Support for same-sex unions ahead of election

Two Indian political parties plan to back partnership rights of LGBTQ community

Two major political parties from India’s opposition coalition have declared their support for same-sex civil unions in their election manifestos, a move widely praised by the country’s LGBTQ community.

The Congress party, India’s oldest political party, and the Communist Party of India both indicated they would include in their legislative agenda a law to recognise same-sex civil unions if they won enough seats in the national election held from Friday to June 1.

The move is also seen as a significant step after the Supreme Court in October declined to legalise same-sex marriages, five years after it had made a landmark ruling to scrap Section 377 of the Indian Penal Code, a colonial-era ban on gay sex. The court said it did not have the jurisdiction to legalise LGBTQ marriages, and that the decision lay in the hands of parliament.

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 the country believed homosexuality should be accepted by society, compared with just 15 per cent in 2013.

In another Pew survey published 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 was 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.

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 trans people’s 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,” she said.