India
Bollywood films increasingly explore LGBTQ, intersex issues
Actress Celina Jaitly has appeared in U.N. ‘Free and Equal’ campaign

Music, dance, color, compelling stories and drama: Welcome to the world of the Indian film industry.
With the production of more than 1,500 films every year, the industry is the largest in the world. Movies like “Dangal,” a 2016 film about wresting, impacted Indian society’s views towards girls. In a country with limited awareness of Tourette’s syndrome, the 2018 film “Hichki,” which means “hiccup” in Hindi, successfully sensitized audiences.
But the Indian film industry before 2015 failed to highlight an integral part of Indian culture: The LGBTQ and intersex community.
The 1971 movie “Badnam Basti,” which means “Infamous Neighborhood” in Hindi was dubbed as India’s first gay film. The movie disappeared into oblivion soon after its release, and the 35 mm film print was only recently discovered in a Berlin archive. The Central Board of Film Certification, a film certification body under the Indian government’s control, in 1971 certified the film as A-rated, meaning for adults only. According to Hari Om Kapoor, the son of “Badnam Basti” director Prem Kapoor, the film never explicitly showed homosexuality but implied it through scenes.
When India was going through a tumultuous time in 2004, and the political landscape was changing, “Girl Friend” appeared on large screens.
Although it was not the first lesbian feature film, it portrayed a lesbian character as evil and stereotypical. The film explored a love triangle between two girls’ best friends and a man. One girl — Tanya, who played by one Bollywood’s biggest stars, Isha Koppikhar, soon realizes she is in love with her best friend, Sapna, who Amrita Arora plays. But Sapna is in love with a man, Rahul, played by Ashish Chaudhary. When Rahul realizes that Tanya is too close to Sapna, making him uncomfortable, he vindicates Tanya for the troubled relationship. The film then ends with the gruesome murder of Tanya by Rahul and Sapna, portraying Tanya and Rahul as heroes, and a lesbian character, Tanya, ends up becoming evil. This film received poor reviews from film critics.
“Indian cinema has played an important role in conditioning the mindsets of Indians of all backgrounds, and while the recent it has made great leaps in the types of cinema being attempted, most Hindi films still thrive on the offensive and stereotypical portrayal of the non-binary gender characters,” said Celina Jaitly, a former Miss India and one of the most popular Indian actresses.
Jaitly, through her performance in various big films, won millions of hearts in India and globally. Her activism in India for LGBTQ and intersex equal rights attracted the endorsement of the U.N. High Commissioner for Human Rights, which in 2013 made her an Equality Champion. Jaitly has supported the U.N. Free and Equal campaign to counter homophobia and transphobia.
“I have always wondered as an actor, why a gay or a trans person is constantly seen as outside the bounds of ‘normal.’ Ironically, despite the rampant transphobia, one particular trope is extremely popular in Bollywood, even after so many years, and that is cross-dressing men,” she told the Washington Blade. “Trans people are abnormal but cis men in drag are applauded. Every time a ‘hero’ dresses in drag it is considered to be iconic piece of performance, it’s always been difficult to wrap my head around that one. Casting trans and gay people in trans roles is still a challenge as cisgender actors consider it as a loss of opportunity to win awards, and producers/directors would rather cast cis actors who pull in an audience rather than a trans or a gay actor who pulls in the character.”
Jaitly, who have worked in the Indian film industry for more than a decade, appeared in “Seasons Greeting” last year in which a trans person is the lead actress.
Jaitly said she has fought for LGBTQ and intersex rights in India for years, and the reason for which she agreed to work in “Seasons Greeting” is that the director Ramkamal Mukherjee cast a trans woman for the first time in a trans lead film. Jaitly told the Blade that she believes in the importance of trans/gay cast in a trans/gay role, and only they can and should portray and become the beacons of reflections of the agonies and ecstasies of their journeys no matter what the script.
“Filmmakers hold supreme responsibility in being sensitive, empathetic, and rational while attempting to make films on the said theme,” said Jaitly. “And as complex, as it may seem, the underlying principles of treating people respectfully and equally is a no-brainer and requires no special education. Cinema like literature is the reflection of society and not only does it influence the society but has great impact on successive generations.”
In 2008, the star-studded romantic comedy film “Dostana,” which means “friendship” in Hindi, also attracted criticism and praise for depicting a gay couple.
Hollywood sensation Priyanka Chopra played a central role, with megastars like John Abraham and Abhishek Bachchan. The film explores the world of two men living in Miami who pretend to be a gay couple so they can live with a charming girl (Chopra), and they both eventually fall in love with her. Many critics argued that the film mocked LGBTQ and intersex people and making fun of the serious subject. But some critics also said that the presence of megastars like Chopra helps make audiences feel comfortable about the issue.
The Blade reached out to Chopra for a comment, but the actress did not respond.
With the advent of cheaper mobile data in India after 2015, more people are aware of LGBTQ and intersex people, and the Indian film industry is making LGBTQ and intersex-based films more than ever.
Maanvi Gagroo, a prominent Indian actress, in an email to the Blade said that there was hardly if any, LGBTQ and intersex representation in Bollywood for the longest time. And whatever little there was, was almost always comedic. Gagroo believes comedy can be a great tool for social change.
“it was always the manner or the nature of the humor that was problematic for me. Often the jokes were at the cost of the gay/queer characters, and audiences were meant to laugh AT them rather than WITH them. These characters never had any sort of redemption, no arc and often created and/or perpetuated outlandish, garish stereotypes!” said Gagroo. “There is hope though. I see makers becoming much more sensitive towards the community. And this change is parallel in society as well. I mean we only decriminalized homosexuality a few years ago. Now whether Bollywood is mirroring society or vice versa, I can’t comment but the change is positive for sure.”
Gagroo’s first LGBTQ and intersex film was “377 AbNormal,” is based on the Indian Supreme Court ruling in 2018 that decriminalized homosexuality. The film explored the five people who challenged Section 377, a colonial-era law that criminalized consensual same-sex sexual relations.
“‘377 AbNormal’ was actually very educational for me. While I pride myself as an ally, I was completely ignorant about the journey of the movement and what led to the monumental verdict of 2018. I knew I had to be a part of the film from the time I first heard the concept,” said Gagroo. “Again, that was another film where the director, Faruk Kabir, was extremely cautious of not only getting the film factually right but also portraying the entire process sensitively. We would often choke up and would have to stop shooting because all of us would get so emotional.”
“In terms of preparation, I didn’t need to work on sensitizing myself on the topic,” added Gagroo “I was there. I was ready to tell that story and I felt I had to do it well without minimizing anyone or anything related to the film.”
Although “377 AbNormal” was the first LGBTQ and intersex film for Gagroo, it was not the last.
Gagroo in 2020 appeared in “Subh Mangal Zyada Saavdhan,” a film that Hitesh Kewalya directed.
The film explores the story of a gay couple who have trouble convincing their parents to accept their relationship. The film generated a buzz at the box office. While talking about the film, Gagroo, who also starred in it alongside megastars like Ayushmann Khurrana, Jitendra Kumar, veteran actress Nina Gupta, and Gajraj Rao, said that the film came with empathy and a respect and that the intent of the film is clear.
“Our director, Hitesh Kewalya, was very clear right from the start, that he didn’t wish to delve into the gruesome hardships that the gay community is subjected to, but aim to normalize a lot of the conversation around it,” said Gagroo. “It dealt with so many different social issues even beyond LGBTQ. Even while shooting you could see the cast and crew evolving and their growing comfort with the topic was palpable.”
While talking with Blade, Kewalya said that things changed, and people became more aware of the issue, which led to the making of “Subh Mangal Zyada Saavdhan.” He argued the Section 377’s abolition made it possible to make such films. Kewalya also noted that Indian society was already talking about the issue, so making such a film became easy.
“It was challenging because there was no precedent to it. In a commercial film like this, where a top star is headlining the film, and a top production house is backing it, and all the great actors backing it,” said Kewalya. “It was also challenging because it is a sensitive topic in our society. Even the LGBTQ community was never happy with the kind of representation that was happening in the cinema.”
According to Variety, India produces films in staggering 41 languages, mostly regional. In 2017, Lokesh Kumar released “My Son is Gay,” a Tamil language film. The story revolves around a school principal and her only son. The mother-son duo shares a strong bond, and the mother soon finds out the hard truth that her only son is gay, which leads to a drastic change in her life.
“I am glad many people supported and showered a lotta love for our little indie feature film ‘My Son is Gay.’ I have attended an LGBTQ film festival once, where I have seen many queer films across the world and also got to meet many community members. That’s when I realized there are only very few Tamil films which showcased queer characters and there are no full-length gay-themed films as such,” said Kumar. “I really felt the need to tell the stories like ‘My Son is Gay.’ So, I have decided to meet LGBTQ members and their parents and did my research, wrote the story which is based on many real incidents. It wasn’t an easy journey at all, as there were very less support from people around me considering the theme of the film. Many actors and technicians were hesitant to involve. There weren’t many producers who wanted to back this project. However, producer Anil Saxena, an Indian citizen who lives abroad, Cyril D’souza and actor Anupama Kumar understood the importance of this story and they backed me. Finding the right cast and making the cast, crew understands the importance of such stories and making them confident and comfortable to play the characters was really a challenge. Am glad I didn’t give up.”
While LGBTQ and intersex films are doing well in India and globally, in 2022, another film, Junglee Pictures’ “Badhaai Do,” generated a buzz among the masses. Star-studded films with casts like Rajkummar Rao, actress Bhumi Pednekar, Sheeba Chaddha and Chuma Darang helped the film highlight the LGBTQ and intersex issues in India. The film tells the story of a gay cop who enters into a sham marriage with a lesbian teacher to convince their family that they are living a normal life.
“The films that came before us had already placed the LGBTQIA+ issues and concerns in the mainstream space. Not having the burden of explaining an ‘issue’ was liberating for us as we could focus on aspects of representation while negotiating with our own heteronormative conditioning without worrying about having articulate and politically correct sounding characters,” said “Badhaai Do” director Harshavardhan Kulkarni. “It helped us locate the film in familiar realities of caste, class, and patriarchal family units. I feel that too often, we tend to gloss over the fact that sexuality is only one aspect of our being, and it exists within the many other aspects which govern daily life in large parts of our country. I feel that we need to do more to understand and educate ourselves about this. Until we do that, our understanding of the real-world problems faced by the LGBTQIA+ community will remain limited.”
In recent years, the Indian film industry has released some critical films that show real-world issues of the Indian LGBTQ and intersex community. Films like “Badhaai Do,” “Subh Mangal Zyada Saavdhan” and many more have not only created an impact on Indian society but also started the discussion.
Samantha Ruth Prabhu, an Indian film star who won millions of hearts across India and numerous awards for her contribution to Indian cinema, told the Blade that Indian movies and the film industry are constantly evolving.
“I do believe we have a long way to go before mainstream films refrain from crudity, insensitive humor and homophobia completely,” said Prabhu. “I am extremely proud of having been a part of a path breaking and ambitious film like ‘Super Deluxe.’ The film tied many intricate stories to an overarching philosophy, so I wouldn’t say it was only about a transgender person. The characters portrayed by me and Mr. Vijay Sethupathy (an actor who appeared in ‘Super Deluxe’ with Prabhu) were similar in that they both exhibited their own brand of bravery.”
Prabhu has joined the cast for her next LGBTQ and intersex film, Arrangements of Love. Wales-based BAFTA-winning director Philip John is also joining the team as director. The film will revolve around an Indian man in Wales who visits his homeland to find his estranged father. Prabhu will be playing a bisexual detective who becomes part of the search.
“The industry is evolving-slowly but surely. There was a time when people were forced to tuck away a very real part of themselves in the way they told their stories, in a bid to conform. That thankfully has changed,” said Prabhu. “Directors and scriptwriters are being more real, and the audience is here and ready for it!”
Ankush Kumar (Mohit) is a freelance reporter who has covered many stories for Washington and Los Angeles Blades from Iran, India and Singapore. He recently reported for the Daily Beast. He can be reached at [email protected]. He is on Twitter at @mohitkopinion.

India
Anaya Bangar challenges ban on trans women in female cricket teams
Former Indian cricketer Sanjay Bangar’s daughter has received support

Anaya Bangar, the daughter of former Indian cricketer Sanjay Bangar, has partnered with the Manchester Metropolitan University Institute of Sport in the U.K. to assess her physiological profile following her gender-affirming surgery and undergoing hormone replacement therapy.
From January to March 2025, the 23-year-old underwent an eight-week research project that measured her glucose levels, oxygen uptake, muscle mass, strength, and endurance after extensive training.
The results, shared via Instagram, revealed her metrics align with those of cisgender female athletes, positioning her as eligible for women’s cricket under current scientific standards. Bangar’s findings challenge the International Cricket Council’s 2023 ban on transgender athletes in women’s cricket, prompting her to call for a science-based dialogue with the Board of Control for Cricket in India and the ICC to reform policies for trans inclusion.
“I am talking with scientific evidence in my hand,” Bangar said in an interview posted to her Instagram page. “So, I hope, this makes an impact and I will be hoping to BCCI and ICC talking with me and discussing this further.”
On Nov. 21, 2023, the ICC enacted a controversial policy barring trans women from international women’s cricket. Finalized after a board meeting in Ahmedabad, India, the regulation prohibits any trans player who has experienced male puberty from competing, irrespective of gender-affirming surgery or hormone therapy. Developed through a 9-month consultation led by the ICC’s Medical Advisory Committee, the rule aims to safeguard the “integrity, safety, and fairness” of women’s cricket but has drawn criticism for excluding athletes like Canada’s Danielle McGahey, the first trans woman to play internationally. The policy, which allows domestic boards to set their own rules, is slated for review by November 2025.
Bangar shared a document on social media verifying her participation in a physiological study at the Manchester Metropolitan University Institute of Sport, conducted from Jan. 20 to March 3, 2025, focused on cricket performance. The report confirmed that her vital metrics — including hemoglobin, blood glucose, peak power, and mean power — aligned with those of cisgender female athletes. Initially, her fasting blood glucose measured 6.1 mmol/L, slightly above the typical non-diabetic range of 4.0–5.9 mmol/L, but subsequent tests showed it normalized, reinforcing the study’s findings that her physical profile meets female athletic standards.
“I am submitting this to the BCCI and ICC, with full transparency and hope,” said Bangar. “My only intention is to start a conversation based on facts not fear. To build space, not divide it.”
In a letter to the BCCI and the ICC, Bangar emphasized her test results from the Manchester Metropolitan University study. She explained that the research aimed to assess how hormone therapy had influenced her strength, stamina, hemoglobin, glucose levels, and overall performance, benchmarked directly against cisgender female athletic standards.
Bangar’s letter to the BCCI and the ICC clarified the Manchester study was not intended as a political statement but as a catalyst for a science-driven dialogue on fairness and inclusion in cricket. She emphasized the importance of prioritizing empirical data over assumptions to shape equitable policies for trans athletes in the sport.
Bangar urged the BCCI, the world’s most influential cricket authority, to initiate a formal dialogue on trans women’s inclusion in women’s cricket, rooted in medical science, performance metrics, and ethical fairness. She called for the exploration of eligibility pathways based on sport-specific criteria, such as hemoglobin thresholds, testosterone suppression timelines, and standardized performance testing. Additionally, she advocated for collaboration with experts, athletes, and legal advisors to develop policies that balance inclusivity with competitive integrity.
“I am releasing my report and story publicly not for sympathy, but for truth. Because inclusion does not mean ignoring fairness, it means measuring it, transparently and responsibly,” said Bangar in a letter to the BCCI. “I would deeply appreciate the opportunity to meet with you or a representative of the BCCI or ICC to present my findings, discuss possible policy pathways, and work towards a future where every athlete is evaluated based on real data, not outdated perceptions.”
Before her transition, Bangar competed for Islam Gymkhana in Mumbai and Hinckley Cricket Club in the U.K., showcasing her talent in domestic cricket circuits. Her father, Sanjay Bangar, was a dependable all-rounder for the Indian national cricket team from 2001 to 2004, playing 12 test matches and 15 One Day Internationals. He later served as a batting coach for the Indian team from 2014 to 2019, contributing to its strategic development.
Cricket in India is a cultural phenomenon, commanding a fanbase of more than 1 billion, with more than 80 percent of global cricket viewership originating from the country.
The International Cricket Council, the sport’s governing body, oversees 12 full member nations and more than 90 associate members, with the U.S. recently gaining associate member status in 2019 and co-hosting the 2024 ICC Men’s T20 World Cup. The BCCI generated approximately $2.25 billion in revenue in the 2023–24 financial year, primarily from the Indian Premier League, bilateral series, and ICC revenue sharing. The ICC earns over $3 billion from media rights in India alone for the 2024–27 cycle, contributing nearly 90 percent of its global media rights revenue, with the BCCI receiving 38.5 percent of the ICC’s annual earnings, approximately $231 million per year.
Women’s cricket in India enjoys a growing fanbase, with over 300 million viewers for the Women’s Premier League in 2024, making it a significant driver of the sport’s global popularity. The International Cricket Council oversees women’s cricket in 12 full member nations and over 90 associate members, with the U.S. fielding a women’s team since gaining associate status in 2019 and competing in ICC events like the 2024 Women’s T20 World Cup qualifiers. The BCCI invests heavily in women’s cricket, allocating approximately $60 million annually to the WPL and domestic programs in 2024–25, while contributing to the ICC’s $20 million budget for women’s cricket development globally. India’s media market for women’s cricket, including WPL broadcasting rights, generated $120 million in 2024, accounting for over 50 percent of the ICC’s women’s cricket media revenue.
“As a woman, I feel when someone says that they are women, then they are, be trans or cis. A trans woman is definitely the same as a cis woman emotionally and in vitals, and specially, when someone is on hormone replacement therapy. Stopping Anaya Bangar from playing is discrimination and violation of her rights. It is really sad and painful that every trans woman need to fight and prove their identity everywhere,” said Indrani Chakraborty, an LGBTQ rights activist and a mother of a trans woman. “If ICC and BCCI is stopping her from playing for being transgender, then I will say this to be their lack of awareness and of course the social mindsets which deny acceptance.”
Chakraborty told the Blade that Bangar is an asset, no matter what. She said that the women’s cricket team will only benefit by participation, but the discriminating policies are the hindrance.
“Actually the transgender community face such discrimination in every sphere. In spite of being potent, they face rejection. This is highly inhuman. These attitudes is regressive and will never let to prosper. Are we really in 2025?,” said Chakraborty. “We, our mindset and the society are the issues. We, as a whole, need to get aware and have to come together for getting justice for Anaya. If today, we remain silent, the entire community will be oppressed. Proper knowledge of gender issues need to be understood.”
The BCCI and the International Cricket Council have not responded to the Blade’s repeated requests for comment.
India
Indian court rules a transgender woman is a woman
Activists across the country celebrated landmark decision

The Andhra Pradesh High Court on June 16 issued a landmark ruling that says Indian law cannot deny transgender women recognition as women solely because they cannot bear children.
Justice Venkata Jyothirmai Pratapa, who presided over the case, rejected arguments that tie womanhood exclusively to reproductive capacity, declaring such views “legally unsustainable” and contrary to the Indian constitution’s guarantees of dignity, equality, and identity. The decision, rooted in the Supreme Court’s 2014 National Legal Services Authority v. Union of India ruling that recognized individuals as a “third gender” with equal fundamental rights, marks a significant step toward gender justice in India.
“A trans woman, born male and later transitioning to female, is legally entitled to recognition as a woman,” Pratapa declared.
The court emphasized this recognition is enshrined in Articles 14, 15, and 21 of the constitution; which guarantee equality before the law, prohibit discrimination based on sex, and protect the right to life and personal liberty respectively. Pratapa further clarified that trans women are entitled to the same protections as cisgender women under Section 498A of the Indian penal code, which addresses cruelty by a husband or his relatives.
“Denying such protection by questioning their womanhood amounts to discrimination,” said the High Court in its ruling.
The ruling came in response to a petition filed by Viswanathan Krishnamurthy and his parents, who sought to dismiss a dowry harassment case brought by Pokala Sabhana, a trans woman. Shabana alleged that Krishnamurthy and his family subjected her to cruelty and demanded dowry, charges that prompted her to seek protection under Section 498A.
The court’s decision to uphold her legal standing as a woman ensures that trans women can access critical protections against domestic abuse, setting a precedent for future cases.
Section 498A’s applicability to trans women, as the court affirmed, extends critical protections against domestic cruelty to marginalized groups. Trans women can now seek legal recourse under this provision for physical, emotional, or economic abuse, including dowry-related harassment, by their husbands or in-laws. This recognition ensures access to police intervention, potential arrest of perpetrators, and penalties under the Indian penal code, aligning trans women’s marital protections with those afforded to cisgender women. By including trans women under Section 498A, the ruling strengthens their ability to combat domestic violence and assert their rights within familial structures.
Shabana and Krishnamurthy lived together in Ongole, a city in Andhra Pradesh, for a short time before Krishnamurthy relocated to Chennai and ceased communication, according to the court document the Washington Blade obtained.
Shabana filed a complaint at the Ongole Women’s Police Station, alleging her in-laws threatened her life and that Krishnamurthy abused her. Based on her accusations, the police registered a case against Krishnamurthy and his parents under Section 498A.
Krishnamurthy and his parents in 2022 petitioned the Andhra Pradesh High Court to dismiss the case, arguing that Shabana, as a trans woman, could not invoke Section 498A, a provision typically applied to cisgender women.
The petitioners’ counsel argued that trans women, due to their inability to conceive, do not meet the legal definition of a woman and thus cannot invoke Section 498A. They also contended Shabana’s cruelty and dowry harassment allegations were baseless and lacked evidentiary support.
The Andhra Pradesh High Court rejected the petitioners’ arguments, ruling that gender identity does not hinge on the ability to bear children and other biological factors. The court affirmed that trans women, like Shabana, have the right to file complaints under Section 498A and are entitled to all constitutional protections afforded to women under the constitution.
While affirming that trans women are legally recognized as women, the Andhra Pradesh High Court dismissed the case against Krishnamurthy and his family, citing insufficient evidence rather than gender-based arguments.
The court noted Shabana’s claims of dowry demands and cruelty lacked supporting material. It ruled that proceeding with the trial without prima facie evidence would constitute a misuse of the judicial process.
“I am relieved, the delighted and thank the Andhra Pradesh High Court and the judge for upholding our basic human right to be identified as what we want. What better reason could that be for celebrating this Pride Month,” said Kalki Subramaniam, a prominent trans activist and artist. “For transgender community, especially trans women this verdict means a lot.”
Subramaniam told the Blade that the verdict is a momentous achievement. She described it as a significant stride toward justice, dignity, and equality for trans people throughout India.
“By affirming their legal status as women, the court has shattered discriminatory barriers and reinforced the fundamental principle that identity is valid and deserving of full legal protection,” said Subramaniam. “This ruling marks a significant moment of progress, sending a clear message that our legal frameworks are evolving to be more inclusive and reflective of the diverse realities of our society. It is a victory of human rights and a beacon of hope for a more equitable future.”
Meera Parida, a prominent trans activist in Odisha, told the Blade the ruling is a significant triumph.
“Only because a trans woman cannot bear a child, she is not a woman — that’s not good,” she said.
“This is a respectful judgement for all of us,” added Parida. “This is restoring equality and somewhere because of this verdict the stigmatization wall will fall and people will respect us. I respect this verdict.”
“This verdict is very progressive and a crucial step forward to the transgender community and gender equality,” Rani Patel, president and founder of Aarohan, an organization that works to address educational disparities among underprivileged communities and advocates for LGBTQ rights, told the Blade. “People said that we should give them separate toilets and classrooms, but that totally excludes them from the community. Many women also cannot give birth to a child, so that is totally different.”
“If someone is carrying themselves as female, they should be honored with their status,” added Patel. “Since the purpose of the verdict is to recognize trans women as women, they will get all the status and rights as cisgender women in dowry and harassment cases.”
India
Madras High Court says families are possible outside marriage
May 22 ruling could set important legal precedent in India

In a significant moment for India’s LGBTQ community ahead of Pride month, the Madras High Court on May 22 affirmed people can form families outside of marriage.
The decision, handed down by Justices G.R. Swaminathan and V. Lakshminarayanan, emphasized “marriage is not the sole mode to found a family,” recognizing the concept of “chosen families” as a well-established principle in LGBTQ jurisprudence.
A two judge Madras High Court panel ordered the release of a 25-year-old lesbian woman who had been forcibly separated from her partner and subjected to harassment by her birth family.
The Madras High Court sharply criticized the local police for their mishandling of the case, condemning their decision to force the woman back to her parents against her will. The two judges denounced the police’s “rank inaction” and insensitivity, emphasizing that government officials, particularly law enforcement, are obligated to respond swiftly and appropriately to complaints from LGBTQ people, ensuring their rights and safety are upheld.
The Madras High Court expressed unease with the term “queer,” noting its dictionary definitions as “strange” or “odd.” The judges questioned the appropriateness of the label in the context of describing LGBTQ identities, urging sensitivity in language to reflect the community’s dignity and rights.
“For a homosexual individual, their sexual orientation is natural and normal,” said the judges. “There is nothing strange about such inclinations. Why then should they be labeled queer?”
The Madras High Court judges observed that not all parents embrace their children’s identities, unfavorably comparing the detained woman’s mother to late-Justice Leila Seth, who publicly supported her son’s sexual orientation. The panel highlighted Seth’s acceptance as a model for familial understanding, underscoring the need for greater societal compassion toward LGBTQ people.
“The mother of the detenue is no Leila Seth,” said the court. “We understand her desire for her daughter to live a conventional heterosexual life, marry, and settle down. However, as an adult, the detenue is entitled to choose her own path.”
The Madras High Court emphasized the concept of “family” must be understood expansively, citing the Supreme Court marriage equality case and other precedents. These international guidelines affirm that all people, regardless of their sexual orientation or gender identity, are entitled to the full spectrum of human rights, reinforcing the court’s stance on recognizing chosen families within the LGBTQ community.
“While the Supriyo case may not have legalized marriage between same-sex couples, they can very well form a family,” the court said in its order. “The concept of ‘chosen family’ is now well settled and acknowledged in LGBTQIA+ jurisprudence. The petitioner and the detenue can very well constitute a family.”
The Madras High Court referenced Supriyo Chakraborty v. Union of India, which is the marriage equality case on which the Supreme Court ruled in 2023.
The Supreme Court in that ruling declined to extend marriage rights to same-sex couples, but recognized the rights of queer people to form families and urged the government to explore civil union protections, bolstering the court’s call for an expanded understanding of family.
The Madras High Court invoked landmark rulings, including NALSA v. Union of India (2014), which affirmed the right to self-identify as one’s gender, Navtej Singh Johar v. Union of India (2018), which decriminalized consensual same-sex sexual relations, and Shakti Vahini v. Union of India (2018), which upheld the right to marry by choice as a fundamental right. The two judges reaffirmed sexual orientation is an individual choice, falling within the ambit of personal liberty protected under Article 21 of the constitution.
Article 21 guarantees the right to life and personal liberty, stating no person shall be deprived of these rights except through lawful procedure. This fundamental right has been expansively interpreted by courts to encompass dignity, privacy, and autonomy, including protections for sexual orientation and other individual identities.
Souvik Saha, an LGBTQ activist and founder of People for Change, a leading Indian advocacy group, described the Madras High Court’s recognition of chosen families as both a relief and a validation of the community’s lived realities.
“As the founder of Jamshedpur Queer Circle and someone who has worked closely with LGBTQ+ individuals navigating rejection, violence, and social isolation, for decades, queer, and trans persons in India have built nurturing ecosystems outside their biological families — often due to rejection, abuse, or lack of acceptance,” said Saha. “This concept of ‘chosen family’ is not new to us; it’s a survival mechanism, a source of healing, and a space where we find dignity, belonging, and love. The fact that the judiciary now formally acknowledges these relationships marks a progressive and humane shift in how family is legally and socially understood.”
Saha shared the story of S, a transgender man from Jamshedpur whose biological family disowned him at 17.
Finding refuge with a queer couple who became his guardians, S received emotional support, celebrated milestones like birthdays, and was guided through education and gender-affirming healthcare. “Isn’t that family?” asked Saha.
Saha told the Washington Blade the Madras High Court’s ruling sparks hope for legal reforms; particularly in securing adoption, inheritance, and caregiving rights for queer people. He said the decision affirms that queer lives are not deviant but diverse, vibrant, and capable of forming loving, responsible families. Most crucially, Saha noted, it sends a powerful message to queer youth in Jamshedpur and other smaller cities that their lives and relationships are valid and valued.
“This ruling is a step forward, but we must be honest. Legal rulings alone won’t change police behavior unless they are followed by systemic structural reforms,” said Saha. “Policing in India is still deeply patriarchal, casteist, and heteronormative. Many officers still view LGBTQ identities as criminal or immoral, even after Section 377 was struck down in 2018.”
Saha said mandatory sensitization programs in every police academy are needed to transform attitudes. He said the inclusion of queer rights in law enforcement curricula — beyond token workshops — are also important. Saha added the recruitment of LGBTQ liaison officers and the formation of compliant mechanisms at the district level is needed.
“This ruling is a strong message from the judiciary, but unless the Ministry of Home Affairs and state police departments institutionalize this into practice, change will remain slow and uneven,” said Saha.