The Congress Party, India’s oldest political party, and the Communist Party of India have both indicated that they include in their legislative agenda a law to recognise same-sex civil unions, if they win enough seats in the national elections held from April 19 to June 1.
Attitudes towards and representations of the LGBTQ community have shifted significantly in India in recent years. A 2019 survey from the Pew Research Center found 37 per cent of respondents in India believed that homosexuality should be accepted by society, compared with just 15 per cent in 2013.
In another Pew survey published in June last year, 53 per cent of adults in India said they favoured legalising same-sex marriage.
Activists and members of the LGBTQ community in India have cheered the news.
The political parties’ stance is a significant move towards fulfilling the rights of LGBTQ community, said Yash Sharma, 25, founder of the Official Humans of Queer community.
“It is very positive that at least they mentioned it, because Section 377 got decriminalised after the 2019 election,” he said.
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LGBTQ individuals in India have long faced threats of violence and encountered challenges, especially in rural areas. They often struggle with a lack of support from their families, confront bullying both online and in person, and encounter barriers in accessing adequate healthcare. Acts of physical violence against them often go unreported for fear of social repercussions.
Chayanika Shah, an activist for queer and transpeople rights, said all rights and recognition the community had gained so far had occurred through the courts.
She pointed to the passing of the Transgender Persons (Protection of Rights) Act in 2019, which subsequently failed to address key concerns of the community.
But she welcomed the recent remarks from political parties. “It’s very welcome that a large party like the Congress actually makes some mention … it’s a beginning, it’s a commitment.”
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Milli, a trans woman from Delhi, who did not want her last name used, was optimistic about the manifesto inclusion. “We will do our best to garner support for Congress and its alliance parties, as they have promised to recognise our rights. [BJP] is anti-LGBTQ and has never done anything concrete for us during these years.”
Jeet, a social worker and founder of LGBTQ advocacy group Yes, We Exist, who only identifies with his first name, pointed to a potential caveat in the manifesto regarding public consultation about the civil union law.
The consultation process might be influenced by prevailing homophobic sentiments among most of the population, Jeet said.
While the manifestos are inclusive and promise civil unions, it is hoped that such promises manifest into legislation, said Rohin Bhatt, a lawyer and non-binary queer rights activist.
The opposition’s promises were far better than what would happen if the BJP won a third term in power, Bhatt said. “Civil liberties are going to be threatened, including queer rights.”
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