The Congress party’s election manifesto incorporates a proposed law on civil unions for LGBTQ+ couples. This initiative reflects the party’s commitment to promoting equality and inclusivity within Indian society. The manifesto aims to address the legal recognition and rights of queer couples, marking a significant step towards LGBTQ+ rights in the country. The inclusion of this proposal highlights the party’s progressive stance on social issues in the upcoming elections.
New Delhi: The Congress party, in its Lok Sabha election manifesto, pledged to enact a law acknowledging civil unions between LGBTQIA+ couples if the party won the election. The manifesto, released by party chief Mallikarjun Kharge, Rahul Gandhi, and Sonia Gandhi, also included promises of cash transfers for women, employment opportunities for youth, and conducting a caste census.
It is important to note that a “civil union is not equivalent to marriage“. A civil union grants specific legal rights to queer couples, but it does not have the same legal recognition as marriage in personal law.
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In a ruling last year, a Constitution bench of the Supreme Court declined to legally recognize same-sex marriage in a 3-2 decision.
Chief Justice DY Chandrachud stated that,
“Constitutional authorities should establish a regulatory framework to acknowledge civil unions in same-sex relationships. He emphasized that the right to enter into a union should not be restricted based on sexual orientation and that discrimination on the basis of sexual orientation is in violation of Article 15 of the Constitution.”
Article 15 prohibits discrimination on the grounds of religion, race, caste, sex, or place of birth.
However, the majority opinion, delivered by Justices SR Bhat, Hima Kohli, and PS Narasimha, stated that,
The formal recognition and legal status of same-sex relationships should be determined by the legislature.
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The Congress party revealed its manifesto, titled ‘Nyay Patra’, on Friday, highlighting five ‘pillars of justice’ and including 25 assurances.
- Implementation of mandatory one-year apprenticeship for diploma holders or graduates under 25 in both private and government sectors.
- Legal assurance of Minimum Support Price (MSP) for agricultural products.
- Proposal for a constitutional amendment to increase the 50% cap on reservations for SCs, STs, and OBCs.
- Allocation of 10% quota in jobs and educational institutions for economically disadvantaged sections.
- Provision of cashless health insurance coverage up to Rs 25 lakh.
- Conducting a nationwide socio-economic and caste census.
- Guaranteeing urban employment through a reconstruction-focused urban employment program for the urban poor.
- Discontinuation of the Agnipath scheme and reinstatement of regular recruitment in the armed forces.