It's the first election in India where the rights of sexual minorities are a political issue. Three major political parties – the Congress, the Aam Aadmi Party and the Communist Party of India (Marxist) – have pledged to decriminalise consensual same-sex relations if elected, suggesting the rising societal support for the rights of sexual minorities could find political resonance.
The Congress manifesto also promises protection for the rights of transgenders, who have only just found inclusion in the country’s electoral process this year, with the “other” gender option being introduced to voter ID cards. While neither queer support groups nor the parties themselves have official numbers on the LGBTQ (lesbian, gay, bisexual, transgender and queer) demographic in various constituencies, even symbolic support at this stage is highly encouraging, say members of the queer community.
The AAP manifesto is yet to be released, but the party has been actively engaged in dialogues with the LGBTQ community regarding the sensitisation of its members on issues of gender, most recently at a workshop moderated by queer filmmaker and AAP member, Onir. “It is important for us not to be seen as a minority, but as part of a mainstream conversation about sexual autonomy,” he said.
The Bharatiya Janata Party is yet to release their poll manifesto, but party President Rajnath Singh has in the past described homosexuality as “unnatural” and stated his support for Article 377, the legal provision that criminalises a broad range of sexual acts, including homosexual intercourse between consenting adults.
The Congress’ apparent support for same-sex relations comes at a time when the Indian LGBTQ community has faced its most serious setback yet. In December 2013, a two-judge bench of the Supreme Court upheld Section 377, rejected the Delhi High Court judgment in favour of decriminalisation. Shortly after, the apex court dismissed a fresh petition by the Naz Foundation to review its own judgment – shutting down any further legal conversations on the rights of what it decreed a "miniscule minority".
While petitioner Naz Foundation has faced criticism in the past for choosing the legal route to contest section 377, instead of lobbying for change in the legislature, it appears that the Supreme Court’s conservative ruling has ironically catalyzed a strong political support base for queer rights. “Despite marginalisation, the young, queer voter has a new and strong identity," said gender rights activist Gautam Bhan. “This is a generation that has discovered its voice in the five years since the Delhi High Court’s judgment. They want progress, but not at the cost of personal freedoms.”
On social media and in real life, the LGBTQ community has been discussing if India has a "queer vote", and whom they should vote for anyway. “The marginalised may remain hidden,” said writer and queer activist Lesley Esteves, “but we do realise that we are all being threatened by a common enemy.” Esteves says the decision of the three parties to support of gay rights is a “smart political move”. Even if it does not translate into votes, it does show that all three are willing to “stick their necks out” against the the Supreme Court judgment and demonstrate their opposition to the BJP's position on queer rights. “Now more than ever,” she said, “it has become clear who not to vote for.”
Since December 2012, and the nationwide protests that followed the rape and murder of a 23-year-old female in New Delhi, it has been evident that questions of gender and sexual autonomy will be pivotal to the country’s upcoming general elections. While parties across the board have addressed the question of women’s security, only the Congress, AAP and CPI (ML) realise that questions of gender and sexuality are an essential way to address and the politics of social conservatism, and reach out to the young urban voter. "Even if we had won the legal battle, social acceptance might have taken another couple of decades for same-sex partners,” said equal rights activist Harish Iyer. "I think a few political parties have definitely accelerated that process now."
While frequent users of Grindr, a mobile dating app for gay men, were recently surprised to find automatically generated BJP advertisements between searches for prospective partners, the party’s refusal to speak on Section 377, particularly in light of the AAP and Congress’ pledge for decriminalisation, is being described as an "active silence". "There are still people of privilege that continue to identify as homosexual and support the BJP,” said historian Mario da Penha, "but they are largely enamoured by the muscularity of Hindutva, or the veneer of order and development that Modi promises.”
The silence may not last long for the BJP. The party's Lok Sabha representative from Vadodara, Balakrishna Shukla, champions gay rights. He recently told Scroll.in: "The BJP as a political party does not support homosexuality. But I have supported and worked for the transgender community and addressed the issues of the gay population as a local member of parliament. The constitution of the country gives every person a right to equality, freedom of expression and personal liberty, and as a member of parliament it is my responsibility to acknowledge the demands and issues if a certain section approaches me.’’ He may not have further opportunity to do so, however, because he has given up his seat for Narendra Modi and is currently campaigning for him.
The Congress manifesto also promises protection for the rights of transgenders, who have only just found inclusion in the country’s electoral process this year, with the “other” gender option being introduced to voter ID cards. While neither queer support groups nor the parties themselves have official numbers on the LGBTQ (lesbian, gay, bisexual, transgender and queer) demographic in various constituencies, even symbolic support at this stage is highly encouraging, say members of the queer community.
The AAP manifesto is yet to be released, but the party has been actively engaged in dialogues with the LGBTQ community regarding the sensitisation of its members on issues of gender, most recently at a workshop moderated by queer filmmaker and AAP member, Onir. “It is important for us not to be seen as a minority, but as part of a mainstream conversation about sexual autonomy,” he said.
The Bharatiya Janata Party is yet to release their poll manifesto, but party President Rajnath Singh has in the past described homosexuality as “unnatural” and stated his support for Article 377, the legal provision that criminalises a broad range of sexual acts, including homosexual intercourse between consenting adults.
The Congress’ apparent support for same-sex relations comes at a time when the Indian LGBTQ community has faced its most serious setback yet. In December 2013, a two-judge bench of the Supreme Court upheld Section 377, rejected the Delhi High Court judgment in favour of decriminalisation. Shortly after, the apex court dismissed a fresh petition by the Naz Foundation to review its own judgment – shutting down any further legal conversations on the rights of what it decreed a "miniscule minority".
While petitioner Naz Foundation has faced criticism in the past for choosing the legal route to contest section 377, instead of lobbying for change in the legislature, it appears that the Supreme Court’s conservative ruling has ironically catalyzed a strong political support base for queer rights. “Despite marginalisation, the young, queer voter has a new and strong identity," said gender rights activist Gautam Bhan. “This is a generation that has discovered its voice in the five years since the Delhi High Court’s judgment. They want progress, but not at the cost of personal freedoms.”
On social media and in real life, the LGBTQ community has been discussing if India has a "queer vote", and whom they should vote for anyway. “The marginalised may remain hidden,” said writer and queer activist Lesley Esteves, “but we do realise that we are all being threatened by a common enemy.” Esteves says the decision of the three parties to support of gay rights is a “smart political move”. Even if it does not translate into votes, it does show that all three are willing to “stick their necks out” against the the Supreme Court judgment and demonstrate their opposition to the BJP's position on queer rights. “Now more than ever,” she said, “it has become clear who not to vote for.”
Since December 2012, and the nationwide protests that followed the rape and murder of a 23-year-old female in New Delhi, it has been evident that questions of gender and sexual autonomy will be pivotal to the country’s upcoming general elections. While parties across the board have addressed the question of women’s security, only the Congress, AAP and CPI (ML) realise that questions of gender and sexuality are an essential way to address and the politics of social conservatism, and reach out to the young urban voter. "Even if we had won the legal battle, social acceptance might have taken another couple of decades for same-sex partners,” said equal rights activist Harish Iyer. "I think a few political parties have definitely accelerated that process now."
While frequent users of Grindr, a mobile dating app for gay men, were recently surprised to find automatically generated BJP advertisements between searches for prospective partners, the party’s refusal to speak on Section 377, particularly in light of the AAP and Congress’ pledge for decriminalisation, is being described as an "active silence". "There are still people of privilege that continue to identify as homosexual and support the BJP,” said historian Mario da Penha, "but they are largely enamoured by the muscularity of Hindutva, or the veneer of order and development that Modi promises.”
The silence may not last long for the BJP. The party's Lok Sabha representative from Vadodara, Balakrishna Shukla, champions gay rights. He recently told Scroll.in: "The BJP as a political party does not support homosexuality. But I have supported and worked for the transgender community and addressed the issues of the gay population as a local member of parliament. The constitution of the country gives every person a right to equality, freedom of expression and personal liberty, and as a member of parliament it is my responsibility to acknowledge the demands and issues if a certain section approaches me.’’ He may not have further opportunity to do so, however, because he has given up his seat for Narendra Modi and is currently campaigning for him.
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