Lok Sabha elections | Congress supports same-sex union in its manifesto

Party had been silent on the issue when the plea seeking legal recognition for same-sex marriages was heard by Supreme Court in 2023

AICC president Mallikarjun Kharge with party leaders Rahul Gandhi, Sonia Gandhi, P. Chidambaram and K C Venugopal releasing the party’s manifesto for the Lok Sabha elections in New Delhi on April 5, 2024. | Photo Credit: Shiv Kumar Pushpakar

After maintaining a studied silence on same-sex marriage, the Congress in its manifesto released on April 5, has come out in support of civil unions, which is a step short of marriage, between couples belonging to the LGBTQIA+ community.  

In October last year, a five-judge Constitution Bench rejected pleas seeking legal recognition for same-sex marriages. Arguing against the petition, Solicitor-General Tushar Mehta had argued that the petitioners seeking legal guarantee for same-sex marriages represent a small section of “urban elite” and do not represent the majority of the Indian population.

Disagreeing with this stance, Chief Justice of India D.Y. Chandrachud said: “Queer is a natural phenomenon known for ages. Homosexuality or queerness is not an urban concept or restricted to the upper classes of society.” The court though, rejected the pleas, ruling that it is beyond the judiciary’s remit, and such a law has to be framed by Parliament.  

Asked for its opinion on the judgment, the Congress had said that it will come up with a detailed statement, but did not divulge its stand.

The party’s manifesto, released at the party headquarters, stated, “After wide consultation, the Congress will bring a law to recognise civil unions between couples belonging to the LGBTQIA+ community.” 

CPI(M) too in favour

The Communist Party of India (Marxist), in its manifesto released on Thursday, too has supported it. The party promised “legal recognition and protection to same-sex couples similar to marriage-‘civil union’/same-sex partnerships’, and legislations on similar lines as the Special Marriage Act, 1954, so that the partner can be listed as a dependent for inheritance and alimony in case of divorce etc.” Going a step further, the CPI(M) manifesto also backed a comprehensive anti-discriminatory Bill covering LGBTQ+, reservation in education institutions and employment, and measures to address bullying, violence and harassment of gender non-conforming and LGBTQ+ students, staff and teachers in educational spaces.