CPI(M) Manifesto Promises Legal Recognition For Same-Sex Couples, Repeal Of UAPA & CAA, Replacement Of PMLA

Ahead of the 18th Lok Sabha polls, the Communist Party of India (Marxist) recently came out with its Election Manifesto.Among the promises made, the party declared its commitment towards securing legal recognition and protection for same-sex couples. Under the head of LGBTQ+ rights, the manifesto states, "legal recognition and protection" will be provided to same-sex couples "similar to marriage - civil union"/same-sex-partnerships, legislation/s on similar lines as Special Marriage Act, 1954 so that the partner can be listed as a dependent, for inheritance, alimony in case of divorce etc."It may be recalled that last year, a Constitution Bench of the Supreme Court refused to grant legal recognition for queer marriages in India saying that it was a matter for the legislature to decide.Besides the aforesaid, some other key promises made by CPI(M) in its manifesto are as under:(1) Repeal of the Unlawful Activities Prevention Act, National Security Act and the Armed Forces Special Powers Act.(2) Replacing of the Prevention of Money Laundering Act with suitable law to prevent misuse. CPI(M) claims that the Enforcement Directorate must be divested of its law-enforcement powers.(3) A full-fledged review and revision of the 3 new criminal laws to eliminate anti-democratic provisions and enhancement of police powers, as well as to protect right to dissent.(4) Removal of death penalty from statutes.(5) Scrapping of the Citizenship (Amendment) Act, 2019 (CAA), which seeks to provide - by accelerated means - Indian citizenship to religious minorities from Afghanistan, Bangladesh and Pakistan (excluding Muslims) who arrived in India by 2014.(6) Replacing of Article 356 of the Constitution (provision in case of failure of Constitutional machinery in State) with a suitable provision and amending of Article 355 (Union's duty to protect states from external aggression and internal disturbance) to prevent their misuse.(7) Enactment of a legislation to concretely define the working conditions of Gig/Platform-based/App-driven workers and those "working from home‟.(8) Enactment of a stand-alone law to deal with honor crimes; a law against trafficking of women and children; protective legislation for domestic workers and for homebased workers; special schemes for female headed families.(9) Enactment of a central legislation to provide reservations in the private sector.(10) Amendment of the Transgender Persons (Protection of Rights) Act, 2019 to address concerns raised by the community.(11) Scrapping of the Digital Personal Data Protection Act (2023), "which is meant to cement digital authoritarianism by giving State agencies broad powers of surveillance over citizens and also big businesses a free hand to use citizens‟ data for their own profits."(12) A legislation to protect journalists from arbitrary arrests and malicious prosecution.(13) Constitution of a National Judicial Commission as an independent Constitutional body comprising of representatives from judiciary, executive, legislature and Bar for appointments, transfers and to examine instances of commission/omission of judges and to ensure judicial accountability.(14) Amendment of the CEC and Other ECs Act, 2023 to provide for members of the EC to be appointed by the President on the advice of a committee consisting of the Prime Minister, the Leader of the Opposition and Chief Justice of Supreme Court.

CPI(M) Manifesto Promises Legal Recognition For Same-Sex Couples, Repeal Of UAPA & CAA, Replacement Of PMLA

Debby Jain

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