The Congress has promised to deliver "nyay" to the LGBTQ community by legalising same-sex marriage if voted to power in the upcoming Lok Sabha polls.

“After wide consultation, Congress will bring a law to recognise civil unions between the LGBTQIA+ community,” the Congress promised in its manifesto titled ‘Nyay-Patra’, which was released on Friday in Delhi, thus becoming the second party after the CPM to embrace the much-needed progressive idea.

The Congress has also promised to “expand Articles 15 and 16 of the Constitution to prohibit discrimination on the ground of “disability”, “impairment” or “sexual orientation.”

The Congress promise of “civil union” is not equal to marriage, as it does not have the same recognition in personal law as marriage.

Under section 377 of the Indian Penal Code --- most of the laws framed while India was a British colony --- sexual acts considered “against the order of nature” were criminalised, setting the grounds for prosecution of those preferring same-sex partners. Though the law was struck down in 2018, same-sex marriage is not allowed.

About a decade ago, the CPM had first promised to decriminalise gay sex in its manifesto announced in March 2014.

In the 2024 manifesto that CPM general secretary Sitaram Yechury released on Thursday, the party has promised “legal recognition and protection to same sex couples similar to marriage – ‘civil union/ same sex partnerships’, legislation/s on similar lines as Special Marriage Act, 1954 so that the partner can be listed as dependent, for inheritance, alimony in case of a divorce etc.’

The CPM has also promised “a comprehensive anti-discriminatory bill covering LGBTQ+, ensuring crimes against members of the LGBTQ+ communities are treated at par with those against heterosexual persons, measures to address bullying, violence and harassment of gender non-conforming and LGBTQ+ students, staff, and teachers in educational spaces; enforcement of UGC anti-ragging policy amendment (2016) that addresses ragging based on sexual orientation and gender identity, ensuring accessible and safe bathrooms for trans, intersex and gender non-conforming students, staff and faculty.” Regarding the rights of transgenders, the CPM is in favour of amending the Transgender Persons (Protection of Rights) Act, 2019 to address the concerns of the community.

Writer Akash Mehrotra called the Congress’ taking a stand on same-sex marriages as a “big win.”

“Yes,” wrote filmmaker Onir on X. “Huge respect for INC India for not being what is perceived as populist and promising us a more equal nation. A party that promises not to treat me as a second class citizen has my love. Thank you to all those within the party that made this possible.”

In 2023, a Constitution bench of the Supreme Court had refused to grant legal recognition to same-sex marriage and referred it to the Parliament. The majority verdict, delivered by Justices SR Bhat, Hima Kohli and PS Narsimha, said it was for the legislature to formally recognise and grant legal status to same sex marriages.

Mario de Penha, one of the petitioners demanding same sex marriages be legalised, called it a historic day.

“A historic day for the LGBTQIA+ community in India. INC becomes the second party after CPM to promise civil unions. While this isn’t enough, the pledge of wide consultations keeps the doors open for engagement on the other issues that affect our lives.”

The chairman of Professionals’ Congress and one of the architects of the party’s manifesto, Praveen Chakravarty, said it was a reflection of the demands on the ground.

“We met a lot of members from the community in different cities like Hyderabad, Delhi, Chennai, Mumbai and other places and everywhere we went this is what was the strongest demand,” said Chakravarty.