Article

Right to Love: India’s Decriminalization of Homosexuality Understood in Light of Contact

Authors:
  • Norwegian Gestalt Institute
To read the full-text of this research, you can request a copy directly from the author.

Abstract

On September 6, 2018, homosexuality was decriminalized in India. It was the result of a rights mobilization that started almost two decades ago. From the start, Indian lesbian, gay, bi, trans (LGBT) activists tried to influence society and the judges directly, not least through contact with other judges who happened to be gay. This article is a first attempt at understanding the mobilization and decriminalization in light of contact. It is also a first attempt at combining contact theories from both gestalt and the social sciences, including Allport’s (1954) contact hypothesis. It seems quite plausible that contact of a certain kind played an important role in the Indian case. Other social movements could learn from this case. Gestaltists, as contact artists could have much to contribute, especially if they also draw upon social sciences and recognize that status, social identity, and power play a role in contact.

No full-text available

Request Full-text Paper PDF

To read the full-text of this research,
you can request a copy directly from the author.

ResearchGate has not been able to resolve any citations for this publication.
Article
Full-text available
We propose a communication analogue to Allport's (19541. Allport GW 1954 The nature of prejudice Cambridge, MA Perseus Books View all references) Contact Hypothesis called the Parasocial Contact Hypothesis (PCH). If people process mass-mediated parasocial interaction in a manner similar to interpersonal interaction, then the socially beneficial functions of intergroup contact may result from parasocial contact. We describe and test the PCH with respect to majority group members' level of prejudice in three studies, two involving parasocial contact with gay men (Six Feet Under and Queer Eye for the Straight Guy) and one involving parasocial contact with comedian and male transvestite Eddie Izzard. In all three studies, parasocial contact was associated with lower levels of prejudice. Moreover, tests of the underlying mechanisms of PCH were generally supported, suggesting that parasocial contact facilitates positive parasocial responses and changes in beliefs about the attributes of minority group categories.
Article
Full-text available
The extended contact hypothesis proposes that knowledge that an in-group member has a close relationship with an out-group member can lead to more positive intergroup attitudes. Proposed mechanisms are the in-group or out-group member serving as positive exemplars and the inclusion of the out-group member's group membership in the self. In Studies 1 and 2, respondents knowing an in-group member with an out-group friend had less negative attitudes toward that out-group, even controlling for dispositional variables and direct out-group friendships. Study 3, with constructed intergroup-conflict situations (on the robbers cave model), found reduced negative out-group attitudes after participants learned of cross-group friendships. Study 4, a minimal group experiment, showed less negative out-group attitudes for participants observing an apparent in-group–out-group friendship. (PsycINFO Database Record (c) 2012 APA, all rights reserved)
Article
Full-text available
The present article presents a meta-analytic test of intergroup contact theory. With 713 independent samples from 515 studies, the meta-analysis finds that intergroup contact typically reduces intergroup prejudice. Multiple tests indicate that this finding appears not to result from either participant selection or publication biases, and the more rigorous studies yield larger mean effects. These contact effects typically generalize to the entire outgroup, and they emerge across a broad range of outgroup targets and contact settings. Similar patterns also emerge for samples with racial or ethnic targets and samples with other targets. This result suggests that contact theory, devised originally for racial and ethnic encounters, can be extended to other groups. A global indicator of Allport's optimal contact conditions demonstrates that contact under these conditions typically leads to even greater reduction in prejudice. Closer examination demonstrates that these conditions are best conceptualized as an interrelated bundle rather than as independent factors. Further, the meta-analytic findings indicate that these conditions are not essential for prejudice reduction. Hence, future work should focus on negative factors that prevent intergroup contact from diminishing prejudice as well as the development of a more comprehensive theory of intergroup contact.
Book
This seminal textbook on Gestalt therapy refreshes the theory of Gestalt therapy revisiting its European roots. Taking the basic premise that people do the best they can in relation to their own situation - a thoroughly Gestalt idea - leading European therapist Georges Wollants explains Gestalt theory and provides a useful critique of commonly taught concepts: Each section approaches a key area of psychotherapy theory in context, while chapter summaries, illustrations and worked-through case examples help to make the theory accessible to all those training in Gestalt therapy; Commentaries from current experts in different areas of Gestalt provide a balanced overview of Gestalt therapy today; The author brings in his extensive knowledge of European philosophers and psychologists to offer a unique insight into Gestalt therapy. A readable, engaging clarification of Gestalt theory and practice, this will be a worthy addition to any trainee's reading list; not only in humanistic and integrative counselling and psychotherapy but also pastoral care in wider mental health training.
Article
According to conventional wisdom in American legal culture, the 1870s to 1920s was the age of legal formalism, when judges believed that the law was autonomous and logically ordered, and that they mechanically deduced right answers in cases. In the 1920s and 1930s, the story continues, the legal realists discredited this view by demonstrating that the law is marked by gaps and contradictions, arguing that judges construct legal justifications to support desired outcomes. This often-repeated historical account is virtually taken for granted today, and continues to shape understandings about judging. In this groundbreaking book, esteemed legal theorist Brian Tamanaha thoroughly debunks the formalist-realist divide. Drawing from extensive research into the writings of judges and scholars, Tamanaha shows how, over the past century and a half, jurists have regularly expressed a balanced view of judging that acknowledges the limitations of law and of judges, yet recognizes that judges can and do render rule-bound decisions. He reveals how the story about the formalist age was an invention of politically motivated critics of the courts, and how it has led to significant misunderstandings about legal realism. Beyond the Formalist-Realist Divide traces how this false tale has distorted studies of judging by political scientists and debates among legal theorists. Recovering a balanced realism about judging, this book fundamentally rewrites legal history and offers a fresh perspective for theorists, judges, and practitioners of law.
Article
The association between heterosexuals' attitudes toward gay men and their interpersonal contact experiences with a lesbian or gay person was examined with data from a national AIDS telephone survey with a probability sample of English-speaking adults in the United States (n = 937). When asked whether any friends or relatives had 'let you know that they were homosexual,' approximately one-third of the respondents gave an affirmative answer. Regression analyses indicated that interpersonal contact predicted attitudes toward gay men better than did any other demographic or social psychological variable included in the equation. Interpersonal contact was more likely to be reported by respondents who were highly educated, politically liberal, young, and female. The data indicate that interpersonal contact is strongly associated with positive attitudes toward gay men and that heterosexuals with characteristics commonly associated with positive attitudes are more likely than others to be the recipients of disclosure from gay friends and relatives.
Article
Philosophers and legal scholars have long debated the means by which decisions of an independent judiciary can be reconciled with democratic ideals. The problem of justifying judicial decisions is particularly acute in "hard cases," those cases in which the result is not clearly dictated by statute or precedent. The positivist theory of adjudication - that judges use their discretion to decide hard cases - fails to resolve this dilemma of judicial decisionmaking. Professor Dworkin has been an effective critic of the positivist position and in this essay he provides an alternative theory of adjudication that is more consistent with democratic ideals. He first posits a distinction between arguments of principle and arguments of policy and suggests that decisions in hard cases should be and are based on arguments of principle. He then illustrates how this distinction is used in cases involving constitutional provisions, statutes, and common law precedents.
Article
The non-legal factors that influence judicial decisions have been the subject of extensive debate. Theoretical and empirical work has focused on factors including political ideology, activism, attitudes, and demographics. Personal values are related to these factors and are central to decision making. The study described in this article translated theories and techniques from psychological research to examine the role of personal values in judicial decision making. A novel method of assessment of value expression in legal opinions revealed a different pattern of values expressed in the majority and minority opinions of a case that divided the Supreme Court. An empirical study of legal academics extended this analysis and highlighted the significant influence of personal values on legal decisions. The value:decision paradigm provides a new framework to analyse judicial decision making, judicial division, and judicial discretion and has significant implications for judicial diversity.
Article
This paper reflects on the "unified field as a concept at the heart of Gestalt theory and practice. The field perspective is contrasted with a dualistic outlook that separates individuals from human systems. Instead, individuals can be regarded as embodying systems, both affected by them and affecting how they are. Implications for practice, for ideas of adult development, and for dealing with political and social issues are all discussed. The paper concludes by underlining the sociopolitical priorities of the founders of the Gestalt approach.
Article
Explores the basic definition of Gestalt therapy as an ongoing creative adjustment to the potential in the therapeutic situation which includes therapist, clients, and their developing relationship. Case histories are presented, and the role of the therapist as a creative artist is examined. (3 p ref) (PsycINFO Database Record (c) 2012 APA, all rights reserved)
Article
In this original and penetrating work, the origins of the Gestalt psychotherapy model are traced back to its roots in psychoanalysis and holism. Drawing new implications for psychotherapy from these origins—and with special emphasis on the neglected work of Lewin and Goldstein—Wheeler develops a revised model that is more fully "Gestalt" and at the some time more firmly grounded in the spectrum of tools and approaches available to the contemporary psychotherapist. Along the way, a number of powerful new insights are offered, not just in Gestalt, but in the workings of the psychoanalytic and cognitive/behavioral models. The result is an integrated approach giving a fresh perspective on the universal processes of contact and resistance, both in psychotherapy and in social systems in general. Taken together, they [these chapters] constitute a remarkable excursion through the history of psychotherapy in this century, weaving powerfully through social psychology, behaviorism, and Gestalt itself, yielding a masterful new synthesis that will interest the practitioners of Gestalt and other schools alike. (PsycINFO Database Record (c) 2012 APA, all rights reserved)
A Flawed Pre-retirement Order Written in a Rush
  • Rajeev Dhavan
Dhavan, Rajeev. 2013. "SC Judgment on Section 377: A Flawed Pre-retirement Order Written in a Rush. " The Times of India, December 13. Accessed June 1, 2020. https://timesofindia.indiatimes.com/india/SC-judgment-on-Section-377-Aflawed-pre-retirement-order-written-in-a-rush/articleshow/27539754.cms.
Gay Rights are Human Rights
  • Anil Divan
Divan, Anil. 2016. "Gay Rights are Human Rights. " The Hindu, February 19. Accessed June 1, 2020. https://www.thehindu.com/opinion/op-ed/gay-rights-are-humanrights/article8253686.ece.
Reflections on the Supreme Court's Judgment in Kaushal vs. Naz Foundation.” Panel discussion
  • Shyam Divan
Divan, Shyam. 2014. "Reflections on the Supreme Court's Judgment in Kaushal vs. Naz Foundation. " Panel discussion, February 7, New Delhi. Online video accessed June 1, 2020. http://377globaldayofrage.tumblr.com/post/79727109475/ shyam-divan-talks-about-the-recent-supreme-courts.
‘What Happens to a Dream Deferred?': Arvind Narrain on Law and Love
  • Duqueercollective
Duqueercollective. 2014. "'What Happens to a Dream Deferred?': Arvind Narrain on Law and Love. " Accessed June 1, 2020. http://duqueercollective.wordpress.com/ 2014/01/22/what-happens-to-a-dream-deferred-arvind-narrain-on-lawand-love/.
La Gestalt: l'art du contact. Bruxelles: Marabout [Gestalt Therapy: The Art of Contact
  • Serge Ginger
Ginger, Serge. 1995. La Gestalt: l'art du contact. Bruxelles: Marabout [Gestalt Therapy: The Art of Contact, translated by Sarah Spargo and Sally Reeder Cojean, London and New York, Routledge, 2018].
Routledge Handbook of Judicial Behavior
  • Robert M Howard
  • Kirk A Randazzo
Howard, Robert M., and Kirk A. Randazzo. 2017. Routledge Handbook of Judicial Behavior. Abingdon, UK: Routledge.
Courts Are There to Exercise a Restraining Influence on Authority: Justice Chandrachud
  • Parth Khatau
Khatau, Parth. 2019. "Courts Are There to Exercise a Restraining Influence on Authority: Justice Chandrachud. " Indian Express, February 10. Accessed June 1, 2020. https://indianexpress.com/article/cities/mumbai/courts-are-there-to-exercise-arestraining-influence-on-authority-justice-chandrachud-5576855/.
Including the Queer in India: The Development of Sexual and Gender Minorities' Rights Inside and Outside of Indian Courts
  • Vikram Kolmannskog
Kolmannskog, Vikram. 2014. "Voldtekt og konfluens. En kasusstudie av terapi med en overgrepsutsatt kvinne. " Norsk Gestalttidsskrift 11(2): 28-45. ---. 2015. "Including the Queer in India: The Development of Sexual and Gender Minorities' Rights Inside and Outside of Indian Courts. " Indian Journal of Socio Legal Studies 4(1): 72-83.
No Going Back': A Case Study of Sexual and Gender Minorities in India and their Legal Mobilisation
---. 2016. "'No Going Back': A Case Study of Sexual and Gender Minorities in India and their Legal Mobilisation. " Advances in Social Sciences Research Journal 3(8): 90-104.
In Challenging The Rules(s) of Law: Colonialism, Criminology and Human Rights in India
  • Arvind Narrain
Narrain, Arvind. 2009. "'That Despicable Specimen of Humanity': Policing of Homosexuality in India. " In Challenging The Rules(s) of Law: Colonialism, Criminology and Human Rights in India, edited by Kalpana Kannabiran and Ranbir Singh, 48-77. London: Sage. ---. 2010. "A New Language of Morality. " Indian Journal of Constitutional Law 4: 84-104.
The Right that Dares to Speak its Name. Naz Foundation Vs. Union of India and Others: Decriminalising Sexual Orientation and Gender Identity in India
  • Arvind Narrain
  • Marcus Eldridge
Narrain, Arvind, and Marcus Eldridge. 2009. The Right that Dares to Speak its Name. Naz Foundation Vs. Union of India and Others: Decriminalising Sexual Orientation and Gender Identity in India. Bangalore, India: Alternative Law Forum.
Gestalt Concepts as Applied to Social Change Intervention
  • Edwin C Nevis
  • Joseph Melnick
Nevis, Edwin C., and Joseph Melnick. 2012. "Gestalt Concepts as Applied to Social Change Intervention. " In Mending the World: Social Healing Interventions by Gestalt Practitioners Worldwide, 2nd ed., edited by Joseph Melnick and Edwin C. Nevis, 25-43. Santa Cruz, CA: GestaltPress.
The Offical Quarterly Edition of the
  • Nujs Law Review
NUJS Law Review. 2009. The Offical Quarterly Edition of the NUJS Law Review 2(3).
A Mother and a Judge Speaks Out on Section 377.” Times of India
  • Leila Seth
Seth, Leila. 2014. "A Mother and a Judge Speaks Out on Section 377. " Times of India, January 26. Accessed June 1 2020. https://timesofindia.indiatimes.com/ articleshow/29383723.cms?utm_source=contentofinterest&utm_medium= text&utm_campaign=cppst
Empathy in Psychotherapy: How Therapists and Clients Understand Each Other
  • Frank-M Staemmler
Staemmler, Frank-M. 2012. Empathy in Psychotherapy: How Therapists and Clients Understand Each Other. New York: Springer.
SC Judgment on Section 377: A Flawed Pre-retirement Order Written in a Rush
  • Rajeev Dhavan
Love in Law: The Indian Supreme Court Decides in Favour of LGBT Persons
---. 2018a. The Empty Chair: Tales from Gestalt Therapy. Abingdon, UK: Routledge. ---. 2018b. "Love in Law: The Indian Supreme Court Decides in Favour of LGBT Persons. " CMI Brief 2018:06. Bergen, Norway, Chr. Michelsen Institutt. Accessed June 1, 2020. https://www.cmi.no/publications/6678-love-in-law-the-indiansupreme-court-decides-in.
Foreign Jurists to Spread Awareness on Homosexuality
  • India Times Of