LEGAL REALISM IN INDIAN COURTS : FROM RIGHT TO PRIVACY TO SAME SEX RIGHTS

Abstract

This paper explores the influence of legal realism on the evolution of constitutional jurisprudence in India, focusing on the landmark shift from the recognition of the right to privacy in Justice K.S. Puttaswamy v. Union of India (2017) to the decriminalization of same-sex relations in Navtej Singh Johar v. Union of India (2018). Legal realism, with its emphasis on the real-world consequences of judicial decisions and the role of social, political, and moral factors in shaping law, serves as a powerful lens to understand how Indian courts have responded to changing societal norms and individual rights. By analyzing judicial reasoning, dissenting opinions, and the broader socio-political context, this study highlights how Indian judges have moved beyond formalistic legal interpretations to adopt a more pragmatic, rights-oriented approach. The paper argues that this shift reflects an emerging realist tradition in Indian constitutional law—one that acknowledges the lived realities of marginalized communities and actively engages with contemporary human rights discourses.