Panel to address queer rights welcome

The central government has done well to set up a committee to address issues related to the queer community. The six-member committee, to be headed by the Cabinet Secretary, is tasked to suggest measures to ensure that the queer community does not encounter any discrimination in accessing goods and services, social welfare schemes, or face threat of violence, among others. It follows a direction from the Supreme court last October while hearing the petition on same-sex marriage. The government had made an undertaking that it would take measures to protect the rights of the community. The government delayed the formation of the committee by about six months, and has now done it when the model code of conduct is in force. It could also have been a response to the promise made by the Congress in its election manifesto that it would bring legislation recognising civil unions among queer people.

The Congress also stopped short of a promise to recognise marriages among queer people. The terms of reference for the government’s committee do not specifically mention recognition of queer couples or partnerships. It will look into measures to make sure that queer people are not subjected to involuntary medical treatments and surgeries, including modules to cover mental health. It has been given a mandate to take up issues that it may deem necessary. It can also co-opt experts and other officers if deemed necessary.

The Supreme Court had declined to legalise same-sex marriages, placing the responsibility of the decision on Parliament and state governments. The Congress had said that it would deliberate on the matter, and has now come out with a promise of recognising civil unions. The government had stoutly opposed the idea of legalising same-sex marriages. But the court had told the government to ensure that social, economic and civic rights were not denied to same-sex couples. These included the right to queer partners to be treated as family while applying for ration cards and other facilities and while setting up joint bank accounts, and the right to be considered next of kin for medical processes, and in situations like burial. Much of this is yet to be done. Discrimination against queer individuals is widespread in all spheres. The committee should be able to push forward the rights and welfare programme for them. The formation of the committee may be an indication that the government is sensitive to the political importance of the LGBTQ community. It should lead to right policies and actions.