Changing Perpectives of Homosexuality in India

The discrimination against sexual orientation is protected under the analogous ground of s.15 (1) of Charter. In this case, an Act created a distinction on the analogous ground against gays, lesbians and other disadvantage groups and resulted in disadvantage. The s.15 (1) of Charter guarantee equal protection and benefits before and under the law without discrimination but in this case the human right law did not equally benefited or protected the gays and lesbians. Furthermore, if there is any law that discriminate some individuals or groups of people, the equality rights protects them from that discrimination. For instance, without the equality rights, people like Vriend would not have received equal treatment. It is also relevant because the SCC had set the precedents for lower courts and decision prevent further discrimination against

On June 26, 2015, the U.S. Supreme Court removed the ban on same-sex marriage nationwide. On July 15, 2015, Kenneth Jost published an article named “Will there be more gains after marriage ruling?” In this article, Jost discusses the viewpoints of the general public and argues that there may still be a struggle to gain full rights and respect for lesbian, gay, bi-sexual, and transgender (LGBT) people. The article covers the reaction of the public on June 26, along with politicians stand-points on the subject, and the Caitlyn Jenner controversy. Jost’s main argument is that LGBT people are not being protected by the government, even though they have gained the right to marry.

In as much freedom for expression and belief I essential for every citizen within a state, it is critical to ensure that the general conduct of the citizens is right and also very ethical. Homosexual behavior is not proper, and it affects the morals and conducts of a nation. It destroys the rapport of the society. This is a destruction of the law of nature that is even against the religious beliefs and the general culture of any nation (Hermann, 2016). It is essential to give the citizens the right that they deserve. However, it is important to ensure that freedom never exploited to the extent that it corrupts morals and good conduct. I support the Texas ruling that demands it unlawful for two people of the same sex to engage in the intimate sexual conduct. It is right to say that individuals make offense when engaging in sexual intercourse with an individual of the same sex. The prohibition of gay and lesbianism is not a denial of liberty for the citizens (Goldberg

Lewin was the first widely publicized court case that changed the conversation surrounding queer couples.[footnoteRef:50] Baehr v. Lewin was a lawsuit in which three same-sex couples argued that Hawaii's prohibition (enacted after the passage of The Defense of Marriage Act) of same-sex marriage violated the state constitution. Although it was a case regarding legal action, it expanded on claims surrounding the institutions marriage (including the legality of non-procreative relationships). It questioned not only if queer relationships are legitimate, but led to public recognition to the commitment of the three couples involved. In most discussions of Baehr v. Lewin, one couple was referenced as a couple of “thirty some years”, giving it not only legitimacy, but a relatability that most queer cases didn’t have previous to the Baehr case.[footnoteRef:51] [50: Clark, Andrew. 2011. "Falling through the Cracks: Queer Theory, Same-Sex Marriage, Lawrence v Texas, and Liminal Bodies. “Disclosure no. 20: 24-43. Academic Search Premier, EBSCOhost (accessed March 23, 2016).] [51:

The legislative landmark was preceded by the 2009 addition of sexual orientation to hate crimes

Although one’s culture is based on their experiences they have had, it is also based on values of family and education that help shape one’s opinion and view.

Culture is one of the most relevant elements that can define not only a society but also a country’s cumulative beliefs and system. Often noted as the origins of a country, culture is definitive in the sense that it harbors all the elements that can provide justification on the traditions and norms set by the society for its members. More often than not, the society members follow norms in order to create a harmonious community, and the beliefs and the traditions serve as the poles or grounding rules for each member to follow. Culture is very dynamic in the way that it can change over a variety of foreign influences but what is permanent about it is that original elements about it often lingers with the influences, therefore making it multi-faceted and broad. More importantly, culture serves as an individual and unique trait each society has, and therefore sets it apart from other countries and other societies.

Several factors affect the formation of one’s culture, Palispis, E. (2007) quoted Sir Edward Tylor, “Culture… refers to that complex whole which includes knowledge, beliefs, arts, morals, law, custom, and any other capabilities and habits acquired by man as member of society.” (Palispis, E., 2007) In this context culture is something we acquire from the people we have lived with since we were born, it is not something a person can learn overnight nor can be disposed effortlessly.

In the world we live in today, culture always is affecting how people view the world and other people. Culture has become more evident and effective in today’s society, in how we view others and the world. Robert Lake’s short story, “An Indian Father’s Plea,” displays the extent to which culture shapes a person. In the culture of

For Australian law to be effective it must be dynamic so it can reflect changing societal views, which law reform can help attain. A significant area of recent social change is the acceptance of same-sex relationships in Australian society. To mirror this, current law reforms have been somewhat effective in achieving just outcomes regarding the recognition of same-sex relationships in Commonwealth law. The combination of official recognition of same-sex relationships to an extent, attempts at removing discrimination in legislation, and the delay of justice denotes this. Considering the achievement of justice and the protection of individual’s rights, it is evident that law reform has significantly improved recognition of same-sex relationships, but there are more essential responses that need to be enacted.

“I am well aware, that I speak of a country containing congeries of races, religions and languages, and I know well the difficulties thereby created but these difficulties can only be overcome by the Indians. We are mindful of the rights of the minority. On the other hand, we cannot allow a minority to place a veto on the advance of majority”

In our society today, culture is not what it used to be hundreds of years ago. There is no more “pure” culture. Our culture today is enriched with many different traditions and customs that are being shared and adopted. Due to emigration and immigration, a variety of diverse customs, beliefs, and knowledge moved with every exiting and entering human being. Thus, changing and shaping the culture of many. Throughout the world, the beliefs and religious views of culture are dissimilar around the world. By taking the time to read, listen and learn about certain people’s culture, there will be knowledge and understanding that will be gained.

India's diversity has inspired many writers to pen their perceptions of the country's culture. These writings paint a complex and often conflicting picture of the culture of India.

As such, firsthand approach to Indian tradition is lacking at large, and the idea of tradition being through the media of interpretative tradition has engendered the danger of a distorted view of tradition. The distortion often swings between two extremes – either in viewing tradition as Everything, or as Nothing.

We have perused in the past sections that there are numerous minority communities in India and our constitution itself has made numerous laws for them to shield their society and to give them education and to help them in different approaches to carry on a content and safe lives. The Indian Constitution guarantees "justice, social, economic and political" to all citizens. The Indian Constitution has additionally embraced measures for the security of the privileges of the religious and ethnic minorities and of the socially and economically burdened classes, for example, the scheduled classes and scheduled tribes. For example,