The Congress, in its Lok Sabha election manifesto, promised to bring a law recognising civil unions between couples belonging to the LGBTQIA+ community if it was voted to power. Cash transfers for women, employment opportunities for youth, and caste census were other promises the Congress made in its manifesto that was released by party chief Mallikarjun Kharge, Rahul Gandhi, and Sonia Gandhi.
However, it must be noted that a 'civil union' is not equal to marriage. Civil union refers to the legal status that allows queer couples specific rights that are normally conferred upon married couples. A civil union does not have the same recognition in personal law as marriage.
Last year, a Constitution bench of the Supreme Court refused to grant legal recognition to same-sex marriage in a 3-2 ruling.
Chief Justice DY Chandrachud, in his minority verdict, said constitutional authorities should carve out a regulatory framework to recognise civil unions in a same-sex relationship.
CJI Chandrachud said the right to enter into a union cannot be restricted on the basis of sexual orientation. "Discrimination on the basis of sexual orientation is violative of Article 15," the Chief Justice said.
Article 15 prohibits discrimination on grounds of religion, race, caste, sex or place of birth.
The majority verdict, delivered by Justices SR Bhat, Hima Kohli and PS Narasimha, said that it was for the legislature to formally recognise and grant legal status to same-sex relationships.
