The Promise and the Peril of LGBTQIA+ Rights | Disha

Friday 17 May 2024

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Abstract:
The discourse surrounding LGBTQIA+ rights in Indian politics is undergoing a significant transformation, indicating a shift towards inclusivity and equality. Political parties such as the Indian National Congress (INC) and the Communist Party of India (Marxist) CPI(M) have articulated their positions, promising legislative measures to recognize and protect the rights of LGBTQIA+ individuals. However, while the decriminalization of Section 377 in 2018 marked a milestone, the refusal to recognize same-sex marriage by the Supreme Court in 2023 reflects the complexities in translating progressive rhetoric into legislative action. Globally, political parties exhibit varying degrees of commitment to LGBTQIA+ rights, with actions post-elections often diverging from pre-election promises. The gap between rhetoric and reality has left the LGBTQIA+ community uncertain about the future of their rights, yet it has also spurred activism for tangible changes. As India progresses, the influence of LGBTQIA+ rights on electoral politics grows, potentially reshaping the political landscape towards a more inclusive society, contingent upon sustained activism and an electorate valuing equality and justice.

Keywords: Lok Sabha Election 2024, Election Manifesto, Political Parties, LGBTQIA+ Rights, Politics

The discussion of LGBTQIA+ rights has become a significant issue in the ever-changing realm of Indian politics. The significance of this subject transcends mere policy-making; it is a measure of societal progress and a reflection of the nation’s commitment to upholding the dignity and rights of all its citizens. The Indian National Congress (INC) and the Communist Party of India (Marxist) CPI(M) have recently articulated their positions on LGBT+ rights. The INC has pledged to introduce legislation recognizing civil unions for the LGBTQIA+ community, marking a departure from its historical reticence on Section 377. Meanwhile, the CPI(M) has vowed to amend the Transgender Persons (Protection of Rights) Act 2019 and enact a comprehensive anti-discrimination bill to safeguard these rights. These developments indicate a transformative shift in the political will, aligning with global movements towards inclusivity and equality.

In the 2024 Lok Sabha elections, the inclusion of LGBTQIA+ rights in the manifestos of major Indian political parties signifies a paradigm shift towards inclusivity. The Indian National Congress (INC) has explicitly stated its intent to "expand Articles 15 and 16 of the Constitution to prohibit discrimination on the grounds of ’disability,’ ’impairment,’ or ’sexual orientation’". Furthermore, the INC commits to "introduce legislation recognizing civil unions for LGBTQIA+ couples’’, a progressive step towards legal recognition of queer relationships. The Communist Party of India (Marxist) CPI(M) has also taken a definitive stance, promising to "revise the Transgender Persons (Protection of Rights) Act, 2019, to address concerns raised by the community". Their manifesto includes the introduction of a "comprehensive anti-discriminatory bill covering LGBTQIA+ individuals" and the implementation of "reservation policies in educational institutions and horizontal reservation in employment" to foster inclusivity. These commitments reflect a growing recognition of the importance of safeguarding the rights and dignity of the LGBTQIA+ community within the political discourse of India.

The decriminalization of Section 377 in 2018 marked a watershed moment for LGBTQIA+ rights in India, eliciting a spectrum of political responses. The Indian National Congress (INC), while not in power at the time, expressed solidarity with the LGBTQIA+ community, aligning with the progressive ethos of the verdict. The Communist Party of India (Marxist) CPI(M) lauded the Supreme Court’s decision, celebrating it as a historic victory for the LGBTQIA+ communities who had long suffered under the oppressive law. In contrast, the political landscape in 2023 presented a more complex picture when the Supreme Court refused to recognize same-sex marriage. The apex court’s unanimous verdict underscored the judiciary’s stance that marriage laws fall within the legislative domain, prompting a call for parliamentary action rather than judicial intervention. This decision was met with disappointment by the LGBTQIA+ community and its allies, who had hoped for a more proactive approach from the judiciary in safeguarding their rights. The CPI(M) did not issue an official statement following the 2023 verdict; however, the party has historically advocated for broader civil rights for the LGBTQIA+ community, which would presumably extend to marriage equality. The INC’s reaction was similarly muted in the public sphere, reflecting the delicate balance political parties often maintain on contentious social issues. The juxtaposition of these two significant events illustrates the evolving but cautious approach of Indian political parties towards LGBTQIA+ rights. While the decriminalization of Section 377 was unanimously celebrated, the reluctance to embrace same-sex marriage indicates the complexities of translating progressive rhetoric into legislative action. This cautious progress underscores the need for sustained advocacy and public discourse to shape a more inclusive political agenda for LGBTQIA+ rights in India.

Globally, political parties have increasingly recognized LGBTQIA+ rights as a fundamental aspect of human rights, with varying degrees of commitment and action. In the United States, the Democratic Party has been a vocal advocate for LGBTQIA+ rights, with President Biden signing an executive order on his first day in office to protect LGBTQIA+ Americans from discrimination. The party’s stance is indicative of a broader trend in Western democracies, where left-leaning parties often champion LGBTQIA+ rights as part of their platform. In contrast, countries like Poland and Hungary have seen reactionary political parties use homophobic rhetoric and legislation, leading to interventions by the European Commission. This highlights the divergent approaches to LGBTQIA+ rights, with some parties leveraging them as a wedge issue to galvanize conservative support. Actions post-elections vary significantly. For instance, the Australian state of Victoria recently outlawed LGBTQIA+ conversion practices, reflecting the power of advocacy and progressive policy-making. Meanwhile, the Global Greens, an international network of Green parties, demands decriminalization of consensual same-sex relations and equal rights for same-sex relationships as part of their global resolution. These examples underscore the importance of political will in advancing LGBTQIA+ rights. While promises are often made during election campaigns, the true measure of commitment is seen in the actions taken by these parties once in power. The disparity between promises and actions serves as a critical lens through which the global political spectrum on LGBTQIA+ rights can be assessed.

The translation of election promises into concrete actions has been less consistent. While there have been efforts to engage with the LGBTQIA+ community and support legislative changes, the actual implementation of these policies has been slow. This gap between rhetoric and reality has left many within the LGBTQIA+ community feeling uncertain about the future of their rights. The impact of these actionsâ€”or lack thereofâ€”on the LGBTQIA+ community has been profound. The slow progress in enacting promised reforms has contributed to a sense of continued marginalization. Yet, it has also galvanized activists and allies to push for more tangible changes. The political will to advance LGBTQIA+ rights in India remains a critical factor in determining the pace of social change and the realization of a truly inclusive society.

As India strides into the future, the influence of LGBTQIA+ rights on electoral politics is poised to escalate. The burgeoning visibility of LGBTQIA+ issues has the potential to sway the electorate, particularly among the younger, more progressive demographic. Political parties are increasingly cognizant of this shift and are beginning to integrate LGBTQIA+ rights into their platforms, albeit cautiously. Public opinion, once a bastion of conservatism, is gradually evolving, with a growing acceptance of LGBTQIA+ identities catalyzed by media representation and advocacy. This shift is reflected in the rising tide of activism that has not only influenced public discourse but has also compelled political entities to acknowledge and address LGBTQIA+ concerns. The trajectory of LGBTQIA+ rights in Indian politics suggests that these issues will play a more central role in shaping political agendas. As the nexus between public sentiment and political action strengthens, the coming years will likely witness a more pronounced commitment to LGBTQIA+ rights, potentially transforming the political landscape and ensuring that promises of equality and inclusion translate into tangible policies and reforms. The future of LGBTQIA+ rights in India, therefore, rests on the fulcrum of sustained activism and an electorate that values inclusivity and justice.

(Author: Disha, Ph.D. Scholar; Senior Research Fellow, Dr. K. R. Narayanan Centre for Dalit and Minorities Studies, Jamia Millia Islamia, New Delhi, India)

References

The Promise and the Peril of LGBTQIA+ Rights | Disha

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