Former IHR Clinic Student Kimberly Rhoten Blogs on Indian Supreme Court's 377 Decision

The Supreme Court’s 377 Decision: Anti-minority Subjectivity and Unintelligible Conclusions

Dipika Jain and Kimberly Rhoten
Bar & Bench (
December 12, 2013

Former IHR Clinic student Kimberly Rhoten ('13) recently posted a blog, co-written with Professor Dipika Jain of Jindal Global Law School, analyzing the Indian Supreme Court's recent controversial decision recriminalizing consensual same-sex relations under Section 377 of the Indian Penal Code. The blog post can be read here and the Supreme Court's decision can be read here.

The Supreme Court's judgment overturned a 2009 decision of the Delhi High Court, which declared Section 377 unconstitutional as applied to consensual, private homosexual intercourse. The High Court decision can be read here.

Rhoten is currenlty a Research Fellow at the Center for Health Law, Ethics and Technology at Jindal Global Law School.