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Election in India’s most popular state seen as crucial LGBTQ rights test

Right-wing Bharatiya Janata Party currently governs Uttar Pradesh

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(Bigstock photo)

India’s most populous state and a battleground for Prime Minister Narendra Modi will hold the election in seven phases in February as the Election Commission of India has announced.

The Uttar Pradesh election is the key prize in India’s parliamentary election as the state holds 80 parliamentary seats, the most in the country. Uttar Pradesh’s LGBTQ community and LGBTQ people from across the country have been eyeing this election because it can play a crucial role in policy changes for the community in India.

The Bharatiya Janata Party (BJP), a right-wing nationalist party, is ruling Uttar Pradesh. The party is also ruling the country under Modi, but it has not been supportive of same-sex marriage.

“We are not a minority anymore. The community is thriving in the state,” said Lovpreet, a Lucknow-based activist who works for transgender rights in Uttar Pradesh. “If the current government is not going to give us the right for same-sex marriage, we should remove the government in this election.”

The ruling party is yet to release its election manifesto, but the party is not considering listing LGBTQ issues in it.

A newly married same-sex couple from New York last year applied for an OCI (overseas citizen of India) Card, which would have allowed them multiple entries and a multi-purpose life-long visa to visit India, but the country did not recognize them as legally married and refused to issue it to them.

The couple filed a petition in Delhi High Court. Solicitor General Tushar Mehta, who is the central government’s legal representative, stated in response to the petition that marriage is permissible between a “biological male” and “biological female” and the government therefore cannot issue an OCI Card to their spouse.

Although India struck down a colonial-era law that criminalized homosexuality in 2018, there is still no law for same-sex marriage. The LGBTQ community has been demanding for years that political parties legalize same-sex marriage, but the issue is yet to appear in any party’s manifesto.

Lovpreet, who lives in Uttar Pradesh, believes that BJP is doing some good, like forming a trans advisory board last September.

“BJP is slowly moving towards being LGBTQ friendly, and if given the time and opportunity, it can do some good in the future,” said Lovpreet.

The Indian National Congress (INC), a leading central left-wing party, is also fielding its candidate in the state election, but the party does not see LGBTQ issues as important.

Dr. Shashi Tharoor, an MP and chair of All India Professionals Congress, the INC’s professional wing, refused multiple requests to speak on the legalization of same-sex marriage. The INC last week released its manifesto for the Uttar Pradesh election, but there were no promises for the LGBTQ community.

Former Defense Minister Jitendra Singh, an INC member who will set the party’s agenda ahead of the Uttar Pradesh election, also refused to speak about the legalization of same-sex marriage and other LGBTQ issues in the state and the country.

Ram Gopal Yadav, the leader of the left-wing socialist Samajwadi Party and the head of the Council of States (Rajya Sabha), the upper house of the Indian Parliament, in 2013 while speaking with the media explicitly said that homosexuality is “unethical and immoral.” But the Samajwadi Party has recently changed its tone regarding the community.

“With every aspect, whether it is farmers, whether it is women, whether it is children or the LGBTQ community, there will be continuous policy measures of the party that are progressive and liberal,” said Samajwadi Party spokesperson Ghanshyam Tiwari. “When the government is progressive and not bounded by dogma, then every issue related to any community has to be looked at in a manner that gives equal opportunity and be empathetic towards them. The more vulnerable the community is, the greater government needs to do,” he added further. 

The Mayawati Prabhu Das-led Bahujan Samaj Party, a national party that is running in the Uttar Pradesh election, has emerged as an LGBTQ ally. The party, however, has not released its election manifesto and it is yet to be seen if it will include LGBTQ issues.

There is no political party in Uttar Pradesh or the country with significant LGBTQ representation.

Tiwari in a statement to the Washington Blade said there is no plan yet for the Samajwadi Party to field candidates from the community in the upcoming election, but the party can consider it for the upcoming parliamentary election.

“The central government is not decriminalizing same-sex marriage. They are looking at the conservative vote bank,” said Preeti Sharma Menon, a spokesperson of the Aam Aadmi Party.

Aam Admi Party is a national party in the country. The party had fielded candidates in previous Uttar Pradesh elections but had no significant luck.

“To appease conservative voters, the ruling party, the BJP, is not taking steps to legalize same-sex marriage,” Menon added further.

The Aam Aadmi Party in the previous parliamentary election had a trans candidate from Uttar Pradesh. The party has expressed its desire to field other candidates in the state’s election from the community.

The BJP is ruling both the country and the Uttar Pradesh with no intention to support or address LGBTQ issues.

Senior BJP leader Sudhir Mungantiwar from the state of Maharashtra last year made several homophobic comments in Parliament. The party did not punish him, nor did other political parties condemn his statements.

It is yet to be seen how this election impacts policies of different political parties for the LGBTQ community in the upcoming parliamentary election of the country.

Mohit Kumar (Ankush) is a freelance reporter who has covered different stories that include the 2020 election in the U.S. and women’s rights issues. He has also covered NASA, the European Space Agency, the Canadian Space Agency and loves to help people. Mohit is on Twitter at @MohitKopinion and can be reached at [email protected].

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Ghana

Ghanaian lawmakers approve anti-LGBTQ bill

Measure that would criminalize allyship awaits president’s signature

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Ghanaian flag (Public domain photo from Pixabay)

Ghanaian lawmakers on Friday approved a bill that would, among other things, criminalize LGBTQ allyship.

Reuters reported MPs approved the Human Sexual Rights and Family Values Bill, 2025, in a voice vote after parliament’s Constitutional and Legal Affairs Committee backed it.

MPs in 2024 approved a similar bill, but it faced legal challenges and then-President Nana Akufo-Addo didn’t sign it. Lawmakers last year reintroduced the measure after President John Dramani Mahama took office.

The bill awaits his signature.

Rightify Ghana, a Ghanaian LGBTQ advocacy group, in a series of social media posts notes MPs passed the bill days before the 4th African Inter-Parliamentary Conference on Family Values and Sovereignty will take place in Accra, the country’s capital.

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Russia

Nine Russian LGBTQ groups deemed ‘extremist’ banned

Human Rights Watch: authorities ‘intensifying their criminalization’ of queer people

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(Washington Blade photo by Ernesto Valle)

Nine LGBTQ groups in Russia have been banned so far this year after authorities deemed them as “extremist.”

Human Rights Watch on Thursday noted courts in seven regions between March and May banned Coming Out, the LGBT Resource Center, Parni Plus, the Moscow Community Center for LGBT+ Initiatives, Irida, the Russian LGBT Network, the Kallisto movement, T9 NSK, and Center T. Human Rights Watch also pointed out a lawsuit has been filed against the Alliance of Straights and LGBT for Equality.

Parni Plus is an LGBTQ media outlet.

“Russian authorities are intensifying their criminalization of those who provide critical support to the very LGBT people they have systematically persecuted,” said Human Rights Watch Europe and Central Asia Director Hugh Williamson in a press release. “Authorities should vacate all court decisions and criminal convictions based on these spurious ‘extremism’ charges.”

The Kremlin over the last decade has faced global criticism over its crackdown on LGBTQ rights.

The Russian Supreme Court in 2023 ruled the “international LGBT movement” is an extremist organization and banned it.

The country in January designated ILGA World, a global LGBTQ and intersex rights group, as an “undesirable” organization. ILGA World in response to the designation noted Russians who are found guilty of engaging with “undesirable” groups face up to six years in prison.

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China

China’s top court acknowledges anti-LGBTQ discrimination

Postgraduate student petitioned for legal clarification

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(Photo by Aylandy/Bigstock)

China’s Supreme People’s Court on May 8 issued a rare response to a petition involving LGBTQ discrimination.

In a surprising response; it discussed sexual orientation, gender identity, and gender expression. The response also mentioned workplace discrimination, public humiliation, and school bullying, language considered uncommon from China’s legal system.

The response stemmed from a proposal submitted by a postgraduate student in Qingdao through China’s xinfang petition system on March 25, urging the court to establish clearer judicial standards against discrimination based on sexual orientation and gender identity. Six weeks later, the Supreme People’s Court Research Office issued a written reply.

The Research Office is an internal legal and policy body within the Supreme People’s Court. It studies legal issues, drafts judicial guidance, and responds to legal inquiries submitted through official channels. Its responses do not carry the same legal weight as a judicial interpretation or court ruling.

“The opinions and suggestions you raised are of great value,” reads a translated version of the Supreme People’s Court Research Office response. “In order to thoroughly implement the Constitution, Civil Code, Employment Promotion Law and other legal provisions, and effectively protect citizens’ personality rights from infringement, the Supreme People’s Court has guided local courts at all levels to handle a number of related cases, and through typical cases and other forms has clarified adjudication rules.”

The response stated that courts may determine public insults, defamation and, discriminatory conduct targeting sexual orientation, gender identity and gender expression as infringement of personality rights. It also said employers treating individuals differently in hiring, employment, transfer or dismissal based on those characteristics could face employment discrimination claims. Schools could also bear legal responsibility for improper discipline or bullying involving students based on sexual orientation, gender identity and gender expression, according to the response.

“It’s not a systematic change from the authorities recognizing LGBTQ rights,” said Renn Hao, an LGBTQ activist in China. “However, it’s an informal statement from the Supreme Court. According to a scholar researching LGBTQ legal cases in China, courts are recognizing more cases involving LGBTQ discrimination and same-sex partners through their verdicts.”

China decriminalized consensual same-sex sexual relations in 1997 and removed homosexuality from the country’s list of mental disorders four years later. Chinese law, however, does not recognize same-sex relationships.

Public advocacy involving LGBTQ issues also remains tightly controlled. Authorities in recent years have continued restricting community organizing, public events, and online expression involving sexual minorities.

Discussions involving LGBTQ issues are also frequently censored on Chinese social media platforms. 

Activists and advocacy groups say Chinese authorities in recent years have removed online content, shut down LGBTQ student group accounts and restricted public discussion involving sexual minority issues. After the Supreme People’s Court response began circulating online, related posts and articles were also removed from some Chinese platforms.

“It may still be too early to fully assess the long-term impact, as this development has only just happened and the situation is still unfolding,” said Xiaogang Wei, a Beijing-based LGBTQ rights activist, filmmaker, and founder of the China Rainbow Collective Foundation. “Although the reply is not legally binding, it represents a rare form of institutional acknowledgment of SOGIE-related discrimination in China. For Chinese LGBTQ people and advocates, this could become a meaningful reference point for future legal advocacy, public communication, and community awareness.”

Wei said the rapid removal of related posts and articles limited the development’s broader public impact and underscored how fragile LGBTQ visibility remains in China. 

“This is why we believe it is important to continue sharing verified information and ensuring that this development is not erased from public understanding,” Wei said.

Chinese courts in recent years have also heard a number of LGBTQ-related employment discrimination cases, despite the absence of explicit nationwide protections based on sexual orientation or gender identity. In one notable case, the Supreme People’s Court in 2018 formally recognized “equal employment rights disputes” as a legal cause of action, allowing some discrimination-related cases to proceed through the courts.

Chinese courts have previously handled several LGBTQ-related disputes involving employment discrimination, custody, and so-called conversion therapy. In 2024, a Beijing court drew attention after recognizing visitation rights for a child involving a same sex couple, a decision activists described as a milestone for LGBTQ families in China.

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