The resolution was adopted by the 24th Party Congress of CPI(M)
The 24th Congress of the Communist Party of India (Marxist) stands in solidarity with the LGBTQI community in the fight for their rights.
The LGBTQI community, especially transgender individuals, remains one of the most vulnerable populations worldwide. With the rise of right-wing politics globally, the lives of LGBTQI persons have become even more difficult. In some countries, governments have actively sought to erase their identities or restrict their rights.
The Modi government’s overall approach to LGBTQI+ issues, apart from being regressive, has been marked by tokenism and inconsistency. Pandering to right-wing sentiments, it has refused to amend discriminatory laws that deny LGBTQI+ individuals many essential rights. Despite the decriminalization of same-sex relations in 2018, significant legal and social challenges persist. Same-sex couples are not legally recognized and are excluded from civil unions. They have no legal protections related to property, insurance, custody, or adoption.
The 2014 National Legal Services Authority (NALSA) verdict recognised transgender persons’ right to self-identify and mandated horizontal reservations in jobs and education. The Modi government has refused to amend the Transgender Persons (Protection of Rights) Act 2020, to provide for reservation in education and employment, which could have addressed the systemic barriers to an extent.
Societal and bureaucratic barriers deny transgender individuals access to treatment under the “Ayushman Bharat” scheme. This is compounded by stigma and the lack of awareness about their unique needs.
Garima Grehs were set up for transgender individuals rejected by families and communities. Managed by NGOs they have been facing problems due to inexplicable delays in funding. Combined with the fact that only 18 of these shelter homes have been set up in the entire country and they house a mere 414 individuals, lays bare the callous approach of the Modi government in addressing their issues. The 2011 census estimates their population to be around five lakhs.
In addition to legal and social challenges, the LGBTQI community is also frequently excluded from the mainstream educational system, employment opportunities, and healthcare. This exclusion exacerbates their marginalization.
In the light of the above, the 24th Congress of the CPI(M) demands:
1. Amendment of the Transgender Persons (Protection of Rights) Act 2020 in consonance with the NALSA judgement and addressing other concerns.
2. Removing barriers in accessing health services by the LGBTQI community.
3. Set up adequate number of shelter homes for transgender individuals and substantially enhance budgetary allocations for them.
4. Legislation to formally recognise same sex unions and provide them adequate protections.
5. Adoption of gender-neutral policies across sectors.