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Critical Analysis Of Social Tradition And Customs With Changes In Respect To Lgbtq+ Community With UCC Perceptive Of Same Sex Marriage

This study looks deeply into the complex interplay between social traditions, transformative transformations, and the experiences of the LGBTQ+ community. The study critically navigates the developing landscape through a specific lens: the potential impact of a Uniform Civil Code (UCC) on same-sex marriage. Beginning with a thorough investigation of the historical setting, it reveals layers of societal shame, prejudice, and the difficult journey to acceptance.

The study, which spans socio-cultural transformations, gives light on the processes that drive and hinder the acceptance of the LGBTQ+ population. A key chapter discusses the situation of transgender rights in India, including legal frameworks and societal attitudes. It examines the influence of acceptance and exclusion on the physical and emotional health of the LGBTQ+ population with widespread issues of bullying and violence. Moving on to media depiction, the study examines its function in molding public opinion and attitudes, assessing its ability to challenge stereotypes or perpetuate damaging myths.

Transitioning to the probable influence of a Uniform Civil Code on same-sex marriage, the study delves deeply into legal frameworks and historic case laws, extracting crucial insights. In summary, this study provides a riveting trip through the LGBTQ+ community's various experiences, including critical examinations of historical backgrounds, legislative frameworks, social transformations, and media influences. It aims to inform both scholarly discourse and practical activities that promote inclusivity and understanding.

Introduction

Together, culture and social development encompass a wide variety of human innovation. Not all activities classified as "leisure" fall under these scientific categories.The LGBTQ community has seen tremendous positive changes in societal and cultural attitudes, increasing acceptance and belonging while lowering stigma. Legal triumphs, such as marriage equality and enhanced anti-discrimination legislation, guarantee equal rights and protections.

Media portrayal challenges preconceptions and broadens cultural diversity. Family dynamics have changed as there has been more support for LGBTQ individuals, which has contributed to improved mental health. Educational efforts seek to promote understanding while combating discrimination. Advances in transgender rights and LGBTQ political advocacy represent progress. Despite progress, recurring problems emphasize the significance of continuing efforts for equality and awareness.

Historical content of LGBTQ

Ancient India valued and cherished all types of love. Indian holy writings feature homosexual characters and themes, yet stay neutral on the topic of homosexuality.The Rigveda uses the phrase Vikriti Evam Prakriti, which indicates that what appears abnormal is also natural. In the KamaSutra, lesbians were referred to as "Swarinis" and frequently married and had offspring together. The Khajuraho Temple in Madhya Pradesh, founded in the 12th century, is well-known for its sensual sculptures depicting homosexual sexual flexibility.

During the Middle Ages, homosexuality was considered taboo, but LGBT individuals were not stigmatized. Society was accepting of their diverse sexual choices.In 1861, upon the arrival of the British Article 377 of the Indian Penal Code criminalizes "against the order of nature" sexual behavior, including gay activities.

The Roman Catholic Church saw non-procreational sexual acts as immoral. Shakuntala Devi's 1977 book, The World of Homosexuals, was the first study on homosexuality in India. The article highlighted the importance of "total and complete acceptance," rather than tolerance and sympathy. The initial petition against Article 377 was submitted by AIDS campaigner Bhedbhav Virodhi Andola in 1994, but it was finally turned down.

In 2001, the Naz Foundation challenged Section 377 in the Delhi High Court, claiming that it breaches fundamental constitutional rights. In 2009, the Delhi High Court decided that Section 377 was unconstitutional, paving the way for greater inclusiveness for the LGBTQ+ community.

But challenges continued as critics led by figures like Suresh Kumar Koushal challenged the decision, which led to a protracted lawsuit that reached the Supreme Court. Despite a setback in 2014 when a petition for reconsideration was rejected, the LGBTQ+ community continued to fight for rights.

In 2017, the Supreme Court recognized the right to privacy, including sexual orientation. A strong fight for LGBTQ+ rights. In 2018, the Supreme Court invalidated the criminalization of gay activities under Section 377, a significant step forward for LGBTQ+ rights in India.In 2019, Parliament recognized the Transgender People's Rights Bill, marking another step towards equality.

The measure has been criticized for its inadequacies, particularly in addressing the different needs of the transgender community2020. In 2015, the Ministry of Social Justice and Empowerment updated regulations to better support the transgender community. These steps include access to vital health care and government-funded help for gender reassignment surgery. While these milestones indicate substantial progress.

Transgender rights in India

Transgender individuals who deviate from conventional gender stereotypes of the male-female-only binary have different appearances, personality traits, and behaviors. Unfortunately, this deviation opens them up to social oppression, whose gender identity is often not accepted, leading to physical violence. The challenges they face include educational barriers, unemployment, homelessness, inadequate access to health care, depression, alcoholism and widespread discrimination.

The Constitution of India gives special rights to Transgender people because it recognizes the need to protect their rights. In addition, the Supreme Court recognized them as the third gender and implemented social measures to meet their multifaceted challenges.

The Bill, which was introduced in the Rajya Sabha on 12 December 2014, received unanimous approval on 24 April 2015, marking an important milestone in India's legislative history. Tamil Nadu Member of Parliament Tiruchi Siva was instrumental in co-sponsoring that Private Members' Bill, which was supported by both sides of the political spectrum.

Therefore, April 24 has now been declared as Transgender Day to celebrate the successful passage of the bill in the Rajya Sabha.This legislation is primarily aimed at ensuring the substantive rights of transgender people. It addresses key aspects including equality, non-discrimination, individual freedom, freedom of expression, community life, integrity and protection against torture, cruelty, exploitation, violence and exploitation. There is a special provision dedicated to protecting the rights of transgender children.

The bill comprehensively covers important areas such as education, employment, social security and health care. In particular, the Department of Education requires the government to ensure an inclusive educational environment for transgender students, and this extends to adult education opportunities. In the field of employment, particular points focus on the development of vocational training and self-employment systems for transgender people. Importantly, the bill explicitly prohibits discrimination against transgender people, whether in public or private institutions.[1]

Understanding acceptance and exclusion

The complex dynamics between social attitudes and the acceptance or rejection of individuals in the LGBTQ community are evident in various aspects of society, including employment, family dynamics, education, religious institutions and broader cultural norms. Negative beliefs, often expressed as stigma, serve as a basis for exclusion and discrimination, reinforcing harmful stereotypes that label LGBT people as unhealthy, immature, unprofessional, sinful or undesirable in certain cultural contexts. This anti-LGBT stigma is not only possible shapes individual perceptions, but also permeates the structures of society, influencing the design and implementation of laws and policies.

The consequences of such stigmatizing and discriminatory measures can lead to marginalization and marginalization of the LGBT community, preventing their inclusion in all aspects of society.On the other hand, acceptance is an effective tool to combat these harmful effects. This includes positive and inclusive societal beliefs about LGBT people and supportive attitudes toward laws and policies that protect their rights. The Global LGBT Acceptance Index (GAI) is a valuable tool that assesses a country's general societal attitude toward the LGBT population through public opinions, beliefs, and opinions about related rights and policies.

Finally, it increases acceptance among individuals and people alike.The social level is key to breaking down the barriers of exclusion facing the LGBTQ community. Initiatives to challenge and change negative beliefs and promote inclusive laws and policies are important steps towards a society Creating an environment free of discrimination and violence for individuals of all sexual orientations and gender identities to thrive.[2]

Physical and Mental health

The link between stigma, prejudice, and health has been extensively documented globally. The minority stress hypothesis, developed by psychologist Ilan Meyer[3], According to PhD., Williams Senior Distinguished Scholar, sexual and gender minorities encounter unique stress and anxiety due to stigma and prejudice, which differs from the stress experienced by the general population.

In response to instances of prejudice in their life[4] Sexual and gender minorities often experience anxiety and expectation that similar occurrences will occur again. This expectation can cause hypervigilance in one's environment, relationships, and interactions even if stigma or prejudice are not present[5]. Individuals may lower their self-esteem due to bias from others.[6]

Bullying and Violence

Bullying, violence, and harassment are all ways that LGBT individuals can be excluded.[7][8] A research in Thailand found that half of self-identified LGBT students experienced bullying, which resulted in higher absenteeism, dropout rates, and mental and physical health issues.[9] 20 The Inter-American Commission reports that LGBT individuals are subjected to severe abuse and violence. [10]

The UN Independent Expert on the Protection Against Violence and Discrimination based on Sexual Orientation and Gender Identity reports that such violence happens globally.[11] Although LGBT persons face violence, there is currently no way to track it on a country-by-country basis. We lack a global definition of violence and a means to collect statistics, hindering our ability to study its impact on LGBT social acceptance. An LGBT acceptability index can educate conversations on the relationship between violence and acceptance of LGBT persons.

Media portrayal of LGBTQ

Media portrayals shape individuals' self-perception and expected behaviors, as previously indicated. Today's film creations reflect a more inclusive and modern vision, unlike in previous decades.Several media platforms have been used to raise awareness and support for the community over time. LGBTQ individuals have spoken out against violations of their human rights, including the ability to live without harassment, choose a partner, and have a family. Bombay Dost, India's first homosexual magazine, was published in 1990. Furthermore, the editors of the magazine founded the Humsafar Trust, which collaborates with the government to offer healthcare We provide support services to the LGBTQ community.

The LGBTQ movement has received extensive media coverage, including pride walks and community mobilization programs by government and non-government organizations, such as peer counseling and workshops. LGBTQ media content influences gender identity, self-perception, and social acceptance. Measuring audience reactions to LGBTQ+ content in the media can provide insight into the community's social perspective.

Reactions can vary depending on characteristics such as sexual orientation and gender identity. According to Gillig (2016), viewers typically become emotionally invested in the tale and characters, and identify with topics connected to their social groups. The media can assist gauge the majority sentiments about the town you can also impact it.[12]

The current civilization is gradually turning into a more inclusive setup. While mainstreaming LGBTQ programming reflects audience preferences, there is still much work to be done. Gender identity and self-perception should not only be discussed inside the LGBTQ community, but also in broader social contexts. Both conventional and new media must assume in In modern times, there is a greater emphasis on sensitizing people to important concerns that affect the community, as well as focusing on sub-sects within the society that have either been disregarded due to ignorance or on purpose. There is a greater need to raise awareness among journalists and content makers about the LGBTQ population. These thought leaders can then promote the cause.

UCC and Same Sex Marriage

The Uniform Civil Code (UCC) envisions a standardized legal framework that incorporates personal religious and civil rules from all religions in India[13]. This project attempts to develop standard personal laws, promote secularism, and replace the various personal laws based on religion, race, caste, and so on. The UCC attempts consistency in areas like as marriage, divorce, succession, adoption, guardianship, and property division for all citizens, while also prohibiting discriminatory practices. Furthermore, the idea for a UCC focuses on protecting women's rights throughout India's many religious sects.

India is a land rich in culture, customs, and religious beliefs. Every individual has the right to select their religion and the personal laws that govern them. Legalizing homosexual marriage in a country where personal decisions are based on religion and customs is a difficult task. In India, neither religion nor custom accepts same-sex marriages. Customs and society oppose such marriages. As a result, it is necessary to raise public knowledge of this concept and provide time for people to acclimate to such a modern society.

With increased cultural awareness, more rigorous legislation are required to recognize and safeguard same-sex marriages. The Law Commission addressed the central government in 2017 by presenting a report calling for the legalization of same-sex marriage under the Uniform Civil Code. The proposal expands the definition of marriage to encompass unions between a man and a woman, a woman and another woman, and unions between transgender people. Furthermore, the document defines partnerships as cohabitation among people of any gender combination. Allowing same-sex marriage under the UCC is viewed as a positive move, with possible benefits to the legal system.

The enforcement of UCC will result in the renunciation of personal law, removing the barrier to the solemnization of same-sex marriages and providing their offspring the right to inheritance. A same-sex couple can benefit from legislative protection under the UCC. They can sue anyone who infringes on their rights as a married couple. Registration of same-sex marriage will pave the door for adoption, inheritance, and custody of child/children.The partnership can be formed as a pair, imposing rights and obligations in the marriage and assisting in a divorce. The same-sex couple will raise their own family by adopting a child or using surrogacy. It gives them the legal right to contact with Surrogates for themselves, regardless of sexual orientation. UCC can assist recognize such couples and protect them from societal harshness.

Judicial Analysis

NALSA v. Union of India[14]

The decision enabled transgender people the ability to self-identify their gender without the need for medical or surgical interventions, a break from prior conventions. The court emphasized the values of equality and non-discrimination inherent in the Indian Constitution, ensuring that transgender people have the same fundamental rights as all other citizens.

Furthermore, the verdict required the government to adopt aggressive measures for the social and economic acknowledgment for transgender people, rectifying historical injustices and encouraging their integration into various parts of society. In order to help the transgender population and eliminate socioeconomic gaps, the court advocated affirmative action, which included reservations in education and employment. This breakthrough moment in Indian jurisprudence was critical in breaking down barriers, promoting inclusivity, and advocating for the transgender community's rights in the face of longstanding discrimination and marginalization.

Navtej Singh Johar v. Union of India[15]

A watershed moment in India's LGBTQ rights movement. On September 6, 2018, the Supreme Court issued a landmark decision that decriminalized consensual same-sex relationships between adults, repealing the outdated Section 377 of the Indian Penal Code. This significant ruling recognized LGBTQ rights unequivocally, with the court underlining that sexual orientation is an integral component of individual identity that should not be used to discriminate against anyone. The decision, indicating a commitment to constitutional values, affirmed the right to privacy and dignity, stating that consensual relationships between adults in private are beyond the scope of official intervention.

Addressing historical injustices, the judgment recognized the necessity to correct past wrongs, saying a commitment to LGBTQ inclusion and equality. Furthermore, the verdict relied on international human rights principles, aligning India with global efforts to recognize and protect the rights of the LGBTQ population. Navtej Singh Johar v. Union of India is widely recognized as a watershed moment, ushering in a more inclusive and welcoming legal framework while also reinforcing the concepts of equality, dignity, and individual freedom for the country's LGBTQ community.

Lata Singh v. State of Uttar Pradesh[16]

A significant judicial case in India, representing the critical junction of personal freedom and the ability to choose one's life mate. The verdict, issued by the Supreme Court of India on March 19, 2006, emphasizes the basic importance of the ability to choose a life partner as an integral feature of an individual's fundamental rights.

The court emphasized the constitutional guarantee of the right to life and personal liberty under Article 21, and vehemently defended adults' autonomy to make choices about their personal relationships, claiming that state interference is unwarranted unless there is a specific law regulating such choices. The decision also recognized the delicate balance between society and familial considerations and the individual's right.The freedom to choose one's life partner emphasizes the constitutional protection afforded to these fundamental rights.Frame it in a nice and attractive style.

Safin Jahan vs. Ashokan K.M.[17] case

A watershed moment in Indian law, centers on the critical concerns of religious conversion and individuals' rights to freely select their faith and life partners. Hadiya, formerly known as Akhila Ashokan, had converted to Islam and married Shafin Jahan. The Kerala High Court invalidated the marriage, noting concerns about coerced conversion and doubting Hadiya's ability to make independent decisions. Shafin Jahan responded by appealing the decision, which took the case to India's Supreme Court. In a landmark decision in March 2018, the Supreme Court unanimously overturned the Kerala High Court's ruling to annul the marriage. The decision emphasized the basic right of adults to choose their religion and life partners, emphasizing individual autonomy as a key component of these decisions. It emphasized that the state has no right to impose personal religious and marital decisions.

Crucially, the court upheld Hadiya's position as an adult with the inherent right to select her religion and life partner, underlining that her willingness to marry was freely. The verdict criticized the Kerala High Court's action, stating that it should not have intervened with an adult's choice of faith and marriage unless real concerns of coercion or undue influence were established, which were not in this case.The Safin Jahan vs. Ashokan case stands out for advocating the fundamental rights of adults, reaffirming the ideas of individual autonomy and the unrestricted Freedom of choice in faith and marriage.

Conclusion

This in-depth look into the LGBTQ+ community's narrative uncovers a story of survival, transformation, and an unflinching quest of equality. The examination of societal attitudes through the lens of social traditions and customs reveals a dynamic evolution toward greater acceptance, with the potential impact of a Uniform Civil Code (UCC) on same-sex marriage introducing an important legal perspective into the ongoing struggle for recognition and rights.

The LGBTQ+ community's historical experience exemplifies collective strength, overcoming adversity, and questioning traditional conventions. The pursuit of acceptance and inclusion, which is deeply ingrained in their lives, has laid the groundwork for a more tolerant and understanding society. Nonetheless, it is a journey punctuated with milestones of advancement.

an uncompromising call for greater societal transformation.The paper examines transgender rights in India and highlights the essential interaction of legal frameworks and cultural perceptions. The investigation of acceptance and exclusion reveals the tremendous impact on the well-being of the LGBTQ+ community, with bullying and violence surfacing as salient concerns that require immediate collective response.Turning to media portrayal, the research emphasizes its powerful impact in shaping society perceptions. The call for responsible media practices resonates as an important step toward promoting diversity and removing harmful stereotypes.
The study analyzes the potential impact of a UCC on same-sex marriage by dissecting legal frameworks and extracting insights from historic case laws, magnifying the continuing dialog surrounding LGBTQ+ rights and pushing for equal status under the law.

In conclusion, this research is more than just a chronicle of struggle; it is a statement of triumph, perseverance, and an unwavering commitment to a more inclusive and fair future. The LGBTQ+ community's narrative, braided with hope and progress, invites society to help shape a future in which acceptance is universal, rights are equitable, and diversity is embraced.

End Notes:
  • What are the Rights of Transgender in India, India, available at: https://blog.ipleaders.in/legal-right-of-rights-of-transgender-india/ (Last visited January 10, 2024).
  • Social Acceptance of LGBT people in 174 Countries 1981 to 2017, available at: Global-Acceptance-Index-LGBT-Oct-2019.pdf (ucla.edu) (Last Visited January 12, 2024).
  • lan H. Meyer, Williams Distinguished Senior Scholar for Public Policy, Williams Institute, UCLA School of Law.
  • Gregory M. Herek, Confronting Sexual Stigma and Prejudice: Theory and Practice; Gregory M. Herek, Sexual Stigma and Sexual Prejudice in the United States.
  • Jennifer Crocker. Social Stigma and Self-Esteem: Situational Construction of Self-Worth. Journal of Experimental Social Psychology 35, no. 1 (1999): 89-107 cited in lan Meyer, Prejudice, Social Stress, and Mental Health in Lesbian, Gay and Bisexual Populations: Conceptual Issues and Research Evidence, Psychological Bulletin 129, no. 5 (2003): 674-697.
  • Gregory M. Herek, Confronting Sexual Stigma and Prejudice: Theory and Practice; Gregory M. Herek, Sexual Stigma and Sexual Prejudice in the United States.
  • Gregory M. Herek, Confronting Sexual Stigma and Prejudice: Theory and Practice; Gregory M. Herek, Sexual Stigma and Sexual Prejudice in the United States. Exclusion and stigma have been used interchangeably, see M.V. Lee Badgett, The Economic Cost of Stigma and the United States.
  • Exclusion and stigma have been used interchangeably, see M.V. Lee Badgett, The Economic Cost of Stigma and the Exclusion of LGBT People: A Case Study of India. World Bank Group Working Paper, no. 94040 (Washington, DC: The World Bank Group, 2014).
  • Pimpawun Boonmongkon et al., Bullying Targeting Secondary School Students Who Are or Are Perceived to Be Transgender or Same-Sex Attracted: Types, Prevalence, Impact, Motivation and Preventive Measures in 5 Provinces of Thailand (Salaya: Mahidol University, Plan International Thailand, United Nations Educational, Scientific and Cultural Organization (UNESCO) Bangkok Office, 2014), 81
  • Pimpawun Boonmongkon et al., Bullying Targeting Secondary School Students Who Are or Are Perceived to Be Transgender or Same-Sex Attracted: Types, Prevalence, Impact, Motivation and Preventive Measures in 5 Provinces of Thailand (Salaya: Mahidol University, Plan International Thailand, United Nations Educational, Scientific and Cultural Organization (UNESCO) Bangkok Office, 2014), 81.
  • Inter-American Commission on Human Rights, Press Release 153114: IACHR Expresses Concern over Pervasiveness of Violence against LGBTI Persons and Lack of Data Collection by OAS Member States, December
  • Dr. Divya Jyoti Randev, Role Of The Media In An Unequal World: LGBTQGender Identity And Portrayal, Journal of Media, Culture and Communication 2, no. 1 (Dec 2021-Jan 2022) http://journal.hmjournals.com/index.php/JMCC. ISSN: 2799-1245. Copyright © The Author(s) 2022. This is an Open Access Article distributed under the CC BY license (http://creativecommons.org/licenses/by/4.0/).
  • Uniform Civil Code:problem and prospects , India, available at: Uniform Civil Code : problems and prospects - iPleaders (last visited on January 20, 2024).
  • NALSA vs. Union of India (2014) 5 SCC 438
  • Navtej Singh Johar v. Union of India 2018 INSC 790
  • Lata Singh Vs. State of U.P., AIR 2006 SC 2522
  • Shafin Jahan vs. Asokan K.M. and Ors. (2018) 16 SCC 368

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