharma explains how Justice N. Venkatesh made an effort to overcome his biases to understand same-sex relationships. She argues that the same shifts how we see transformative constitutionalism. She argues that this movement is a progression from Navtej Johar judgment in implying the concept of ‘transformative constitutionalism’.


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