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Bollywood films increasingly explore LGBTQ, intersex issues

Actress Celina Jaitly has appeared in U.N. ‘Free and Equal’ campaign

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Celina Jaitly (Photo courtesy of Celina Jaitly)

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

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India

Iran war causes condom shortage in India

Trade disruptions have strained petrochemicals, lubricant supplies

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(Photo by nito/Bigstock)

About 80 days into the U.S.-Iran war, while much of the world struggles with oil supplies, India is confronting a different crisis: a widening condom shortage. Health activists warn the supply disruption could worsen HIV/AIDS risks in the world’s most populous country.

Disruptions in maritime trade through the Strait of Hormuz have strained supplies of petrochemicals and industrial lubricants used in condom manufacturing. The crisis has increased production costs across the sector and pushed retail prices sharply higher.

India’s condom manufacturing industry is valued at nearly $1 billion

Production depends heavily on silicone oil and ammonia. Silicone oil, a key lubricant used in manufacturing, is in short supply. Ammonia, which stabilizes raw latex, is expected to see price increases of 40-50 percent. Rising packaging costs have added further pressure. Some manufacturers and retailers have reported condom prices increasing by as much as 50 percent.

India is home to an estimated 2.5 million people living with HIV, the world’s second-largest population of HIV-positive people, according to a 2024 report. The Health Ministry’s India HIV Estimation 2025 technical report said 5.4 percent of HIV cases in 2024-2025 were linked to transmission between men who have sex with men.

In 2024, India recorded an estimated 64,470 new HIV infections and 32,160 AIDS-related deaths nationwide. The figures marked declines of 48.69 percent and 81.42 percent, respectively, compared with 2010.

Ankit Bhuptani, an LGBTQ activist in India, told the Washington Blade that the country has made significant progress in reducing HIV infections over the past two decades. But, he said, that progress depended heavily on affordable condoms, targeted outreach programs and on-the-ground work by NGOs serving MSM and transgender people.

“Pull one thread and the whole thing loosens. What worries me about this particular shortage is that it arrives at exactly the moment when India’s LGBTQ community was beginning to access healthcare more openly after the Section 377 reading down,” said Bhuptani. “Young queer Indians in tier-two cities were just starting to trust government health systems enough to engage with them. A price spike that prices them out, or a shortage that sends them to substandard alternatives, could set that trust back by years.”

The Indian Supreme Court in 2018 struck down Section 377, a colonial-era law that criminalized consensual same-sex sexual relations.

In March, the Commerce and Industry Ministry acknowledged the difficulties faced by Indian exporters due to disruptions caused by the war in West Asia and launched a roughly $51.5 million Resilience and Logistics Intervention for Export Facilitation, or RELIEF, program. It provides credit insurance support for exporters whose shipments have been stranded because of the conflict.

“Price elasticity in sexual health products is brutal. When a condom pack goes from 20 rupees to 40, usage drops. It’s that simple,” said Bhuptani. “And when usage drops in populations with higher baseline HIV exposure, you don’t see the consequences for two or three years. Then the numbers arrive and everyone acts surprised.”

The situation has been further aggravated by the structure of India’s condom market, which operates on a high-volume, low-margin model designed to keep products affordable for a population of more than 1.4 billion people. Industry analysts say that model is now under growing pressure from rising raw material and shipping costs.

Reports in Indian media said supply constraints and price volatility involving PVC foil, aluminium foil, and packaging materials have disrupted production and complicated order fulfilment across parts of the condom manufacturing sector.

“Supply chain vulnerability assessments almost never include sexual health commodities. They should. India imports roughly 86 percent of its anhydrous ammonia from West Asian countries including Saudi Arabia, Qatar, and Oman, with that ammonia being essential for stabilizing the natural rubber latex used in domestic condom production,” said Bhuptani. “That is a documented strategic dependency that was never flagged as a risk. The Iran war converted it from a latent vulnerability into an active supply shock in a matter of weeks.”

The National AIDS Control Organization, or NACO, which oversees India’s HIV/AIDS programs, during the 2026-2027 fiscal year received an allocation of about $249 million, up from roughly $238 million the previous year. By comparison, the U.S. approved a $6 billion funding package in 2026 for global HIV/AIDS programs, according to the United Nations.

“The gay and trans community in India report high perceived HIV risk and adopted PrEP through non-profit and private channels, with cost and access remaining consistent concerns,” said Bhuptani. “The community organizations managing that risk perception are now operating in a tighter supply environment while simultaneously absorbing the downstream effects of USAID funding cuts. Health workers seeing increased anxiety among community members are observing the predictable consequence of removing redundancy from a system that had very little to begin with.”

The Washington Blade reached out to Indian condom manufacturer Manforce several times, but the company declined to comment.

Harish Iyer, an LGBTQ and equal rights activist in India, told the Blade that this is the time when the government needs to step in. Condoms, Iyer said, are not about pleasure, but about life.

“Not just in terms of HIV, it is also a source of contraception in a nation which is heavily populated. So, if there is a crisis in the condom industry, it has an adverse effect on the LGBTQ community,” said Iyer. “And eventually it has a compounding effect on the economy as well. Because if the cases of HIV wrecks to rise, if the population was to explode, it is going to have a straining effect on the economy as well. So, I think it is time that the government steps in, and condoms should be recorded as a necessity commodity rather than making it feel like any kind of commodity that some (privileged people) can afford.”

Iyer told the Blade that the government should provide condoms free of cost. 

He pointed to the Nirodh Scheme, India’s long-running family planning and safe sex program launched by the government in 1968. Condoms, Iyer said, are a necessity, not a luxury product. He urged the government to classify them as essential items and either remove the Goods and Services Tax or reduce it to a minimum.

The Nirodh Scheme was launched by the Health and Family Welfare Ministry to promote contraception and prevent the spread of sexually transmitted infections, including HIV, through the nationwide distribution of subsidized and free condoms.

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Amendments to India’s transgender rights law criticized

Lawmakers approved changes that narrow definition of trans person

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(Photo by Rahul Sapra via Bigstock)

India has enacted the Transgender Persons (Protection of Rights) Amendment Act, 2026, that will reshape the country’s legal approach to gender identity. 

Both houses of parliament approved the legislation last month, and it received presidential approval on March 28. 

The Transgender Persons (Protection of Rights) Amendment Act, 2026, narrows the definition of a trans person, removes the provision for self-perceived gender identity, and requires medical certification for legal recognition. These changes mark a shift from the framework established under a 2019 law.

The Transgender Persons (Protection of Rights) Amendment Act, 2026, replaces the earlier definition of a trans person — previously framed as someone whose gender does not align with the gender assigned at birth — with a set of specified categories. It further provides that the term does not include, and is deemed never to have included, people defined solely by their sexual orientation or by self-perceived gender identity.

The bill retains certain categories within its definition, including people with socio-cultural identities such as kinner, hijra, aravani, or jogta. It also includes people with variations in sex characteristics at birth, such as differences in primary sexual characteristics, external genitalia, chromosomes or hormones from the normative standards of male or female bodies.

The Transgender Persons (Protection of Rights) Amendment Act, 2026, removes certain categories from the definition, including a trans man or trans woman, irrespective of whether such a person has undergone sex reassignment surgery, hormone therapy, laser procedures, or other forms of medical intervention. It also excludes genderqueer people — a category that had been recognized under the earlier framework. The Transgender Persons (Protection of Rights) Amendment Act, 2026, however, includes eunuchs, as well as people compelled to assume a trans identity through mutilation, emasculation, castration, or other surgical, chemical or hormonal interventions.

The Transgender Persons (Protection of Rights) Amendment Act, 2026, also revises the process for legal recognition, requiring a trans person to apply to a district magistrate for a certificate of identity, which can now be issued only after the recommendation of a designated medical board. The law specifies that the board will be headed by a senior medical officer and may include other experts. It further provides that individuals issued such a certificate will be entitled to change their first name in official documents, including birth records and other government-issued identification.

The Transgender Persons (Protection of Rights) Amendment Act, 2026, also introduces stricter penalties for certain offences, including cases in which a person is forced to assume a trans identity through kidnapping, coercion or physical harm. Such offenses may attract imprisonment ranging from 10 years to life in prison, along with fines, depending on the severity and whether the victim is an adult or a child. The Transgender Persons (Protection of Rights) Amendment Act, 2026, further requires medical institutions to report gender-affirming surgeries to the district magistrate, and mandates that individuals obtain a revised certificate of identity following such procedures.

India’s 2011 Census recorded 487,803 trans persons, yet only 5.6 percent had applied for a trans identity card, according to the Washington Blade’s previous reporting. These identity cards, required to access government welfare programs, have remained difficult to obtain, with delays and administrative barriers limiting uptake. 

The Transgender Persons (Protection of Rights) Amendment Act, 2026, revised the certification process, which introduces additional requirements for legal recognition. This change is against this backdrop of uneven access to identity documentation.

India’s Election Commission in 2009 directed states to modify voter registration forms to include an “other” category, allowing individuals who did not identify as male or female to register accordingly. The Supreme Court in National Legal Services Authority v. Union of India in 2014 recognized trans persons as a “third gender” and affirmed their right to self-identification. 

Justice Kalavamkodath Sivasankara Radhakrishna Panicker said that “recognition of transgenders as a third gender is not a social or medical issue, but a human rights issue.” Parliament in 2019 approved the Transgender Persons (Protection of Rights) Bill, 2019.

An advisory committee the Supreme Court created that former Delhi High Court Justice Asha Menon has urged the government to withdraw the Transgender Persons (Protection of Rights) Amendment Act, 2026. The panel said the proposal to deny self-identification of gender is inconsistent with theNational Legal Services Authority v. Union of India ruling.

Menon on March 25 wrote to Social Justice Minister Virendra Kumar conveying the panel’s resolution. According to the Hindu newspaper, the committee described the amendment as a “great shock” and a “tremendous setback” to efforts to mainstream trans communities.

The Queer Hindu Alliance, an advocacy group that seeks to uphold the dignity of LGBTQ people within India’s cultural and constitutional framework, expressed concern over the Transgender Persons (Protection of Rights) Amendment Bill, 2026.

“We write not in the spirit of opposition, but in the spirit of samvad — dialogue — and with a sincere call for community consultation before this legislation proceeds further,” the group said in a statement. “The Supreme Court of India recognized the concerns of the transgender community in 2014. The National Legal Services Authority v. Union of India judgment affirmed that a person knows who they are. This bill seeks to reverse that. The Queer Hindu Alliance finds this troubling as a question of basic human dignity.”

The Queer Hindu Alliance added that India “is not a young civilization fumbling for answers on how to understand human identity.”

“This culture has contemplated the nature of the self more deeply, and for longer, than any legal system that has existed. This is not a foreign conversation imported from the West. It is a conversation Bharat (India) has always been capable of having, on its own terms,” the Queer Hindu Alliance said.

Harish Iyer, an LGBTQ rights activist who was among those who fought for marriage equality in the Supreme Court, told the Blade that the amendment is “not just a rollback, but a blatant, arrogant insult” to the Supreme Court. 

“The NALSA judgment gave us the fundamental dignity of self-determination — the right to look in the mirror and say, ‘This is who I am.’ This amendment drags us right back into the dark ages, handing over our bodily autonomy to a bunch of sarkari babus (government officers) and medical boards,” said Iyer. “But here is the most absurd part: you simply cannot define if someone is trans through any physical test. How exactly are you going to diagnose a human mind? Are they only going to regard those who have had gender affirmation surgery as trans? Because that is fundamentally not the definition of being transgender; transition is a choice and a privilege, not a prerequisite for identity. Or are they going to look at someone born with ambiguous genitalia and label them trans? Because that is intersex, which is a completely different reality.” 

“Forcing a trans person to undergo degrading physical scrutiny based on the government’s spectacular ignorance of basic gender science isn’t a legal process; it’s state-sponsored trauma,” he added. “We fought too hard for our dignity to let a bureaucratic tribunal demand that we strip down to prove our humanity.”

Iyer said the Transgender Persons (Protection of Rights) Amendment Act, 2026, goes beyond protection and instead imposes control. 

“You don’t ‘protect’ a community by criminalizing the chosen families and allies who offer safe haven to trans youth fleeing abusive homes,” he said, referring to provisions in the law. “This bill is about regulation, policing and control. By gatekeeping who gets to be trans and punishing those who support us, the government isn’t acting as a guardian — it’s acting as a warden. It is a calculated attack on our existence.”

Iyer said the revised definition could exclude individuals who do not fall within the listed categories. 

“It effectively writes them out of existence,” he said.

Iyer added the Transgender Persons (Protection of Rights) Amendment Act, 2026, could create an administrative “black hole” for gender-fluid individuals and nonbinary people who do not fit into the government’s rigid categories.

“If you are legally invisible, you don’t get access to gender-affirming healthcare, you don’t get legal protection, and you are entirely cut off from participating in society,” said Iyer. “They are trying to legislate us into non-existence because they are too lazy to understand us.”

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Menaka Guruswamy celebrated as India’s first openly LGBTQ MP

Constitutional lawyer elected to Rajya Sabha on March 9

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Menaka Guruswamy (Screen capture via OxfordUnion/YouTube)

India’s LGBTQ community has found renewed hope in the election of Menaka Guruswamy, a lawyer who has argued before the Supreme Court, as the country’s first openly LGBTQ MP.

Guruswamy was declared elected unopposed to the Rajya Sabha, the upper house of Parliament, on March 9, representing West Bengal. The All India Trinamool Congress, the regional party that governs the state, nominated her.

Guruswamy is a constitutional lawyer who studied at Oxford University, Harvard Law School, and the National Law School of India University. She has argued several significant cases before the Supreme Court and is widely known for her work on constitutional law, civil liberties, and LGBTQ rights. 

Guruswamy was part of the legal team that successfully challenged Section 377 of the Indian Penal Code, a colonial-era law that criminalized consensual same-sex sexual relations, which the Supreme Court struck down in 2018. She has also written and spoken extensively on issues of democracy, rights and institutional accountability.

Ankit Bhupatani, a global diversity, equity and inclusion leader and LGBTQ activist, welcomed Guruswamy’s election. 

“This is significant not because Parliament needed a queer person, but because a queer person needed Parliament,” Bhupatani told the Washington Blade.

India has seen LGBTQ representation in elected office at the state and local levels, though it has remained limited. 

In 1998, Shabnam Mausi was elected to the Madhya Pradesh Legislative Assembly from the Sohagpur constituency, becoming one of the first openly transgender people to hold public office in India. Mausi’s election marked a rare moment of visibility for trans people in the country’s political system, where representation has historically been sparse. Since then, a small number of openly trans candidates have contested and, in some cases, won local and state elections, but no openly LGBTQ person had been elected to Parliament before Guruswamy.

Guruswamy and her partner, Arundhati Katju, who is also a lawyer, were part of the legal team that played a central role in the Section 377 decision.

Representing one of the plaintiffs, the two lawyers helped frame the case around constitutional guarantees of equality, dignity, and privacy. The Navtej Singh Johar v. Union of India ruling marked a watershed moment for LGBTQ rights in India.

“For too long, we have fought our battles only in courtrooms and on streets. Now, there is a seat at the table where laws are written,” said Bhupatani. “Whether that seat produces change depends entirely on how it is used. Representation without substance is decoration. But as a beginning, yes. This matters.”

Guruswamy later represented the plaintiffs in the Supreme Court’s 2023 marriage equality case, Supriyo v. Union of India, which a 5-judge panel heard in the spring of 2023. 

Along with other lawyers representing same-sex couples, she advanced arguments rooted in constitutional guarantees of equality, dignity, and personal liberty. The Supreme Court in a 3-2 decision on Oct. 17, 2023, declined to recognize same-sex marriage — holding that such a change falls within Parliament’s domain — but did acknowledge LGBTQ people face discrimination. The Blade previously reported the ruling underscored the court’s view that it could interpret the law, but could not create a new legal framework for marriage rights.

Bhupatani said Guruswamy’s election should not be seen as an immediate shift toward legislative action on LGBTQ rights, cautioning that such expectations may not align with political realities. He said her presence in Parliament could help sustain the issue in a way it has not been before, even as broader legal change is likely to take time.

“What she can do is keep the question alive inside Parliament in a way that it hasn’t been before,” Bhupatani said. “Legislative change in India on social questions usually takes longer than advocates want and shorter than skeptics predict. The 377 decriminalization seemed impossible until it wasn’t. Partnership rights will follow the same pattern eventually.”

Bhupatani added that while Guruswamy’s election may influence the pace of change, it does not, on its own, constitute a broader political movement.

“One person in Parliament, however extraordinary, is not a movement. She is an opening,” he said. “The 2023 ruling created a responsibility. Guruswamy’s election creates an opportunity to fulfill it from inside. Whether opportunity becomes outcome is entirely a question of human will.”

Guruswamy has served as a visiting faculty member at leading American institutions that include Yale Law School, Columbia Law School, and New York University School of Law. She has also worked with international organizations, advising the U.N. Development Fund for Women in New York and the U.N. Children’s Fund in both New York and South Sudan.

According to her professional profile, Guruswamy has been involved in a range of significant cases before the Indian Supreme Court that include matters related to bureaucratic reform and accountability. 

One case is connected to the AgustaWestland helicopter deal, an investigation into alleged bribery in a multimillion-dollar defense procurement contract; litigation arising from the Salwa Judum case, in which the court examined the state-backed use of civilian militias in counterinsurgency operations in central India; and cases involving the implementation of the Right to Education Act, a law guaranteeing free and compulsory education for children between the ages of six and 14.

More recently, Guruswamy represented the All India Trinamool Congress in legal proceedings challenging searches conducted by India’s Enforcement Directorate, a federal agency responsible for investigating financial crimes, including money laundering and violations of foreign exchange laws. The searches were carried out at the offices of the Indian Political Action Committee, or I-PAC, a political consulting firm that provides data-driven campaign strategy and election management services to political parties. The case raised questions about the scope of investigative powers and the use of federal agencies in politically sensitive matters.

Guruswamy’s engagement with LGBTQ rights has extended beyond courtroom advocacy into public constitutional discourse. 

On July 11, 2018, during hearings in the Section 377 case, she argued the criminalization law could not be justified on the basis of “social morality,” describing it as subjective and incompatible with constitutional guarantees, and framing the case as one fundamentally about “our humanity.” The Thomas Jefferson Foundation Medal in Law at the University of Virginia in February 2023 recognized Guruswamy and Katju for their work on LGBTQ rights.

Guruswamy has not responded to the Blade’s multiple requests for comment about her election.

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