BRIDGING THE GAP BETWEEN UNIFORM CIVIL CODE AND LEGAL PROTECTION TO QUEER COMMUNITY

AUTHOR – NIRBHAY ARORA, STUDENT AT SCHOOL OF LAW, CHRIST (DEEMED TO BE UNIVERSITY), BENGALURU

BEST CITATION – NIRBHAY ARORA, BRIDGING THE GAP BETWEEN UNIFORM CIVIL CODE AND LEGAL PROTECTION TO QUEER COMMUNITY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 234-242, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The longing for the creation of Uniform Civil Code has not only drawn deliberations on the integration of society whilst questioning the inclusivity of the queer perspective but also how people belonging to such segregated or marginalized sections would be able to enter spaces of public discourses. Such dialogues pertaining to their rights of marriage and to have a family, such as right to adopt and custody amongst others which are tenets of legal protection accorded to any other people but not them. Through this research paper, the author attempts to critically analyze such multifaceted discourse surrounding the right to marriage and the right to institute a family afforded to queer people and whether or not comprehensive legislation like uniform civil code could cater to such an inclusive practice which has not yet been explored under the ambit of personal laws in India. Through detailed research henceforth conducted, it was found that neither of the personal laws protects any interests or rights of queer persons pertaining to marriage and adoption, and the invisibility of such secluded people from their legal protection stems from social and cultural considerations in the country. In light of the same, Uniform Civil Code may correct anomalies of personal laws to include queer persons and such inclusivity is the need of the hour.

Keywords: LGBTQIA+, Queer Community, Right to Adopt, Right to Marry, Right to Institute Family, Uniform Civil Code