Alabama Law Scholarly Commons Articles Faculty Scholarship 2017 Sovereignty and Social Change in the Wake of India's Recent Sodomy Cases Deepa Das Acevedo University of Alabama - School of Law,
[email protected] Follow this and additional works at: https://scholarship.law.ua.edu/fac_articles Recommended Citation Deepa Das Acevedo, Sovereignty and Social Change in the Wake of India's Recent Sodomy Cases, 40 B. C. Int'l & Comp. L. Rev. 1 (2017). Available at: https://scholarship.law.ua.edu/fac_articles/450 This Article is brought to you for free and open access by the Faculty Scholarship at Alabama Law Scholarly Commons. It has been accepted for inclusion in Articles by an authorized administrator of Alabama Law Scholarly Commons. SOVEREIGNTY AND SOCIAL CHANGE IN THE WAKE OF INDIA'S RECENT SODOMY CASES DEEPA DAS ACEVEDO* Abstract: American constitutional law scholars have long questioned whether courts can truly drive social reform, and this uncertainty remains even in the wake of recent landmark decisions affecting the LGBT community. In contrast, court watchers in India-spurred by developments in a special type of legal ac- tion developed in the late 1970s known as public interest litigation (PIL)-have only recently begun to question the judiciary's ability to promote progressive social change. Indian scholarship on this point has veered between despair that PIL cases no longer reliably produce good outcomes for India's most disadvan- taged and optimism that public interest litigation can be returned to its glory days of heroic judicial intervention. Perhaps no pair of cases so nicely captures this dichotomy as the 2009 decision in Naz Foundation v.