INTRODUCTION
The LGBTQ initials are not just a collection of letters, these letters are history embodied that represents the identities of a powerful and colourful community. It tells about the LGBTQ[1] Rights Movement and reminds us of the victories that have been a long time coming and have not been easily won. The terminology used in history to describe sexuality and gender lacked the specificity that exists in the modern world. The term “homosexual” was coined in 1869 by a Hungarian doctor Karoly Maraia Benkert, but before that, the word “sexual inverts” was used by a British sexologist for the ones who would identify themselves as gay or transgender. Similarly, German scholar Karl Ulrichs would use the term “Urning” to describe the third gender existing. In the mid-twentieth century, homosexual activists preferred the term “homophile” as it seemed a more neutral and acceptable option and positively affirmed the same-gender attraction by removing the word “sexual.” The term “Lesbian” was associated with the poem of Sappho whose surviving writing lyrics described an erotic love and attraction between women and “Gay” emerged as an underground term in the early-twentieth century. In present times the word “gay” refers to men who are attracted to men whereas historically it was a broad term that encompassed the entirety of the modern LGBTQ community. With time different versions of initialism have nuanced its way of defining people’s experience of gender and sexuality. One expanded version is LGBTQQIP2SAA, which stands for lesbian, gay, bisexual, transgender, queer, questioning, intersex, pansexual, two-spirit, asexual, and ally.
ISSUES
India is a land of rich cultural tapestry woven with diversity, customs, and traditions. These myriad customs and traditions are tied with religious beliefs and this diversity has led to varying attitudes towards LGBTQ individuals across the regions and communities. In India, there are some cultures that have a long history of accepting diverse genders Nairs of Kerala have historically recognized alternative sexual orientations but there are still complex issues stemming from cultural norms, customs and traditions which make it difficult for this community to live in peace. There is a third gender identity association named the Hijra community which is historically rooted in India and has often faced discrimination and marginalization.
India strongly emphasizes on sacred bond of family community and marriage[2]. Family customs and traditions are significantly impactful to an individual’s attitude and understanding and this plays a significant role in shaping attitudes towards LGBTQ individuals. For example: In India, marriage is a sacred bond between male and female and the ultimate objective of a marriage is to procreate, this bond cannot be broken as only death can do apart the wedded couple. This idea of marriage poses a challenge for LGBTQ individuals as they cannot conform the societal expectations and society does not respect their stand and decisions if two same-sex people want to get together and tie themselves into a sacred bond of marriage. Similarly, the culture that dictates marriage also dictates that reproduction is central to one’s identity and this leads to stigma and pressure on this community. In order to end these issues, there is a need for a multi-faceted approach that respects the diversity of Indian society, and advocates for policies that recognize the rights and dignity of all individuals, regardless of their sexual orientation and gender identity.
HOW CAN UNIFORM CIVIL CODE RESOLVE THIS ISSUE?
As we know the LGBTQ community’s struggles for rights have gained momentum in recent few years as it challenges the societal norms and advocates for equality. The probable solution to this issue seemed to be an implication of the Uniform Civil Code in India.
The Uniform Civil Code[3] (UCC) stands as a significant and highly debated topic in the context of India’s diverse cultural, religious, and legal landscape. The idea behind UCC is to provide a common set of civil laws that would apply uniformly to all citizens, irrespective of their religious beliefs or personal customs, the UCC seeks to harmonize various personal laws governing matters like marriage, divorce, inheritance, and property. UCC is enshrined in Article 44 of the Directive Principles of State Policy in the Indian Constitution.
India has a diversified society that is home to multiple religions, each with its own set of personal laws that govern various aspects of a person’s life. These laws are often shaped by religious practices, customs, traditions, and the personal faith of the masses. The UCC aims to replace these distinct personal laws with a common set of rules, fostering equality, social justice, and gender empowerment. By doing so, it intends to eliminate disparities and bring about a more inclusive legal system.
The implementation of UCC in the Indian legal system will also give voice and equality to the minorities like LGBTQ+ community, though the primary purpose of UCC is to harmonize personal laws across religious communities its impact can also extend to marginalized communities. UCC[4] will pave the way for greater social acceptance of the LGBTQ+ community by granting them certain rights such as equal treatment under the law, inheritance, marriage and adoption rights, and protection from any sought of domestic violence the discriminatory practices against such communities and groups would be suppressed in the society and their legal recognition in this way would send a powerful message that the state acknowledges and respect the diverse forms of relationships, fostering a more inclusive society.
CONCLUSION
The discussion surrounding LGBTQ rights and the Uniform Civil Code reflects the evolving nature of Indian society and its legal landscape. Both the issues are intertwined, and the principles of equality, inclusivity and human rights are reflected. It is an imperative approach to discuss with sensitivity and recognize the diverse needs and aspirations of various communities. With this evolving step Indian society will become more inclusive and provide a safe space for this community. A future of LGBTQ individuals with equal rights under a thoughtful Uniform Civil Code could be a testament to India’s commitment to justice, equality, and progress.
Author(s) Name: Anchit Bharti (University Of Petroleum and Energy Studies)
References:
[1] Sruthi Darbha Mulla, ‘Tracing the history of pride and LGBTQ rights in India’ (The Hindu) >https://www.thehindu.com/news/international/tracing-the-history-of-pride-and-lgbtq-rights-in- India/article66989326.ece/ accessed on 19th August
[2] Kanav Narayan, ‘Queering the Discourse around UCC and Marriage laws in India (Jurist)> https://www.jurist.org/commentary/2021/07/kanav-narayan-queering-discourse-ucc-marriage-laws/ accessed on 19th August 2023
[3] Narender Subramanian, ‘India needs to debate the component of the progressive uniform civil code’ (The Wire)>https://thewire.in/communalism/components-of-the-progressive-uniform-civil-code/accessed on 19th August 2023
[4] Ankush Kumar, ‘India to consider reforms to countries Uniform Civil Code’ (Washington Blade)>https://www.washingtonblade.com/2023/07/31/india-to-consider-reforms-to-countrys-uniform-civil-code// accessed on 19th August 2023
