The recently concluded 2023 Assembly Elections in Karnataka, Rajasthan, Madhya Pradesh, Mizoram, and Chhattisgarh have been quite an eye-opener for India’s 135 million LGBTQI+ community, probably the largest in the world. The queer community and their allies are shocked that not a single political party had any assurance of marriage equality rights or other sops
for the LGBTQI+ in their poll manifestos. This setback comes close on the heels of the Supreme Court same-sex marriage judgment of October 17, 2023, that acknowledged the discrimination meted out to India’s LBGTQ+ community but declined to interfere in “judicial lawmaking” and pushed the ball in the Parliament’s court. The path forward for LGBTQ+ marriage equality rights in India depends on legislative action.
Vote Bank Politics
While political parties are busy making strategies to win the 2024 General Elections, many LGBTQI+ organizations, activists, and individuals are seeking this opportunity to spread awareness of equal rights and the power of “votes”. In a democracy every vote matters! Some queer activists have already started having a dialogue with politicians and policymakers. The buzz in queer circles is to cast votes for only those politicians and political parties, who are willing to address their problems and share their values. Some of the serious issues faced by LGBTQI+ persons and couples include family pressure, inability to open joint bank accounts, have joint health insurance, inheritance, child adoption rights, nominations, living wills, medical decisions, and societal discrimination to name a few. “We are not fighting for any special rights.
Our primary goal and requests are to attain the same rights as any other Indian citizen,” says Suhail Abbasi, co-founder and chairperson of Humsafar Trust.
Inclusivity Matters
The aim is to have inclusive policies and legal reforms that address issues related to LGBTQI+ individuals. Some leading politicians like Congress’s Shashi Tharoor, BJP’s Baijayant (aka Jay) Panda, Poonam Mahajan, and Shaina NC, NCP’s Supriya Sule, and TMC’s Derek O’Brien are aware of the genuine problems faced by LGBTQI+ persons. Some of them have even given assurances to raise the issues in Parliament again but it’s a wait-and-watch game. O’Brien submitted the “Marriage Equality Bill” on July 12, 2023, but it is still pending in the Rajya Sabha. After the SC verdict, a disheartened Sule wrote on her X account: “The denial of LGBTQIA+ marriage rights is truly disheartening, a stark reminder of the ongoing struggle for equality and acceptance. This verdict has left the LGBTQ+ community in deep sadness. It’s a stark reminder that the journey towards equal rights can be a challenging one. Now, it’s up to us as elected representatives in Parliament to address this crucial issue. Let’s unite and work toward a more just, inclusive, and equitable India. Together, we can make a difference.”
Abbasi feels it’s high time India’s LGBTQI+ population (approx. 135 million) showed their “voting power” to ensure politicians address their concerns. “We need to have constant dialogue with government officials and Parliamentarians to address the issues faced by the LGBTQ community. We have also approached our lawyers and are working on the way forward,” says Abbasi.
Airing a similar view, Dr Surabhi Mitra, a Consultant Psychiatrist and Equal Human Rights Activist feels the upcoming 2024 General Elections offer an opportunity for the community and its allies to push for supportive candidates and policies. “We need to plan for a 5-year or 10-year agenda from today. Educated and learned LGBTQIA+ members should contest elections themselves and become policymakers for the future of the LGBTQIA+ spectrum in India. We cannot expect homophobic and transphobic politicians to strive for LGBTQIA+ human rights,” Dr Surabhi says.
Positive Takeaways
Harish Iyer, an equal rights activist cum social influencer says he disagrees with the SC’s verdict but there were many positive observations. “Our focus was on the courts but it is a parallel battle now. With the 2024 General Elections around the corner, we need to start engaging with our Parliamentarians (LS candidates). The queer community is a sizeable vote bank. They cannot ignore us. We have the power to vote down/up a candidate,” says Harish. He is of the firm opinion that the queer community must make political parties include marriage equality rights in their manifesto.
Harish opines, “We must understand their views on personal choices, liberty, values and only then cast our vote. Marriage may not be a fundamental right according to the SC, but other rights of the LGBTQI+ community are getting infringed upon. What about that? I am sure we will find a hook somewhere.”
No Committee in Sight
While reading out the landmark same-sex marriage verdict, the SC had directed the government to constitute a committee to decide the rights and entitlements of persons in queer unions. The CJI said: “This committee will consider including queer couples as ‘family’ in ration cards, enabling queer couples to nominate for joint bank accounts, rights flowing from pension, gratuity, etc.”
However, nobody knows when the Parliamentary committee will be set up. “And when they will get in touch with the aggrieved parties,” says a senior SC lawyer, who had submitted petitions on behalf of several queer couples.
When contacted, BJP National Spokesperson Nalin S Kolhi replied via WhatsApp saying: “I haven’t spoken on this subject till date. I don’t think anyone else in the party has commented on it. You may wish to reach out to advocates who have worked on the issue.” It is not the BJP alone, several political parties have maintained a stoic silence on the issues of equal rights for India’s queer population.
Abbasi says, “Many political parties do not consider us a significant vote bank. But now we need to show them our voting power and ensure that politicians solve our problems.”
Dr Surabhi feels more people from the LGBTQ community should start filing petitions. “So that the basic argument of the Government that ‘these are minority rights and can be taken care of later’ would come to an end. The Government ultimately needs a vote bank for the so-called minorities to get their rights and be supported indiscriminately. Hence, we need to prove that we are way more in number than what is estimated,” Dr Surabhi says.
Gay Brain Drain
According to recent research by the World Bank, India loses approximately 1.3% of its GDP because of a greater incidence of despair and suicide among the homosexual population. Many talented and qualified queer individuals migrate to queer-friendly foreign countries. The solution to this ‘gay brain drain’ plight is to give equal recognition and rights to the LGBTQIA+ community.
Anand Grover, a senior advocate practicing in the SC says, “To win victories you sometimes fall. You rise and stand tall against all the odds. When they (the government) set up a committee, we will insist that we be part of it. Litigation is like a war — be ready to negotiate but don’t give up.”
Meanwhile, the resilience and never-give-up spirit of India’s 135 million LGBTQI+ community continues to shine through the Pride Rainbow, reminding everyone that tough times never last, but tough people do!
THE RAINBOW FAMILY
India’s LGBTQI+ community is approximately 135 million, probably the largest in the world
SC has directed the govt to constitute a committee to decide the rights and entitlements of LGBTQI+ persons and couples
World Bank research states India loses approx. 1.3% of its GDP because of a greater incidence of despair and suicide among its homosexual population
“India’s queer community is a sizeable vote bank. They (politicians) cannot ignore us. We have the power to vote down/up a candidate.” — Harish Iyer, Equal Rights Activist, Social Influencer
“The upcoming 2024 General Elections offer an opportunity for the community and its allies to push for supportive candidates and policies.” — Dr Surabhi Mitra, Consultant Psychiatrist, Equal Human Rights Activist
“When they (the government) set up a committee, we will insist that we be part of it.” — Anand Grover, Senior SC Advocate
“I haven’t spoken on this subject till date. I don’t think anyone else in the party has commented on it. You may wish to reach out to advocates who have worked on the issue.” — Nalin S Kolhi, BJP National Spokesperson
