Specially Written for Vikalp Sangam
I am Delfina, a queer person, and have been working with the LGBTIQA+ community for over a decade. The rainbow has been a symbol of the queer community. It is natural and beautiful but it is also rare. Can we see the rainbow in India’s national election horizon?
Historic Indifference to Electoral Politics
In the infamous judgment of Suresh Kumar Koushal (2013) (https://web.archive.org/web/20200906222227/https://main.sci.gov.in/jonew/judis/41070.pdf) some of the judges of the highest judiciary in India dismissed the queer community as a “miniscule minority” and at the same time referred the issue of IPC Section 377, which in effect criminalizes the community, to the parliament. The parliament never even took this up for a debate. We were delighted that the Honorable Supreme Court of India did admit the curative petition to its own judgment and eventually gave the landmark Navtej Singh Johar judgment in 2018 (https://web.archive.org/web/20200703201150/https://main.sci.gov.in/supremecourt/2016/14961/14961_2016_Judgement_06-Sep-2018.pdf) that overturned the previous judgment and reaffirmed the human rights of the queer community. The Court had earlier recognized the human rights of transgender persons in the watershed NALSA (2014) judgment (https://web.archive.org/web/20200906222227/https://main.sci.gov.in/jonew/judis/41070.pdf). The Rights of Transgender Persons Bill, 2014, that was introduced as a private member bill by Member of the Parliament Tiruchi Siva (DMK) and in a historic first unanimously passed in the Rajya Sabha, the upper house of Indian parliament, had several provisions protecting the actual needs of the community and also implemented the provision for reservations in education and employment as directed by the Supreme Court in the NALSA judgment. However, the 2019 version of the bill that was introduced by the government and passed in the Lok Sabha, the lower house of Indian Parliement, was clearly in violation of international law and the Supreme Court judgement (https://www.icj.org/india-parliament-must-reconsider-bill-on-transgender-rights-to-ensure-compliance-with-international-law-and-supreme-court-ruling/). Among other issues, it conflated the definition of transgender and intersex identities and criminalized begging by transgender people and at the same time failed to include any measures to improve their access to education or employment. While the government referred this to a standing committee and tried to address some of the issues, Transgender Persons (Protection of Rights) Act, 2019, and the 2020 Rules notified for the same still fails to fulfill the actual needs of the community, and the government has repeatedly ignored the critical comments from the community members, activists, and legal experts. While the Supreme Court of India has affirmed rights of those in homosexual relationships (https://www.thehindu.com/news/national/scs-same-sex-marriage-verdict-acts-as-a-formidable-document-upholding-the-indianness-of-homosexuality-and-gender-queerness/article67449610.ece) the government is unwilling to allow marriage equality. Attempts to introduce a comprehensive bill to stop discrimination against the LGBTIQA+ community have failed to materialize. While global surveys indicate that anywhere from 5% to 20% of the population of every country is likely to identify as part of the LGBTIQA+ community (https://www.ipsos.com/sites/default/files/ct/news/documents/2021-06/LGBT%20Pride%202021%20Global%20Survey%20Report_3.pdf), we do not have any census data about number of queer people in India. While obviously there are millions of such people in our country, majoritarian electoral politics has generally sidelined the community. Issues faced by the LGBTIQA+ have never been at the centerstage of political debate. Many community members have also been indifferent to electoral politics. We had repeatedly approached the judiciary to protect our constitutional rights.
The Urgent Need to Act
In this context, it is encouraging to see that over 85 movements and organizations from across India gathered under the Vikalp Sangam (https://www.vikalpsangam.org/) banner, have included clear demands and commitments regarding our community. As mentioned in the People’s Manifesto 2024 adopted by Vikalp Sangam (https://vikalpsangam.org/wp-content/uploads/2023/12/Peoples-Manifesto-2024.pdf), “commitments … are urgently required in the context of the multiple crises we face today. There is growing tide of social conflicts and ethnic or religious tension, intolerance, inequality, ill-health, erosion of cultural (including language) heritage and diversity, loss of traditional knowledge and skills, and massive ecological devastation. This is caused by the currently dominant models of economic development, which prioritise massive industrialization and infrastructure growth, as also commodification and commercialization of nature and social relations, and are dominated by men. It is also encouraged by authoritarian, religiously divisive tendencies in the state, all of these building on traditional inequalities and discrimination of various kinds including gender and caste.” This fully applies to the rainbow community as well. We have marched the streets saying “My Body, My Right! My Gender, My Right! My Sexuality, My Right! My Food, My Right!” We can no longer take our constitutional rights for granted. As India is about to go to the polls in 2024, we cannot afford to ignore our democratic rights and responsibilities. We need to act to protect democracy and rule of law for all citizens irrespective of caste, class, ability, gender, etc.
A Fresh Framework for Engagement
There is no hope for the queer community if we choose to be an isolated minority. We need to recognize that our issues are intersectional. We need a comprehensive framework in which to position our voices. I am glad that as Vikalp Sangam, we adopted the People’s Manifesto 2024. It provides such a framework for intersectional advocacy. For example, talking about legal reform, the manifesto says “Reform the legal regime to take a broader view of what is a ‘crime’ or ‘illegal’, with harm to others being the fundamental criterion of what is considered ‘punishable’ rather than ‘difference’ based on personal orientation (e.g. gender / sexual preferences); and prioritise measures of redressal, rehabilitation, and behavioural change over conventional forms of punishment such as imprisonment.” In the section on youth participation, the Manifesto states “Provide special support and services for vulnerable youth (including effective implementation of already available schemes), particularly persons with disabilities, those with mental health challenges and those from Bahujan, Adivasi, religious minority, LGBTQIA+ or other marginalised communities, especially their young women; ensure spaces of learning are safe for such youth.”
The rainbow is one of the most popular symbols of the LGBTQIA+ community, but it is also one of the most beautiful elements of nature. We need to rise above divisive politics of hatred and bigotry and work together to protect the rainbow: the rights of LGBTQIA+, the diversity of our cultures and the entire ecosystem of nature. We in the LGBTQIA+ community hope that all political parties, civil society organizations, and others who are instrumental in defining the policy directions of India, will read the entire manifesto and use it as an anchor for meaningful political debates.
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