Aristotle made speech the essence of politics and posterity concurred with him. Modern democratic thought – from deliberative democracy to participatory politics – focuses overwhelmingly on voice, speech, and discourse. Speech, however, cannot be intelligible unless permeated by silence. There is meaning in what is said and in what is left unsaid as well. Silence speaks louder than words in some contexts. It denotes, sometimes, apathy and chicanery in political discourse.
The Indian general election 2024 is the greatest exercise of democracy in the history of mankind. Hence, the themes and narratives in this electoral discourse are crucial not only for Indian politics but for global society and world politics too.
The electoral debate will deliver an itinerary for the future course of political and social agenda. So, the ideas expressed and themes suppressed in the manifestoes of the political parties are worth examination and discussion.
India has umpteen political parties based on caste and religious identities, ideologies, and personality cults. Let’s examine the manifestoes of the major political parties to discern their attitude towards LGBTQIA+ rights in India.
LGBTQIA+: The humans without rights
Hilary Clinton, the then US Secretary of State, in her Human Rights Day speech in 2011, said the LGBTQIA+ community were an ‘invisible minority’ as the violations of their rights are not seen due to cultural and customs barriers prevailing in many countries.
She said:
“They are arrested, beaten, terrorised, even executed. Many are treated with contempt and violence by their fellow citizens while authorities empowered to protect them look the other way or, too often, even join in the abuse. They are denied opportunities to work and learn, driven from their homes and countries, and forced to suppress or deny who they are to protect themselves from harm. I am talking about gay, lesbian, bisexual, and transgender people, human beings born free and given bestowed equality and dignity, who have a right to claim that, which is now one of the remaining human rights challenges of our time.”
Also read: Narendra Modi and the Question of Invoking Religion in Poll Speeches
A decade later, these observations are relevant to India. Political parties, the makers and vehicles of public opinion, can contribute significantly to combat homophobia and to save the LGBTQIA+ community from the ‘invisible apartheid ‘ prevailing in the nation.
It is no secret that “cis-temic” oppression and invisible apartheid drive many queer people to suicide. One of the pioneers of LGBTQIA+ activism in Kerala, Kishor Kumar, is learned to have died by suicide in Kozhikode on April 6, this year. He was a founder member of the Queerala and the GAMA, welfare groups for queer people, and has authored books about his experiences and perspective as a gay man in Kerala. His friends allege that he had been facing harassment at the apartment he lived in for a long time, by homophobic neighbours. Homophobic campaigns, also propelled by some religious organisations, in cyberspace, are toxic and lethal, in Kerala.
Marriage equality is now a pie in the sky for the Indian LGBTQIA+ community since the Supreme Court unanimously ruled against legalising same-sex marriage in India in December 2023. The court held that the legislature must decide on bringing in same-sex marriage. This makes same-sex marriage an issue worth discussing this election.
The Yogyakarta Principles of 2007 addressed a broad range of human rights standards and their application to issues of sexual orientation and gender identity. The Principles affirm the primary obligation of States to ensure human rights of the LGBTQIA+ community. The Supreme Court of India held that the Yogyakarta Principles conform to the constitutional view of fundamental rights when decriminalising homosexuality in the case of Navtej Singh Johar v. Union of India (2018). But India has miserably failed to live up to the Yogyakarta Principles.
The silence of the parties
Indian state and society are still disregarding its citizen’s rights and individuality. The election manifestoes of the major political parties amply demonstrate the lethargy and apathy of the Indian political class towards LGBTQIA+ issues. Some of the major parties in India have presented their election manifestos for the general elections of 2024.
The dominant Bharatiya Janata Party (BJP), anchored in conservative ideology and majoritarian outlook, is lukewarm on LGBTQIA+ issues. In its manifesto, the BJP has conveniently forgotten this silent minority. The sole consolation is that the BJP vows to include transgender people in the Ayushman Bharat system and expansion of the network of Garima Grahas to cater to the needs of transgender individuals. However, the party stands tight-lipped on legal rights or social acceptance policies for the queer community. This demonstrates the BJP’s social regressiveness and hostility towards LGBTQIA+ rights advocacy.
The Congress has released its ambitious Nyay Patra. It promised the enactment of a legislation to legalise civil unions for LGBTQIA+ couples as one of its goals. But is wholly exiguous as the party shied away from the question of marriage equality and the abolition of conversion therapy. Additionally, Congress promises a constitutional amendment to include sexual orientation as a ground for no discrimination under Articles 15 and 16 of the constitution. This is the only worthy promise for the queer community in India during this election season.
The Communist Party of India (Marxist) implicitly supports Congress’ progressive position on LGBTQIA+ rights. While the party’s manifesto does not specifically address these concerns, its support for Congress indicates a readiness to push legislative attempts to promote inclusion and equality.
Similarly, the Aam Aadmi Party (AAP) promotes a “gender-affirming” approach, emphasising the necessity of providing safe spaces for LGBTQIA+ people. Both parties reflect the wider progressive spirit but lack clarity and commitment.
As India approaches the 2024 general elections, the debate over LGBTQIA+ rights is conspicuous by its absence in the campaign. While some parties, such as the Congress and the DMK, advocate for meagre policy changes and legal safeguards, others, such as the BJP, fall behind in recognising even the burning issues of the LGBTQIA+ population. Moving forward, political leaders must prioritise inclusion and equality, ultimately creating a more just and tolerant society for all. The nexus of politics and social justice necessitates aggressive actions to solve the long-standing issues faced by LGBTQIA+ people in India. But the silence of the political parties sounds aloud the apathy and lethargy of political class and society towards the queer community in India.
The Indian LGBTQIA+ person is “an infant crying in the night; an infant crying for the light; and with no language but a cry.” A cry is not enough, let them shout to assert their natural rights.
Faisal C.K is Deputy Law Secretary to the Government of Kerala.
Parth Raman is Director, Council for Policy Research and Analysis, New Delhi.
Views are personal.
