Subject: Law and Justice in a Globalizing World

LL.M Batch 2018-2019

A Project Report

Globalisation and its impact on

culture

Submitted by

KHUSHALI SANGHANI (B005)

Under the Guidance of

PROF. SUNIL GEORGE

Specialization: Intellectual Property Rights

Date : 15/09/2018

Signature :
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INDEX CHAPTER PAGES

SR NO.

1. Introduction 3-6

2. Literature Review 7-9

3. Present Scenario 10-18

4. Legal Analysis 19-20

5. Role of Judiciary 21-29

6. Conclusion 30

7. Way forward 31-32

8. Bibliography 33
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INTRODUCTION

THE CONCEPT OF GLOBALIZATION.

Globalization has become one of the most popular buzzword of our

time frequently used by people. Globalization is the increasing interaction of
national economy with that of the First World, which ultimately aims at
creating a state of frictionless capitalism. It is a process of creating a global market in
which increasingly all nations are forced to participate. The process of globalisation
entails that there is interconnection of sovereign nations through trade and capital
flows; harmonization of economy rules that govern relationship among these
sovereign nation; creating structures to support and facilitate interdependent
and creating a global market place.
From the culture point of view, globalization is the process of harmonizing different
culture and beliefs. globalization is the process that eroding differences in culture
and producing a seamless global system of culture and economic values. The
harmonization, is achieved due to advancement in communication and countries are
increasingly being forced to participate. Therefore, globalization can be viewed as a
process of shifting autonomous economies into a global market. In other words, it is
the systematic integration of autonomous economies into a global system of
production and distribution.
The consequent is that the word of separate nation-states is said to be
ending if the process of globalization is allows to run its logical course. The
new technology, based on the computer and satellite communication have
indeed revolutionized our traditional conception of the media, both print and
electronic. Books, newspapers, radio, television and video programme are
now being transpose into the multimedia world of the cyber space and
available to all people of the world wherever they may live.

THE CONCEPT OF CULTURE:

Culture has been defined differently by people. Culture is in the words of
E.B.Taylor,”that complex whole which includes knowledge, belief, art, morals, law,
custom and any other capabilities and habits acquired by man as a member of
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society.” Alternatively in a contemporary variant, “culture is defined as a social

domain that emphasises the practices, discourses, and material expressions which,
over time, express the continuities and discontinuities of social meaning of life held in
common.”
The different definitions attached to culture is based on the differences in the
orientation of the people. Culture is construct used in an attempt to analyse and
integrate events and ideas in broad spectrum of areas of society.
From wider perspective, culture includes the total repertoire of human action which
are socially transmitted from generation to generation. Culture is configuration
of institutions and modes of life. Furthermore, culture is the complex while which
includes knowledge, belief, arts, morals, laws, customs, and any other capabilities
and habits acquired by man as member of the society.
Among the feature that characterize culture is that has its own
personality and identity. The fact that we are human does not mean we are the
same. However, it is noted that every moment, we are being transformed,
always growing like the cell in our bodies. Culture changes exactly the same
way as the human being change. In other words, culture is dynamic.
the transformation of culture is gradual and not sudden. culture is a continuous
process of change. Inspite of the change culture continues to give a community a
sense of dignity, continuity, security and binds society together. Another attribute of
culture is that it is learned, acquired, transmitted or diffused through contact
or other means of communication flow from one generation to another.

Globalisation was introduced in india in 1991 when the Indian government

introduced a set of reforms for the ailing Indian economy to prevent it from going into
further crisis. These reforms were the LPG- liberalisation, privatisation and
globalisation reforms.

Globalisation has its impact in the economic, social, cultural and political ways of
India. the most significant remains the impact of globalisation on the economic
sector. India has seen tremendous growth since 1991.

in 1991, only 10% of the Indian urban population had access to a television. in 2009,
that has increased to a whopping 85%. Cable television has made inroads into the
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Indian household. foreign movies have come and have reflected their culture in it.
this has made a huge impact on the minds of the people. not to mention the easy
availability of internet whose research even extends to rural areas.

the discourse regarding the effects of globalisation on cultural diversity is a

challenging debate. the advancement of technology dissolves international
boundaries and opens cultures to a whole new arena enabling globalisation to occur.
Globalisation can be empowering entity. it can interconnect the world, support
economic development, provide information availability and assist in developing a
global village. there is a paradoxical dichotomy, a tangible undercurrent, when it
comes to globalisation and cultural diversity. on one hand, globalisation has the
potential to mobilise and empower people, provide a means for self representation,
support a collective identity through socialisation and provide employment
opportunities. on the other hand, it has the ability to disempower people by
misrepresentation, provide a process for further colonisation, and propel the loss of
individualism and self and group identity.

GLOBALIZATION AND ITS IMPACT ON INDIAN CULTURE.

Globalization has a wide role to play worldwide. It has left back its footprints at every
sphere of life. Not only in India, but the interchange of world views and ideas has
resulted in a major transformation of the lifestyle and living standard of people
globally. Indian culture is no bar to this transformation process. Our deep rooted
traditions and customs have loosened up their hold with the emergence of
globalization. India has a rich cultural background and pride of its culture is famous
throughout the world. Globalization has not only inculcated the westernization in
India,but conversely the Indian culture has also spread its impact globally. Culture
and traditions of any geographic region hold a special significance with respect to its
uniqueness and that is the differentiating factor for a population within a geographic
boundary from the other. This uniqueness has been disturbed to the varying degrees
in lieu of globalization. Such an impact is very much pronounced when they hit a
developing country like India.
The culture of any country does not only portray the region and language of the
region, but it starts with the mindset and mentality of the residing citizens. Indian
culture is quite rich with respect to its heritage and resources, and more importantly
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due to the welcoming approach of its citizens. India is bouquet of flowers varying
religion, dialect, edibles, tradition, custom, music,art and architecture etc, bundled
into a single unit of patriotism and unity. The common factor within all these
diversities is the Indian mindset of welcoming, greeting, celebrating in a united way
with immense affection and togetherness. This is the rich essence of the Indian
culture that has attracted many foreigners to stay back in India and mingle into its
eternal fragrance. When one analyze this rich culture with the globalization point of
view, it can find many punch holes of westernization and mixing of other traits and
cultures into our beautifully woven blanket.
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LITERATURE REVIEW
ISSN (P): 0976-3635, (e):2454-3411

RJPP, Vol. 15, No. 1, 2017

Globalization and its Impact on Indian Culture
Dr. Triveni Dutt Associate Professor Department of Ag. Extension
S.College, Lakhaoti,
Bulandshahr

The author is of the view that Indian culture is no bar to the globalisation
transformation process. Culture and traditions of any geographic region hold a
special significance with respect to its uniqueness. This uniqueness has been
disturbed to the varying degrees in lieu of globalization. Due to the advent of the
western culture in the country our precious culture and religion is getting diminished.
It is visible and achievable if the people unite themselves to encounter the forces of
modernization and globalization.

The author strongly feels that The culture of any country does not only portray the
region and language of the region; it starts with the mindset and mentally of the
residing citizens. Indian culture which in effect means Hindu culture, Hindu religion,
Hindu society, Hindu civilization, and Hindu way of life are under the lethal threat of
the ruthless forces of Globalization today. According to the author India is a bouquet
of flowers varying religion, dialect, tradition, custom, music, art and architecture etc,
Bundled into a single unit of patriotism and unity. When we analyse this rich culture
with the globalization point of view, we can find many punch holes of westernization
and mixing of other traits and cultures into our beautifully woven blanket. The Indian
culture has never been obsolete; instead it has evolved with time. Our culture has
the strength to combine the good traits of foreign entities that has been in contact
with us from the past and been able to ignore all the negative aspects.

The author focuses on the impact of the culture on the society such as on the family
structure, marriage values, social values, adultery, food clothing and dialet and the
employment and the agricultural sector.
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In the aspect of family values the author focuses on the emergence of nuclear
families especially in metropolitan cities and how the age old concept of joint family
is vanishing at a fast pace in cities given the constraint of space.

The author feels that marriage values are detoriating due to the advent of
globalisation and marriage is no longer a sacred vow but a professional bond or a so
called commitment to be fulfilled.

The social values are declining given the rise of lesser human interaction and many
festivals are losing their importance due to the lack of interest in the authenticity of
them anymore. Not many are interested in having huge celebrations for festivals
given the hectic lifestyle many live in.

Unprecedented interaction and mobility have dented local cultures and Large scale
immigration and a transnational workforce - the product of globalization - is
dispersing cultures across the world, leading to a unified world culture according to
the author.

Thus the author mostly focuses on the negative impact of the globalisation and how
the Indian culture is losing its traditional importance with the growing demand of
being on par with the foreign counterparts. People now try to imitate the global
culture and want to be on par with the rest of the world and that is where the author
feels that the Indian culture is regressing at a fast pace. People are no longer
interested in the values that define our nation but what to find the easy way out to be
in touch with the world. The author concludes with a question as to whether
globalisation is really a curse or a boon. Indian culture has certainly done least in
holding its own relative to the dominant cultures, as the Indian economy has done
relative to the dominant economies. India's cultural identity is not about to be blown
away by western influences even as we become more active players in this
increasingly borderless world. It has been a long-standing complaint that Indian
youth are highly influenced by American and European cultures. With India fast
becoming a truly global environment in terms of economy, food and culture, what
does it take to make sure our youth do not forget the richness of being Indian? With
some positivity of having a generalised knowledge of the culture throughout the
world and the happening and incidences globally, still the major negative impacts are
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quite alarming for our country. Hence, we need to more very cautiously with the
globalization process preserving our nation’s pride and maintain our cultural prestige.
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PRESENT SCENARIO
ADVENT OF TECHNOLOGY

Influence of Information Technology Today the world is witnessing a major shift in

the nature of technology. As we move from desktops to smartphones, make
computing personal, technology is becoming fast, easy, accessible and prominent.
Ten years ago, it would have been hard to imagine reading a book on a computer.
But it is a reality today and no one knows what is going to happen in the next few
years. Quite necessarily, the way we read, research, or write has changed so much
that change is considered a ubiquitous aspect of our life today. This is true even for
students studying in rural colleges in India. Consequently, educational technology,
especially computers and computer-related peripherals have grown tremendously
and have permeated all areas of a student’s life. Not only this, computerized
supervisory systems in schools, offices, malls, banks, factories, hospitals, etc., have
revolutionized the system of traditional management. One of the reasons for this is
the wide range of options that new technology offers. For instance, it is fashionable
for many youth to join social networking sites and these have conversely given them
a space for social mixing in a competitive and busy life. While netizens can maintain
relations with thousands of friends online, sites like Facebook or Orkut also offer the
option to snap ties at will. In other words, new technology today controls human
desire and human relations. Apparently, the use of new technology has positively
contributed to quick dissemination of knowledge and information so vital in today’s
“information society.” Higher educational institutions in India are now trying to
grapple with world standards in teaching and research, and globalization has
positively contributed to the growth of a research oriented teaching in many Indian
universities. A teacher needs to update himself/herself to face tech-savy students
and scholars. He/she also feels the pressure to share research findings in world fora
for public scrutiny. There are many instances of the use of information technology to
make the public aware about instances of corruption, political clashes, or
environmental violation.. At the global level, WikiLeaks have exposed the hidden
agenda of powerful nations and their ruling elites and proved that new technology
can be utilized for the benefit of mankind and world democracy. But it may as well be
argued that information technology has also created a digital divide between its
users and non-users. For many of the Indians living mainly in remote villages,
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information technology is yet a dream. This is because only 27 percent of village

schools in India have electricity, compared to 76 percent of schools in towns or cities
(UNESCO, 2010). Moreover, the quick-changing face of this fast growing technology
has created certain challenges for those using older versions. New technology,
therefore, offers more options to those who can aptly afford to adjust with new
versions in quick succession. For others, such a digital divide leads to the extension
of “competitive inequality”

Mobile Phones, Internet, and Social Networking

The discussion on the influence of new technology on our culture will remain
incomplete if we do not stress on the importance of mobile phones and the Internet
in our lives. The Internet and mobile phones have enlarged our “freedom” of space
and time. Electronic media have made it possible to put human beings in touch with
one another as never before. From this point of view, the new technology has
become helpful in expanding and maintaining a “relational society” even if our
traditional social bonds have become weak. A circulation of cultural objects has
accompanied the global circulation of money and people in the world today. It is
worth noting that the number of cell phones and computer users in India are
increasing sharply every day. As per the Telecom Regulatory Authority of India
(TRAI) statistics, there were nearly 300 million cell phone subscribers in the country
by the middle of July 2008 apart from 39.18 million land phone users. But by October
2010, the number of mobile phone users had crossed 706 million. With this, the total
telephone subscriber base in India, both wireless and wireline connections
combined, touched 742.12 million. As a result, the overall tele-density had reached
65 percent by the end of 2010. Similarly, the Internet as a medium of interaction is of
late growing at a faster rate. Thus, according to Google India, the total number of
Internet users in the country as on December 2010 is 100 million, 40 percent of
whom are mobile Internet users (The Times of India, 2010). During the last three
years, the number of mobile Internet users has gone up from 2 million to 40 million.
With smart phones getting cheaper day by day, one may expect the number to touch
new highs in years to come. It appears that cell phones have ceased to be an elitist
device used as a status symbol now, as even informal sector workers and self-
employed workers like milk-men, vendors, construction workers, drivers, and
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artisans are making positive use of such connectivity to stay informed about better
wages and work options. For many others, cell phones have become a part and
parcel of daily life catering to occupational, personal, emergency, and security
needs. Apart from the increasing need of such devices for greater connectivity,
revolutionary changes in the nature of cell phones (containing multimedia facilities
like music, FM radio, video, camera, voices, text messages, Internet, touch screen,
mobile banking, etc.) including reduction in their prices have also contributed to their
popularity. From one point of view, cell phones empower people to engage in
meaningful communication while allowing privacy, physical distance, and spatial
mobility. Land phones do not provide such opportunities as they are fixed and belong
to the entire family. But at the same time, a cell phone makes a person accessible to
anyone and everyone at every point of time unless he/she switches it off. Many
marketing companies provide cell phones to their employees as a form of
surveillance on them. So, our gains in freedom and autonomy go hand in hand with
countervailing increases in social responsibilities and social control (S. Das, 2008, p.
73). It is also worth noting here that cell phones have converted public sphere into a
“common living room.” Hence, we often feel the need to protect the “public” from the
“private,” particularly during a meeting or public function by asking the users to opt
for the switchoff or silent modes. In certain instances, engrossed involvement with
the cell has resulted in fatal accidents on the road. I have also noticed that people
lose their sense of space, especially when engaged with cell phones. Expressing our
personal feelings (laughter, sorrow, anger, etc.) in public without directing them to
any seen object may make us appear insensitive to such acts. More frequently, such
“autonomy” allows them to speak lie blatantly in public. Do such actions carry no
meaning to the listeners? I aver that such behavior increasingly makes us skeptical
about the claims of others

Increasing Coverage of Film and Music

Globalization of the Indian fi lm and music industry is not new; it began in the late
twentieth century. But today because of technological changes, it has become very
easy to export Indian films worldwide. The effect of globalization of Indian cinema is
applicable not only to Bollywood (the Mumbai Hindi fi lm industry) but also to the
regional fi lm industries of the country. Many Indian films are not only making more
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money outside the home market but also attracting foreign producers, directors, and
actors to the industry. The globalization effect on the industry has resulted in
Western production standards, usage of English in the script, or incorporation of
some element of Western-style plots. Bollywood has also produced films dealing
with the overseas Indian culture. Indian festivals, traditions, and culture have been
acknowledged by people Therefore, filmmakers now aim at reaching out to a wider
audience. For the public or the investors alike, the entry of the cinema industry into
our private space has offered more options. Thus, the frequency and varieties of
films shown on different competitive channels has gone up many times. It is
important for us to note that today because of technological changes, a fi lm reaches
its audience quickly after its release. Even a few decades earlier the practice was to
release a fi lm in certain cinema halls of urban locations only and one had to wait for
months, if not years, to watch it. This was also because of the fact that watching new
films in cinema halls was a cumbersome process due to pressure of crowds. But,
today a viewer has many options to see a fi lm and hence big cinema halls are no
longer required in large numbers. This has not only led to replacement of cinema
halls by small-capacity Inox at multiplexes; quick viewing of films has also made it
possible to spread the social message of films rapidly. Of late, many Hindi and
regional films have been able to provoke public attention at the national level on
social issues like the faulty education system, parental pressure on children,
bureaucratic approach to rural development, spread of corruption and violence, and
so on. On the whole, therefore, globalization has led to increasing coverage of fi lm
industry both socially and economically.

Food Diversity and Cosmopolitan Food

Indians have always celebrated their food diversities and never before in our social
history has ready-made, fast or junk food found so much popularity. It must be noted
here that on an average Indians spent a lot of money on food. Globalization has
made it possible for the “food loving” Indians to look for myriad quality options from
within the country while at the same time opting for cosmopolitan food. Hence, soft-
drinks, pizza, noodles, burgers, rolls, pastries, etc., dominate the food choices of the
younger generation. Similarly, the practice of non-vegetarianism and alcoholism has
also intensified and the rapidly growing fast food and beverage outlets, lounges and
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bars, resorts, clubs, or restaurants offer numerous options to urban Indians and
particularly, to the young generation. The ever-increasing shopping malls and
multiplexes have further contributed to this spread of culture. Changes occurring at
the socio-structural level of Indian society have added fuel to the flames. Fascination
for food is at a new cultural high point also due to the intervention of “television
cooking shows” in India in recent times. Popular television serials like MasterChef
India are making children, the youth, and the old to turn to television for recipes and
anecdotes. Even though these shows had begun as a recipe-sharing platform, today
they have turned into indicators of evolving cultural and culinary tastes. Frankly
speaking, cooking has never been a matter of intense public scrutiny in India, cutting
across sex and age even a few decades back. This is more so for the urban Indian
who are getting addicted to eating outside. All these factors have resulted in the
opening of a large number of food stalls and restaurants in even small towns like
Barddhaman or Bolpur in West Bengal. As a corollary, culinary choices and modes
of public dining have seen rapid changes during the last two decades (Nandy, 2004).
For instance, a report by the Consumer Food Service in India has noted value
growth of over 20 percent in 2006 in the fast food industry. Apart from some major
players like McDonalds, Nirulas, Pizza Hut, and Dominos Pizza, local and regional
fast food chains also witnessed dynamic growth during the period. In big cities, a
new culture of “pubbing” has caught the fancy of the young generation who look for a
mixture of food, music, and crowd. This is more particularly true of those who work
like a “cybercoolie” in the BPO sector and badly require a de-stressing exercise. For
them the day and night experiences are different and their unique style of existence
is forcing them to seek gratification outside their homes. As a result, the £3 billion
Indian restaurant Industry continues to grow despite the recession and galloping
inflation.

Fashion, Body Appearance, and Dress

Along with changes in the food habits and consumption style, significant changes in
the pattern and style of particularly women’s wear and use of cosmetics can also be
noticed today. Though the majority of Indian women still wear traditional costumes
such as sari, salwar-kameez and ghagra-choli, the number of companies
popularizing Western dresses as well as Indian ethnic clothes has swelled
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tremendously in the past few years. In several of the beauty pageant contests,
fashion shows, and media projections over the last two decades, the “show of skin
and beauty” have attempted to build up a new concept of femininity in Asia. The use
of cosmetics, soaps, and detergents has reached all sections of the people of India.
The market and media today transcend the territorial, national, and cultural
boundaries and offer individuals enormous choices and freedom in matters of
cultural and ideological preferences. My research into the changing cultural practices
of urban tribal girls in Tripura, a tiny state of North East India, reveals that exclusive
preference for Western dresses (jeans and shirt/top) now has minimized the
influence of traditional dress called “riya-pachra” in which just two pieces of cloth
were used to cover up the upper and lower parts of the body. Even a decade ago,
the urbanities were seen using the traditional dress in some modified form by
replacing the “riya” with a blouse or shirt with a “dopatta” (a piece of cloth to cover
the upper part of the body). But, the situation has completely changed today. While
discussing such changes we should keep in mind two important factors. First, we
earlier lived in an era of shortages. But today consumers. have choices and
international competition has brought down prices of many goods while increasing
the quality of services. Second, the average urban child in nuclear families today is
brought up amid luxuries and they are allowed more freedom to take decisions at a
younger age. Hence they readily accept a norm that the market popularizes and that
is introduced in the peer circle. Both these factors have resulted in changing the
choices and mentality of our younger generation very fast. The entry of modern
casual dresses, however, does not mean that sari, kurta-pyjama, or other traditional
dresses have no takers. During special occasions and festivities, Bengalis are still
fond of ethnic dresses. And the demand for ethnic and/or “glocal” dresses has
certainly shot up after globalization and exposure to “other” cultures.

FAMILIES:
The joint families have become a strange surprise to the Indians especially to those
residing in the metropolitan cities in the small flat culture with the nuclear families
blooming up like mushrooms in the rain .People have lost the patience to get
adjusted into the joint family, imbibing the values of the elders and getting the young
ones brought up under the shadow of their grandparents. Children have started
treating grandparents like guests or visitors, and such an upbringing is one of the
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main reasons of increasing old age homes, as those children consider their own
parents as burden in their state of adulthood.

MARRIAGE VALUES
Similarly, marriages have also lost their values. It is very much evident from the
increasing number of divorce cases and the extra-marital affairs reported every now
and then. Marriage used to be considered as bonding of the souls which will be
linked even after the death; but today marriage is like a professional bond or a so-
called commitment to share life without compromising their self-interests. The ego
factor into the Indian youth is again a product of globalization.

ADULTERY
Both the genders were kept at a distance, with lot many restrictions and limitations to
the approach for ages in our culture. With the emergence of globalization and
western culture, youth have start mixing up well with each other. The friendly
approach and the socializing feature is worth appreciable. But the total breakouts of
restrictions have adulterated the Indian mindset, playing up with the physical
relationship. This has given birth to new relationships in India like live-in
relationships. Also the increased cases of rape and sexual abuse cases are a result
of the perverted mind which again the imported values very much alien to our mother
culture.

SOCIAL VALUES
Elders have the incorporated values of treating the guests as God, warm-hearted
welcoming, greeting elders with due respect and a celebrating every small festival
with great color of enjoyment and togetherness. Such a wide gathering with full hue
and light can hardly be seen today. People have highly restricted themselves in
social interaction. The interaction in present generation is highly diplomatic
considering the financial status and wealth. People have lost social values and
cheerful blessing of togetherness. The present generations are happier celebrating
Valentine’s Day rather than Holi and Diwali.
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FOOD, CLOTHING AND DIALECT

Indian food, clothing and languages are varied with respect to different states. The
food varies in its taste, but every food has its own nutrient value and every region is
specified and rich in its medicinal preparations with the home remedies. Even the
clothing varies in different states which is very much particular in maintaining the
dignity of woman. The varies cuisines from all over the world though have different
flavors to add, still the food ingredients that have inflicted with much popularity are
the junk food items which has increased the health disorders in the country. Again
the dressing like the suiting’s for the males are an inappropriate match for the Indian
type of climate. The female dresses are again a way of distraction to the perverted
minds.Even the Indians are not very much in favor of promoting their mother tongue
or our national language. Instead the youth today consider it to be a shameful
condition to speak in their national language Hindi. The way the foreign languages
are getting prevalent in India like the French,German and Spanish, right from the
school level, is the example of how much Indian provide importance to Indian
languages in comparison to the foreign ones.

EMPLOYMENT AND THE AGRICULTURAL SECTOR

India was predominantly an agricultural based country. With the advanced
globalization and cropping up of MNCs, the farming has lost its prime value in India.
Agricultural science has the least focus amongst the youngsters who consider
farming as a shameful profession and look down upon the same. Employments
through MNCs have lucrative deals attracting the bulk of manpower who are working
for the other countries as their customer care representatives.
Indians are losing their health and their status and slowly getting to the age of
economic slavery due to these MNCs. This is what the globalization has provided
Indians through their emergence

IMPACT OF GLOBALISATION ON EDUCATION IN INDIA

There is immense effects observed in educational sector due to globalization such
as literacy rate become high and Foreign Universities are collaborating with different
Indian Universities. The Indian educational system faces challenges of globalization
through Information technology and it offers opportunities to evolve new paradigms
shifts in developmental education. The distinction between formal, non-formal and
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informal education will vanish when move from industrial society to information
society takes place. Globalization promotes new tools and techniques such as E-
learning, Flexible learning, Distance Education Programs and Overseas training.

It is observed in current Indian society that through globalization, women have

gained certain opportunities for job options and to recognize women's rights as a part
of the human rights. Their empowerment has given considerable opportunities and
possibilities of improving employment conditions through global solidarity and co-
ordination. It is found that the growth of computer and other technologies enabled
women with better waged, flex timings, and capacity to negotiate their role and
status in home and at corporate level.

Globalization and Erosion of Values

There is a growing influence of global media through television, internet, etc. in

shaping a new culture of young generation all over. The role of social institutions like
family and state in shaping the values, attitude and behavioral pattern is declining
fast. Programming of the global media is largely dominated by U.S. It is feared the
European/US culture with erode and displace other cultures (Choudhary, 2007c).
Family itself is breaking down owing to industrialization and urbanizations resulted in
creating nuclear families. Most of day time, many of the parents stay in their offices
leaving their children alone at home or to their servants. As a result, those children
are being threatened in the development of their moral values. Now a days,
television and cell phone are presently the main recreational devices to all the
people. These modes are shaping the values of the new generation. Most of the
visual programs are produced based on meaningless love, romanticism and sex
which build the character of the young boys and girls negatively causing violence,
rape, acid throwing etc. Thus digital media erodes conventional moral education.
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LEGAL ANALYSIS:
With the growing needs of the present to their equal rights and to be treated on par
with the world, a lot of laws evolved post globalisation that recognised the rights of
Indian citizens and brought new aspects to life. Today the law is not just about
safeguarding the rights of citizens but also about meeting the needs of the present
and having a broaden horizon to the justice that needs to served. Many significant
changes were brought about post globalisation and this has led to awareness
amongst the Indians who have started voicing their opinions about their rights with
the change in time. Some of the major changes in law brought about post
globalisation are as follows:

Maternity Benefit (Amendment) Act 2017: Significant Provisions

Major changes

 The Maternity Benefit (Amendment) Act 2017 has increased the duration of paid
maternity leave available for women employees to 26 weeks from 12 weeks.[5(3)]
However for those women who are expecting after having 2 children, the duration of
the leave remains unaltered at 12 weeks.

 The paid maternity leave can be availed 8 weeks before the expected date of
delivery. Before the amendment, it was 6 weeks.[5(3)]

 The Maternity Benefit (Amendment) Act 2017 has extended the benefits applicable
to the adoptive and commissioning mothers and provides that woman who adopts a
child will be given 12 weeks of maternity leave from the date of adoption.[5(4)]

 The Act has introduced an enabling provision relating to “work from home” that can
be exercised after the expiry of 26 weeks’ leave period. Depending upon the nature
of work, a woman can avail of this provision on such terms that are mutually agreed
with the employer.[5(5)]

 The amended Act has mandated crèche facility for every establishment employing
50 or more employees. The women employees should be permitted to visit the facility
4 times during the day.[11A]

 The amended act makes it compulsory for the employers to educate women about
the maternity benefits available to them at the time of their appointment.[11A]
 P a g e | 20

LIVE IN RELATIONSHIPS RECOGNISED:

Section 2(f) in The Protection of Women from Domestic Violence Act, 2005

(f) “domestic relationship” means a relationship between two persons who live or
have, at any point of time, lived together in a shared household, when they are
related by consanguinity, marriage, or through a relationship in the nature of
marriage, adoption or are family members living together as a joint family;

DECRIMINALISING GAY SEX UNDER SEC 377:

SEC 377 is read as ““Whoever voluntarily has carnal intercourse against the order of
nature with any man, woman or animal, shall be punished with 1[imprisonment for
life], or with imprisonment of either description for a term which may extend to ten
years, and shall also be liable to fine.”
 P a g e | 21

ROLE OF JUDICIARY:
LIVE IN RELATIONSHIP:

Difference between live-in relationship and marriage

Marriage, also called as matrimony or wedlock, is a socially/ritually recognized union

or contract between spouses that establishes certain rights and legal obligations
towards each other. Considering the diverse culture in India, different laws have
been framed which lay down the procedures and guidelines for proper execution of
marriages in various religions. Marriage laws have been framed to provide remedies
for disputes arising out of wedlock in different religions. Individual Acts were framed
for individual religion due to the different customs and traditions followed by each of
them. In case of inter-cast marriages, the Special Marriage Act shall be applicable.

Live-in relationship in simple terms can be explained as a relationship in the nature

of marriage where both partners enjoy individual freedom and live in a shared
household without being married to each other. It involves continuous cohabitation
between the parties without any responsibilities or obligations towards one another.
There is no law tying them together and consequently either of the partners can walk
out of the relationship, as and when, they will to do so.

There is no legal definition of live in relationship and therefore the legal status of
such type of relationships is also unsubstantiated. The Indian law does not provide
any rights or obligations on the parties in live relationship. The status of the children
born during such relationship is also unclear and therefore, the court has provided
clarification to the concept of live in relationships through various judgments. The
court has liberally professed that any man and women cohabiting for a long term will
be presumed as legally married under the law unless proved contrary.

The right to maintenance in live in relationship is decided by the court in accordance

with the Domestic Violence Act, 2005 and the individual facts of the case.

Though the common man is still hesitant in accepting this kind of relationship, the
Protection of Women from Domestic Violence Act 2005, provides for the protection
 P a g e | 22

and maintenance thereby granting the right of alimony to an aggrieved live-in

partner.

Landmark judgments over the years

Following are the landmark Supreme Court judgment on the concept of live in
relationship:

1.Badri Prasad vs. Dy. Director of Consolidation, 1978 [1]

This was the first case in which the Supreme Court of India recognized live in
relationship and interpreted it as a valid marriage. In this case, the Court gave legal
validity to a 50 year live in relationship of a couple. It was held by Justice Krishna
Iyer that a strong presumption arises in favour of wedlock where the partners have
lived together for a long term as husband and wife. Although the presumption is
rebuttable, a heavy burden lies on him who seeks to deprive the relationship of its
legal origin. Law leans in favour of legitimacy and frowns upon bastardy.

2.Tulsa & Ors vs. Durghatiya & Ors, 2008 [2]

The Supreme Court provided legal status to the children born from live in
relationship. It was held that one of the crucial pre-conditions for a child born from
live-in relationship to not be treated as illegitimate are that the parents must have
lived under one roof and co-habited for a considerably long time for society to
recognize them as husband and wife and it must not be a "walk in and walk out"
relationship. Therefore, the court also granted the right to property to a child born out
of a live in relationship.

3.D.Velusamy vs. D.Patchaiammal, 2010[3]

The judgment determined certain pre-requisites for a live in relationship to be

considered valid. It provides that The couple must hold themselves out to society as
being akin to spouses and must be of legal age to marry or qualified to enter into a
legal marriage, including being unmarried. It was stated that the couple must have
 P a g e | 23

voluntarily cohabited and held themselves out to the world as being akin to spouses
for a significant period of time. The court held that not all relationships will amount to
a relationship in the nature of marriage and get the benefit of the Domestic Violence
Act. It further clarified that, if a man keeps women as a servant and maintains her
financially and uses mainly for sexual purposes, such relationship would not be
considered as marriage in the court of law. Therefore to get such benefit the
conditions mentioned by the Court must be satisfied, and has to be proved by
evidence.

Here, the court relied on the concept of ‘palimony’ which was used in the USA for
grant of maintenance in live in relationships. The concept of palimony was derived in
the case of Marvin vs. Marvin, a landmark judgment of the California Superior Court.

4.Indra Sarma vs. V.K.V.Sarma, 2013[5]

The recent judgment of the Supreme Court has illustrated five categories where the
concept of live in relationships can be considered and proved in the court of law.
Following are the categories:

1. Domestic relationship between an adult male and an adult female, both

unmarried. It is the most uncomplicated sort of relationship
2. Domestic relationship between a married man and an adult unmarried
woman, entered knowingly.
3. Domestic relationship between an adult unmarried man and a married
woman, entered knowingly. Such relationship can lead to a conviction under
Indian Penal Code for the crime of adultery
4. Domestic relationship between an unmarried adult female and a married
male, entered unknowingly
5. Domestic relationship between same sex partners ( gay or lesbian)
The Court stated that a live-in relationship will fall within the expression “relationship
in the nature of marriage” under Section 2(f) of the Protection of women Against
Domestic Violence Act,2005 and provided certain guidelines to get an insight of such
relationships. Also, there should be a close analysis of the entire relationship, in
 P a g e | 24

other words, all facets of the interpersonal relationship need to be taken into
account, including the individual factors.

The Court in this case affirmed that the relationship in the present case is not a
“relationship in the nature of marriage” because it has no inherent or essential
characteristic of a marriage, but a relationship other than “in the nature of marriage”
and the appellant’s status is lower than the status of a wife and that relationship
would not fall within the definition of “domestic relationship” under Section 2(f) of the
DV Act.

Conclusion

Thus, the legal status of live-in relationships in India has been evolved and
determined by the Supreme Court in its various judgments. However, there is no
separate legislation which lays down the provisions of live in relationships and
provides legality to this concept. Though the concept of live-in relationship is
considered immoral by the society, but is definitely not illegal in the eyes of the law.
The Supreme Court states that living together is a right to life and therefore it cannot
be held illegal. The court has also tried to improve the conditions of the women and
children borne out of live in relationships by defining their status under the Domestic
Violence Act, 2005 if the relationship is proved to be “relationship in the nature of
marriage”. In a recent case of May 5th, 2015, the Supreme Court bench of Justices
Vikramajit Sen and A M Sapre, dismissed a petition by the petitioner ‘Z’ who worked
in the Bollywood and contended that the respondent could not claim the status of a
wife to be legally entitled to get maintenance under the Hindu Marriage Act, 1955.
The Court held that cohabitation of a couple would give rise to the presumption of a
valid marriage and if a live in relationship breaks down, the man is bound to pay
maintenance to the women.

In the landmark Indra Sharma Case, the Court stated that such relationship may
endure for a long time and can result pattern of dependency and vulnerability, and
increasing number of such relationships, calls for adequate and effective protection,
especially to the woman and children born out of that live-in-relationship. Legislature,
of course, cannot promote pre-marital sex, though, at times, such relationships are
 P a g e | 25

intensively personal and people may express their opinion, for and against. Thus the
Parliament has to ponder over these issues, bring in proper legislation or make a
proper amendment of the Act, so that women and the children, born out of such
kinds of relationships are protected, though such relationship might not be a
relationship in the nature of a marriage.

5.NATIONAL LEGAL SERVICES AUTHORITY OF INDIA VS UNION OF INDIA

RECOGNITION OF THE THIRD GENDER:

Coram: K.S. Radhakrishnan, A.K. Sikri, JJ.

Procedural Background

The judgment was delivered in pursuance of a Public Interest Litigation filed by the
National Legal Services Authority (NALSA) seeking to address the grievance of the
Transgender Community, for short TG community, and praying for a legal declaration
of their gender identity other than the binary gender, i.e., male or female. A similar writ
petition was also filed by Poojaya Mata Nasib Kaur Ji Women Welfare Society seeking
similar reliefs for the Kinnar community.

The community coming within the umbrella term ‘transgender’ suffers tremendous
trauma and abuse from the society, as they do not fall under neither of the “socially-
accepted genders”. The non-recognition and non-acceptance from the society, which
shuns the TG community, causes this community to be side-lined and makes them
untouchables.

The non-recognition of their sexual and gender identity is a violation of their various
Fundamental and Human Rights, which are protected by the Constitution of India and
other international Human Rights documents.
 P a g e | 26

Reasoning

The main issue in the writ petition was the recognition of gender identities as perceived
by the Transgender Community. The judges took into consideration the international
legal scenario and the recognition of the rights of the transgender community by
international human rights documents as well as human rights courts.

The right to equality and equal treatment of persons is a right recognised by Article 14
of the Constitution. It specifically provides that no ‘person’ shall be discriminated on
the basis of sex/gender. Article 14 does not restrict the word ‘person’ and its
application only to male or female. The TGs fall within the word ‘person’ and are
entitled to equal protection of all laws.

Article 15 provides for affirmative action for the advancement of minority and backward
communities. The TGs have been for long denied their rights under Article 15(2). They
are shunned from many public places including educational institutions, health care
institutes, etc. These rights are not subject to any disability, liability, restriction or
condition. Moreover, under Article 15(4) they must be accorded a status of socially
and educationally backward class. Additionally, they are also entitled to reservation in
the matter of appointment in public and state offices.

One of the most important fundamental rights that is denied to the TG community is
their right under Article 19 (1)(a). Article 19 (1)(a) guarantees to citizens the freedom
of speech and expression. This right includes the right to expression of one’s self-
identified gender. This expression may be done through dress, words, action or
behaviour or any other manner.

Article 21 is one of the most extensive fundamental rights provided by the Constitution.
More and more rights have been read into the said right to life and personal liberty.
Article 21 has within its ambit all those aspects of life, which gives meaning to a
person’s life. Life does not mean mere animal existence. It is the right to live with
human dignity. It also includes one’s personal autonomy. Expression of oneself
according to his self-recognised gender is an aspect of personal autonomy protected
under Article 21.
 P a g e | 27

Moreover, recognition of one’s gender identity lies at the heart of the right to dignity. It
is a positive right of persons to make decisions about their life, to express themselves
in the way they choose and also to do what activities that they choose to do. The
judges laid down the Psychological Test as against the Biological Test to identify the
gender of a person.

The judges also took into consideration the various human rights provided under the
Universal Declaration of Human Rights, the International Covenant of Civil and
Political Rights, the Yogyakarta Principles, etc. in determining the extent of
transgender rights. Moreover, the plethora of judgments and legislations in foreign
countries recognising the right of the TG community and the acceptance of a special
social status in the world convinced the judges that it was high time that India also
comes up with progressive measure for the protection of this vulnerable community.

The Court held that TGs are entitled to affirmative action as guaranteed under Article
15(4) and also to reservation in the matter of appointment. State is bound to take
affirmative action to give them due representation in public services.

The court further emphasised on the need for legal recognition of third or transgender
identity and concluded that they belong to a distinct socio-religious and cultural group
and must be considered as a “third gender”, apart from male and female.

Justice K.S. Radhakrishnan, speaking on behalf of the Court, concluded the

judgement by holding that discrimination on the basis of sexual orientation or gender
identity includes any discrimination, exclusion, restriction or preference, which has the
effect of nullifying or transposing equality by the law or the equal protection of laws
guaranteed under our Constitution. In light of the aforementioned, it made various
declarations and directions to the Centre and State Governments:

6.DECRIMINALISING GAY SEX:

Navtej Singh Johar v. Union of India a landmark decision of the Supreme Court of
Indiain 2018 that decriminalized all consensual sex among adults in
private,including homosexual sex.
 P a g e | 28

The court was asked to determine the constitutionality of Section 377 of the Indian
Penal Code, a colonial-era law which among others criminalised homosexual acts as
an "unnatural offence". On 6 September 2018, the court unanimously declared the
law unconstitutional "in so far as it criminalises consensual sexual conduct between
adults of the same sex" Portions of Section 377 relating to sex with minors, non-
consensual sexual acts, and bestiality are to remain in force

Some of the excerpts from the judgment are as follows:

“the natural identity of an individual should be treated to be absolutely essential to
his being. What nature gives is natural. That is called nature within. Thus, that part of
the personality of a person has to be respected and not despised or looked down
upon. The said inherent nature and the associated natural impulses in that regard
are to be accepted. Non-acceptance of it by any societal norm or notion and
punishment by law on some obsolete idea and idealism affects the kernel of the
identity of an individual. Destruction of individual identity would tantamount to
crushing of intrinsic dignity that cumulatively encapsulates the values of privacy,
choice, freedom of speech and other expressions. It can be viewed from another
angle. An individual in exercise of his choice may feel that he/she should be left
alone but no one, and we mean, no one, should impose solitude on him/her.”

Not for nothing, the great German thinker, Johann Wolfgang von Goethe, had said, "I
am what I am, so take me as I am" and similarly, Arthur Schopenhauer had
pronounced, "No one can escape from their individuality". In this regard, it is profitable
to quote a few lines from John Stuart Mill:-
"But society has now fairly got the better of individuality; and the danger which
threatens human nature is not the excess, but the deficiency of personal impulses and
preferences."
The emphasis on the unique being of an individual is the salt of his/her life. Denial of
self-expression is inviting death. Irreplaceability of individuality and identity is grant of
respect to self. This realization is one's signature and self-determined design. One
 P a g e | 29

defines oneself. That is the glorious form of individuality. In the present case, our
deliberation and focus on the said concept shall be from various spectrums.
 P a g e | 30

CONCLUSION:

It appears from the foregoing discussion that globalization in contemporary India has
contributed to a certain homogenization of culture. This impact is more prominent in
urban and semi-urban India constituting nearly half of the country. Yet, the process
has also helped in accelerating the growth of cultural self-consciousness and cultural
identities by exposing us to a wide variety of sociocultural forms of life. As a corollary,
several aspects of our custom and tradition continue to exist side by side as there is
both adoption and rejection. Eating fast food and becoming slim represent contrary
tendencies of the process of “individualization” today. Market forces are promoting the
ethnic aspects of our culture. The growing disparities among different segments of the
Indian population and the resultant unevenness in the spread of a global culture
proliferates diversity. Thus, we have witnessed a tremendous rise in the influence of
religion in the public sphere in recent times. An increase in the number of religious
institutions and the large-scale participation of people in religious festivals like Makar
Sankranti, Pongal, Sabarimala Ganga Sagar Mela, Sangam Mela, etc., are also
indications of the greater hold of religion on society. Following Habermas (2008), it
may be argued that religion maintains a public influence and relevance in India today.
Likewise, our love for tradition and the ethnic aspects of our culture have found new
market support. At the same time, the rise in ethnic identities, the demand for a job
quota on religious lines, stress on spiritual education, incidences of “honor killing” for
caste/family pride, increasing incidences of crimes against women, and many more
incidents refer to the challenges of sociocultural life in contemporary India.
Globalization is clearly at the crossroads of tradition and modernity, particularly in rural
India. Thus, to conclude, the process of globalization is much broader, complex, and
multifaceted. Social and cultural changes today are not unidirectional and there are
several contrary trajectories generating processes like homogenization, pluralization,
traditionalization, and hybridization at the same time. In other words, “cultural
globalization” does not refer to the possibility of a single global culture; it rather signifi
es the spread of plural cultural elements across the globe. Hence, instead of being a
threat to sociocultural identities, globalization has become a means for the
construction of new identities and hence it has inadvertently resulted in pluralization.
The challenge today is for us to recognize and respect plurality and multiplicity as a
better model of globalized social life.
 P a g e | 31

WAY FORWARD:
Globalisation has had an tremendous impact on the Indian culture with the passage
of time. Our thoughts have changed, horizons broaden and a much wider
prespective towards the progress of the society on the matter of culture. Habits have
changed, thinking of an individual is progressing and there looks a scope for a
brighter future given how significant changes have been made into our culture one of
the main being the recognition of the rights of the LGBT Community. From a time
where being attracted to the same gender was considered a taboo on the society to
a time when people are coming out to the public at large with the storming support of
others, it is indeed a major change in the Indian culture. Many argue that with the
growth of globalisation in India, Indian culture is losing its importance and getting
buried in books. But with the introduction of foreign cultures to India there has been a
magnificent introduction of how the west moves about in the terms of culture and
how important it is with time to change the views one has deep rooted in them
through ages. Although after years of struggle LGBT rights were recognised but
India still has a long way to go. With no provisions for marriage, the decision in
Navtej Johar is a stepping stone to success for a long journey ahead.

From the cultural perspective, will globalization homogenize tastes and demand
across the world, destroying its rich cultural heterogeneity? Will a Coke or Pepsi or
Hollywood come to dominate the globe? The evidence thus far suggests that the
same technological advances—especially those around communications and
transportation, which aid economic globalization—will also help preserve cultural
heterogeneity, within and across countries. As with the long-tail effect of e-
commerce, the ability to aggregate consumer demand for entertainment, information,
and culture across distant geographies will mean that even when people migrate and
travel, within or outside their countries, it will be increasingly more feasible for them
to hold onto their cultural heritage. Immigrants around the world find that it is much
easier to retain their food, language, and culture than it was a few decades ago,
because social media makes it much simpler to find ingredients, books, movies, and
so on across geographies. Our shared identity as global citizens will coexist with
more nationalistic, tribal, and cultural identities. How this translates to either greater
peace or greater friction is hard to predict, especially as we see the polarization of
 P a g e | 32

political viewpoints within democracies with the rise of targetable and selectively
consumable media.
Globalization has brought a tremendous impact upon human civilization. The
strategies to cope with the globalization are not sufficient to revolutionize anti-
globalization approach. Is globalization a boon or curse to our culture? That is really
a question of thought for all of us. The approach should always be constructive and
so that we get maximum benefit from the globalization, without exploiting our own
cultural diversity and historic existence. We must enlighten our mind with famous
quotes of visionary Swami Vivekananda, who foresaw the hazards of globalization
and impact of MNC culture in India as early as in 1893 when he spoke at the
Parliament of World Religions in Chicago. To quote his soul-stirring words: “Shall
India die? Then, from the world all spirituality will be extinct, all sweet-souled
sympathy for religion will be extinct, all ideality will be extinct ; and in its place will
reign the duality of lust and lace will reign the duality of lust and luxury as the male
and female deities, with money as its priest, fraud, force, and competition its
ceremonies, and human soul its sacrifice. Such a thing can never be.” Still the
horrible and terrible effects are taking place on our culture today on account of the
relentless and unchallengeable process of Globalization". Indian culture has certainly
done least in holding its own relative to the dominant cultures, as the Indian
economy has done relative to the dominant economies. We have been far less
'protectionist' culturally speaking than we have been in the field of economy.
Undoubtedly, culture is our strong suit in this age of globalization. India's cultural
identity is not about to be blown away by western influences even as we become
more active players in this increasingly borderless world. The issue before us now is
to figure out the possibility of a right and just course of action in times that pose
tremendous challenge to our role both as Indians and as citizens of this beautiful
earth.
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