On April 19, India’s largest political exercise will begin as residents start casting their ballots in the country’s vote.
This year’s election is unique because national political parties have, for the first time, pledged to grant marriage rights to same-sex couples as part of their electoral campaigns.
After extensive discussion, the Indian National Congress, one of India’s oldest political parties, decided to introduce a bill that would grant civil unions to LGBTQ individuals. The group, which has largely ruled India since its independence from the United Kingdom in 1947, has previously expressed opposition to laws like Section 377, which criminalized same-sex relationships.
Former Health Minister in 2011 when the INC was in power stated homosexuality is a condition. He made the contentious statement while speaking at a meeting on HIV/AIDS in New Delhi, the capital of India.
“Unfortunately, this disease has come to our country too,” said Azad. “Where a person engages in sexual activity with another man, which is absolutely unnatural and does not occur.”
The Home Affairs Ministry argued that it thought homosexuality may be socially acceptable when the Delhi High Court was hearing the case. The INC ultimately struck down Section 377, which criminalized homosexuality, in parliament.
A 5-judge bench convened at the Supreme Court on September 6, 2018, decriminalized consensual same-sex sexual relationships.
The Communist Party of India (Marxist) on April 4 unveiled its manifesto with a range of socialist commitments, including support for LGBTQ rights. In addition to these commitments, the Transgender Persons (Protection of Rights) Act 2019 will be amended to address community issues and provide legal recognition and protection for same-sex couples in a manner akin to marriage.
Additionally, the manifesto provided details on plans to introduce legislation similar to the 1954 Special Marriage Act, which allows partners to be listed as dependents and provides facilitating rights like inheritance and divorce in the event of dissolution and other issues. Moreover, the party pledged to enact comprehensive anti-discrimination legislation that would include LGBTQ individuals, establish quotas in educational institutions, and implement affirmative action in employment.
The manifesto addressed the issue of violence against LGBTQ individuals by promising to treat these crimes on par with those committed against heterosexuals. Additionally, the program calls for the enforcement of anti-bullying laws and the prevention of harassment based on sexual orientation and gender identity, as well as addressing bullying, violence, and harassment of gender nonconforming and LGBTQ students in academic settings.
The manifesto also emphasized the importance of consent and informed consent.
Regardless of the religion or belief followed by either party, the Special Marriage Act of 1954 allows civil unions among Indians and Indian immigrants who reside worldwide. This law permits marriage between individuals with two distinct religious backgrounds. The Transgender Persons (Protection of Rights) Act, which extended transgender rights, was passed by Parliament in 2019.
Former member of the Rajya Sabha, the upper house of the Indian Parliament, and member of the Communist Party of India (Marxist), Brinda Karat, spoke with the Washington Blade and stated that the current government holds homophobic views that are unacceptable to the party.
In the upcoming election, the ruling coalition is aiming for a significant majority, with over 400 seats in the legislature.
Several surveys conducted by American media companies suggest that the Bharatiya Janata Party (BJP) is likely to emerge victorious. In response to the BJP’s ascendancy, the Congress and several regional and national parties have formed the Indian National Developmental Inclusive Alliance.
This coalition consists of 26 political parties in criticism. However, despite its formation, there is no clear strategy for partnership, and only two parties have included LGBTQ-specific plans in their election manifestos.
The Blade reached out to Congress’ spokesperson for comment but has not received a response. Additionally, the BJP did not respond to a request for comment.
The party’s election manifesto is yet to be unveiled.
Ankush Kumar is a writer from Iran, India, and Singapore who has covered numerous reports for the Washington and Los Angeles Blades. He most recently wrote a report for The Daily Beast. He can be reached at. He is on Snapchat at @mohitkopinion.
