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Jindal Global Law Review (JGLR) the JGLR (ISSN 0975-2498), the Flagship Journal of Jindal Global Law School, Is Published Two Times a Year V OLUME www.jglr.jgu.edu.in 4 I SSUE JINDAL GLOBAL LAW REviEW 1 Law, Culture and Queer Politics in Neoliberal Times Special Double Issue Part - I J I NDAL VOLUME 4 ISSUE 1 AUGUST 2012 G EDITORS’ INTRODUCTION New Intimacies/ Old Desires: Disrupting the Dinner Table: Re-thinking LOBAL Law, Culture and Queer Politics in the ‘Queer Movement’ in Contemporary Neoliberal Times India Oishik Sircar and Dipika Jain Ashley Tellis L ARTICLES Unlearning Human Rights and False Grand AW Continental Drift: Queer, Feminism, Dichotomies: Indonesian Archipelagic Postcolonial Selves Beyond Sexual/ Gender Universality R Brenda Cossman Vanja HamziĆ E Multi-tasking Queer: Reflections on the Asking For It: Erotic Asphyxiation and the vi Possibilities of Homosexual Dissidence in Limitations of Sexual Consent EW Law Ingrid Olson Ratna Kapur ‘Paradoxes of Visibility’: Lesbian and Gay Contagion Politics: Queer Rights Claims, Parents in the Australian Print Media Biopower and the “Public Health” Rationale Damien W. Riggs for the Repeal of Sodomy Laws Resisting, Demanding, Negotiating and A Neil Cobb Being: The Role of Scandals in the Everyday Section 377 and the Myth of Heterosexuality Lives of Argentinean Travestis María Soledad Cutuli U Zaid Al Baset G Queer Politics in Spain: There is Life After UST Claiming Citizenship, Contesting Civility: The Institutional LGBT Movement and the Same-Sex Marriage Legislation Regulation of Gender/ Sexual Dissidence in Susana López Penedo 2012 West Bengal, India Aniruddha Dutta ISSN 0975-2498 O.P. Jindal Global University (JGU) JGU is a non-profit global university established by the Haryana Private Universities (Second Amendment) Act, 2009. JGU is established in the memory of Mr. O.P. Jindal as a philanthropic initiative of Mr. Naveen Jindal, the Founding Chancellor. The University Grants Commission has accorded its recognition to O.P. Jindal Global University. The vision of JGU is to promote global courses, global programmes, global curriculum, global research, global collaborations, and global interaction through a global faculty. JGU is situated on a 70-acre state-of-the art residential campus in the National Capital Region of Delhi. JGU is one of the few universities in Asia that maintains a 1:15 faculty-student ratio and appoints faculty members from different parts of the world with outstanding academic qualifications and experience. JGU has established four schools: Jindal Global Law School, Jindal Global Business School, Jindal School of International Affairs, and Jindal School of Government and Public Policy. Jindal Global Law School (JGLS) In 2009, JGU began its first academic session with the establishment of India’s first global law school, JGLS. JGLS is recognised by the Bar Council of India and offers a three-year LL.B. programme, a five- year B.A. LL.B. (Hons.) programme and an LL.M. programme. JGLS has established research centres in a variety of key policy areas, including: Global Corporate and Financial Law and Policy; Women, Law, and Social Change; Penology, Criminal Justice and Police Studies; Human Rights Studies; International Trade and Economic Laws; Global Governance and Policy; Health Law, Ethics, and Technology; Intellectual Property Rights Studies; Public Law and Jurisprudence; Environment and Climate Change Studies; South Asian Legal Studies, International Legal Studies, Psychology and Victimology Studies and Clinical Legal Programmes. JGLS has established international collaborations with universities around the world, including Harvard, Yale, Columbia, Michigan, Cornell, Cambridge, Oxford, UC Berkely, UC Davis, Griffith and Indiana. JGLS has also signed MoUs with a number of reputed law firms in India and abroad, including White & Case, Amarchand & Mangaldas & Suresh A. Shroff & Co., AZB & Partners, FoxMandal Little, Luthra and Luthra Law offices, Khaitan & Co., Economic Law & Practice and Nishith Desai Associates. Jindal Global Law Review (JGLR) The JGLR (ISSN 0975-2498), the flagship journal of Jindal Global Law School, is published two times a year. We are the first and the only Indian journal to be indexed in the Lexis Nexis legal database. SUBMISSIONS: The Jindal Global Law Review welcomes submissions of unsolicited manuscripts. Submissions should generally be in the range of 8,000-12,000 words, including footnotes. All manuscripts should be in English and footnotes should conform to the requirements of The Bluebook: A Uniform System of Citation (19th ed.). Articles may be submitted by email to [email protected] or [email protected] or by snail mail. Alternatively, articles can be submitted using Express-O and Lex- Opus submission systems. SUBSCRIPTIONS: All correspondence concerning subscriptions should be addressed to Subscription Manager, Jindal Global Law Review, Jindal Global Law School, O.P. Jindal Global University, Sonipat Narela Road, Near Jagdishpur Village, Sonipat, Haryana - 131 001, NCR of Delhi, India, Tel: +91-130- 3057800/ 801/ 802; Fax: +91-130-3057888, Email: [email protected] Website: www.jglr.jgu.edu.in We dedicate this issue in the memory of our beloved student MRINALDEEP SINGH 16 October 1993 – 29 September 2011 JINDAL GLOBAL LAW REVIEW Law, Culture and Queer Politics in Neoliberal Times Special Double Issue Part - I VOLUME 4 ISSUE 1 AUGUST 2012 EDITORS-IN-CHIEF OISHIK SIRCAR DIPIKA JAIN STUDENT NOTES-EDITORS PRAVEEN CHACKO GAVIN GENE PEREIRA KRITHIKA BALU ACKNOWLEDGEMENTS This special double issue of the Jindal Global Law Review (JGLR) has been a collective effort right from the moment we conceptualised its theme. We extend our gratitude to Prof. C. Raj Kumar, Vice Chancellor of O.P. Jindal Global University (JGU) and the Dean of the Jindal Global Law School (JGLS) for entrusting us with the responsibility of editing this special issue of JGLR on ‘Law, Culture and Queer Politics in Neoliberal Times‘. We hope that this issue will break disciplinary boundaries, and be unprecedented in terms of the breadth and depth of the theme being covered. We couldn‘t have carried through this project successfully without his encouragement. We thank Prof. Y.S.R. Murthy, the Registrar of JGU for his continued support. Thanks are also due to: Neha Gupta and Alkama Raj for their administrative support; our anonymous peer reviewers for their time and close reading of the articles; our faculty colleagues at JGLS who have always provided the intellectual space and friendship that help sustain projects like these and make them a happy affair. We must also thank our contributors who so encouragingly responded to our call for papers, were very cooperative with keeping deadlines, and thought of JGLR as a worthy venue for publishing their scholarship. It is your work that makes this special issue special. Our student notes-editors team deserves a very special mention: Praveen Chacko, Gavin Gene Pereira and Krithika Balu have been absolutely fantastic to work with. Their dedication, enthusiasm and professionalism are reasons why we have been able to pull this issue through to fruition. We hope that working on this issue has adequately queered their imaginations! Last but not the least, thank you Prof. Ratna Kapur for your inspiration and Dr. Ashley Tellis for your provocations that always ensured that we do not compromise on theory, and never suspend criticality. Your intellectual engagement and scholarship forms an essential foundation of this special issue. Oishik Sircar & Dipika Jain Editors-in-Chief, JGLR July 2012 JINDAL GLOBAL LAW REVIEW Law, Culture and Queer Politics in Neoliberal Times Special Double Issue Part - I VOLUME 4 ISSUE 1 AUGUST 2012 CONTENTS SPECIAL ISSUE THEME NOTE i-iii EDITORS’ INTRODUCTION New Intimacies/ Old Desires: 1 Law, Culture and Queer Politics in Neoliberal Times Oishik Sircar and Dipika Jain ARTICLES Continental Drift: Queer, Feminism, 17 Postcolonial Brenda Cossman Multitasking Queer: Reflections on the 36 Possibilities of Homosexual Dissidence in Law Ratna Kapur Contagion Politics: Queer Rights Claims, 60 Biopower and the “Public Health” Rationale for the Repeal of Sodomy Laws Neil Cobb Section 377 and the Myth of Heterosexuality 89 Zaid Al Baset Claiming Citizenship, Contesting Civility: 110 The Institutional LGBT Movement and the Regulation of Gender/ Sexual Dissidence in West Bengal, India Aniruddha Dutta Disrupting the Dinner Table: Re-thinking the 142 ‘Queer Movement’ in Contemporary India Ashley Tellis Unlearning Human Rights and False Grand 157 Dichotomies: Indonesian Archipelagic Selves Beyond Sexual/ Gender Universality Vanja HamziĆ Asking For It: Erotic Asphyxiation and the 171 Limitations of Sexual Consent Ingrid Olson ‘Paradoxes of Visibility’: Lesbian and Gay 201 Parents in the Australian Print Media Damien W. Riggs Resisting, Demanding, Negotiating and Being: 219 The Role of Scandals in the Everyday Lives of Argentinean Travestis María Soledad Cutuli Queer Politics in Spain: There is Life After 238 Same-Sex Marriage Legislation Susana López Penedo REVIEW ESSAYS ‘Split Decisions: How and Why to take a Break 264 from Feminism’ by Janet Halley Saptarishi Mandal ‘For the Record: On Sexuality and the Colonial 277 Archive in India’ by Anjali Arondekar Lakshmi Arya JINDAL GLOBAL LAW REVIEW Law, Culture and Queer Politics in Neoliberal Times Special Double Issue Part - I VOLUME 4 ISSUE 1 AUGUST 2012 Special Issue Theme Note1 It would not be too romantic to call this ‘The Decade of Sex Rights‘. Over the past ten years unprecedented legal developments have marked the recognition of the human rights of sexually marginalized people internationally:
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