MFC 002 Solved Assignment 2021-22
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IDENTITY AND CULTURAL PRODUCTION Solved Assignment 2021-22, Students
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MFC 002 Solved
Assignment 2021-22
Course Code : MFC 002
Course Title : TRADITION, IDENTITY AND CULTURAL
PRODUCTION
Assignment Code : MFC 002/TMA-01/2021-22
Coverage : All Blocks
Maximum Marks 100 Attempt all questions. All questions
carry equal marks.
Attempt all questions. All questions
carry equal marks.
1. ‘ Tradition can be described as
the culturally sustained, repeated pattern of behaviors, beliefs or enactments
that are passed down from one generation to another’ —Critically comment. (20)
2. Tradition and individual identity
are the queer amalgamations for the identity formation of an
individual—discuss. (20)
The
placement and status of LGBT people in this strict dichotomy of inherent
belonging through (Hindu) tradition or rejection on the grounds of Western
origination would become a hotly contested issue within the courts. Section 377
of the Indian Penal Code would become a primary focus of LGBT activists as it
criminalized homosexuality, the 2009 Naz Foundation v. Government of the
National Capital Territory of Delhi (Naz v. NCT Delhi) decriminalizing sex
between consenting adults. This decision would be overturned in 2013 by
the Supreme Court case Suresh Kumar Koushal v. Naz Foundation, reinstating
section 377. As Siddharth Mohansingh Akali states in “Learning from Suresh
Kumar Koushal v. Naz Foundation through Introspection, Inclusion, and
Intersectionality,” the 2014 Supreme Court Case of National Legal Services
Authority v. Union of India (NLSA v. UOI) would contrast the Naz ruling as
it affirmed “the rights of transgender people”—known as hijra—with the
government providing “reservation policies and other legal protections, for the
social, economic, and political advancement of transgender people.”
Though both
cases fell under the same banner of LGBT legislation, why did the courts easily
reverse their decision pertaining to a regressive statute written during the
colonial era while simultaneously advancing the rights of a marginalized group
in ways much of the world has yet to do? The seeming contradictions within the
court rulings focus on the debate between the acceptable realms of identity
based in traditional recognition: what defines an inherent “Indian-ness.” I
contend that the disparity between these rulings is thoroughly influenced by
contemporary renditions of tradition present even within the supposedly secular
realm of the government, specifically the Indian judiciary.
I. Rationales for Naz v. NCT
Delhi and Koushal
The
constitutionality of Section 377 creates the basis of both Naz v. NCT
Delhi and Koushal, making its origins “within the context of the consolidation
of empire in India,” vital to understanding both rulings. As as
anthropologist Suparna Bhaskaran states, policies of integration had normalized
the practice of British men “keeping” multiple Indian mistresses, justified as
“increasing their knowledge of native affairs.” However, the 1890s saw a
complete reversal of this practice as the influences of the 1857 Sepoy Mutiny,
a direct threat to British control, led to the development of “isolationist and
indifferent bureaucratic imperial state wherein it was imperative that the
rulers maintain their sexual, social, and racial ‘purity’.” The latter half of
nineteenth-century England saw a focus on sexual behaviors and morality,
“targeting many forms of non-procreative sexual activity,” that then reached
India. The colonizer’s “brown counterparts,” were forced to abide under
these rigid imperial standards of normality that prohibited “prostitution and
‘special Oriental vices’ such as homosexual activity.” The Indian Penal
Code was based in an amalgamation of “English law, Hindu law, Muslim law,
Livingston’s Louisiana Code, and the Code Napoleon.” Intricacies within laws
and customs among both Muslims and Hindus were resolutely ignored as the Indian
Law Commission, headed by the staunch imperialist Lord Macaulay, “introduced
the colonial anti-sodomy statute, Section 377, into the Indian Penal Code on
October 6, 1860.” Contention between the two court cases rested in the fact that
Section 377 criminalized all “carnal intercourse against the order of nature,”
which had come to assume the definition of “anal, oral, and other penetrative
sex between homosexuals,” same-sex relations then falling into the same
grouping as beastiality within the law’s purview.
II. NLSA v. UOI and the
Recognition of “Traditional Identities”
The question
now is why an “Indian context” creates a divergent decision which delineates
rule to Parliament, for how is the discrimination against certain marginalized
citizens not enough to rule against Section 377? This can only be answered
through an understanding of the 2014 Supreme Court ruling in NLSA v.
UOI “which recognized transgender identity as a distinct, third
gender identity,” and “ordered the Indian states and national government
to adopt and implement policies to ensure the equal treatment of transgender
people.” As Gayatri Reddy states in With Respect to Sex: Negotiating
Hijra Identity in South India, transgender women are known as hijras in India,
“phenotypic men who wear female clothing and, ideally, renounce sexual desire
and practice by undergoing a sacrificial emasculation . . . dedicated to the
goddess Bedhraj Mata,” who is “believed to be endowed with the power to confer
fertility on newlyweds or newborn children.” In NSLA v. UOI, the
Supreme Court began discussion by “acknowledging the ‘trauma, agony and pain’
of members of the transgender community in India, including the ridicule and
abuse they experience in ‘public spaces like railway stations, bus stands,
schools, workplaces, malls, theatres, [and] hospitals.’ ” This
recognition of abuse endured by the hijra community is in direct contrast to
the Koushal ruling, as discrimination seemed to warrant little
action on the part of the Court. Why? At the heart of all three cases is the
understanding of hijras as a traditional identity engrained within the (Hindu)
spiritual sphere, which in the contemporary moment of Hindu Right influence,
constitutes an Indian cultural identity. Where cisgender LGB individuals
are perceived through the notion that their identities are concentrated within
the realm of foreign, Western conception, “hijras actively strive to
authenticate themselves with the parameters of a local economy” done “through
the commission (or omission) of various practices, including physical
emasculation, engaging in sex work or any display of sexual desire, and
displaying markers of religion and class status,” all signifiers of their
identities which are considered ingrained in the nation.
3. Can technology and folk art be
complementary to each other? Validate your judgment with examples. (20)
4. Define the following: o
Technological development and social change
o Modern thought and cultural change
o Political thought and the rise of
nations
o Visual Arts and Performing Arts
(4x5)
5. Write short notes on the following:
(A) Folk cuisine
(B) Freudian psychology
(C) Knowledge based traditions
(B) Mourning songs as folklore
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