Only CPI(M) has openly backed same-sex marriage, Oppn mostly chary, wanted SC to take lead

Some of the leaders had argued in private that same-sex marriage was an alien concept and issues like these didn’t figure in the agendas of their parties.

Among those that openly backed same-sex marriage was the CPI(M). “We support the rights of same-sex partners to get legal recognition of their relationship as marriage. The Court must intervene as the present government has made it clear that it does not support such a right,” senior CPI(M) leader Brinda Karat had told The Indian Express.

Earlier too, the CPI(M) and CPI were the only parties to take a clear-cut position supporting decriminalisation of same-sex relations, when the Delhi High Court first ruled in 2009 that consensual intercourse between two adults was not illegal. The Supreme Court endorsement took another nine years.

Asked for his views, Congress Lok Sabha MP Shashi Tharoor had said he could not speak for his party but he would certainly support recognition of same-sex marriage.

“In the event of resistance from the majority, I would also be open to a two-stage process under which we initially legally enable ‘civil partnerships’ (contract arrangements that grant the legal rights of spouses to same-sex partners). After seeing how that works in Indian society, at the second stage, same-sex marriage might be permitted. But denying civil rights to such partners is wrong and unjustifiable and should be remedied without delay,” he had said.

His party colleague and Lok Sabha MP Manish Tewari had said he too supported same-sex marriage in his personal capacity. “I do not speak for the Congress. My personal view as an MP is that after a five-judge Constitution Bench of the Supreme Court read down Section 377 of the IPC unanimously… there is no criminality if people of the same sex cohabit. Under those circumstances, a law that legalises that relationship should be a natural corollary,” he told The Indian Express.

Senior lawyer and Congress Rajya Sabha MP Abhishek Singhvi, who appeared as lead counsel for one of the parties, argued on the same grounds – that the existing law can be read down by courts to subsume same sex-marriage. He had told The Indian Express that if the BJP government does so, “it will satisfy most petitioners”. However, he had added, “it is a hypothetical and meaningless question because the government has vociferously opposed same-sex marriage and any legislation will only ban it explicitly, not allow it”.

Like the Congress, other parties too ducked the question.

Sources said at the time that one leader who might lend his individual support to the matter was senior Trinamool Congress leader and its Leader in the Rajya Sabha Derek O’Brien. He was said to have given a notice for introducing a private member’s Bill seeking legalisation of same-sex marriage.

Asked about the JD(U) stand, its leader K C Tyagi had said: “I am not up to date with the matter.”

Another leader of a party from the Hindi heartland had said he personally believed that the government should accept the “reality” and legalise same-sex marriage, but could not comment since he felt his party may not share his view.

Bharat Rashtra Samithi Rajya Sabha MP K Keshava Rao had refused to comment, same as leaders of the Aam Aadmi Party and Shiv Sena.