Asia
New India Supreme Court chief justice seen as LGBTQ ally
D.Y. Chandrachud applauded activists during Aug. 31 speech
The struggle for equality in the world’s biggest democracy took a giant step forward in 2018 with the decriminalization of homosexuality, but the fight is not over.
Though homosexuality is now decriminalized in India, same-sex marriage is still not legalized. In other words, same-sex couples can love but cannot marry. The pain in the community is visible. Since same-sex marriage is not legally recognized, it affects a spectrum of rights available to heterosexual couples that include the transfer of property and access to medical facilities.
Several marriage equality cases have been filed in the Delhi High Court and in other courts across the country.
Two petitions filed by gay couples came to the India’s Supreme Court on Nov. 25 asking for recognition of same-sex marriage under the Special Marriage Act, 1954. A bench led by the new Chief Justice D. Y. Chandrachud issued a notice to the federal government and the attorney general and posted the matter for further hearing after four weeks.
Life Insurance Corporation of India (LIC), a public sector insurance company under India’s Finance Ministry, last month appeared to recognize a same-sex couple who lives in Kolkata. The arrival of the Supreme Court’s new chief justice is an additional ray of hope for the country’s LGBTQ and intersex community.
On many occasions, Chandrachud has signaled his support for the community. For instance, while speaking at the British High Commission in New Delhi, the Indian capital, on Aug. 31, Chandrachud said that decriminalization of homosexuality alone cannot achieve equality, and it must extend to “all spheres of life,” including home, workplace, and public places.
Chandrachud has been expressing his observations and opinions on the issue of LGBTQ rights in India, even when he was not the chief justice but a Supreme Court judge. Chandrachud, while speaking at the British High Commission event, which focused on the future of the country’s LGBTQ and intersex rights movement, said society owes a debt of gratitude to every individual who formed and continues to form a part of the struggle for equality.
“Perhaps, we need a little more than love,” highlighted Chandrachud at the New Delhi event while calling for structural change in society to let the LGBTQ community live a life of autonomy and dignity.
The Supreme Court in 2018 struck down the law decriminalizing homosexuality. Chandrachud was on the Supreme Court in 2018 when it decriminalized homosexuality between consenting adults and recognized sexual autonomy as a basic right of individuals.
“While the decision in Navtej was momentous, we have a long way to go. The Beatles famously sang ‘All you need is love, love; Love is all you need.’ At the risk of ruffling the feathers of music aficionados everywhere, I take the liberty to disagree with them and say – perhaps, we need a little more than love,” highlighted Chandrachud. “At the heart of personal liberty lies the freedom to choose who we are, to love whom we will, and to live a life that is true to our most authentic selves, not only without the fear of persecution but in full-hearted joy and as equal citizens of this country.”
Navtej Singh Johar v. Union of India was the historical judgment that struck down the criminalization of homosexuality in India.
“The accomplishment of this simple yet crucial task would breathe life into the decision in Navtej,” said Chandrachud. “It is not merely the black letter of the law that these changes must take place in, but in the heart and soul of every Indian. Heteronormativity — in every sense of the word — must give way to a plurality of thought and of existence.”
Chandrachud in August said that justice can quickly be undone if people do not continue with the right discourse to safeguard the interests of marginalized groups. Chandrachud also highlighted in the same event that the decriminalization of homosexuality is not sufficient for members of the LGBTQ community to realize their rights. He was referring to the withdrawal of an advertisement of Karva Chauth featuring same-sex couples.
Karva Chauth is the Indian festival celebrated by Hindus in northern India in which wives keep a day-long fast for their husbands and perform rituals for the long life and well-being of their husbands.
The advertisement showed female couples celebrating Karva Chauth, and faced backlash over the internet and immediately firm withdrew it. Meanwhile, the marriage equality case the Supreme Court heard on Nov. 25 and Chandrachud’s position as chief justice has brought renewed hope among LGBTQ and intersex activists and the broader community.
“It is heartening that D.Y Chandrachud was recently appointed as the Chief Justice of India. His opinions on abortion, privacy, women’s entry into the Sabarimala temple, adultery, and gay rights (to name a few) have been progressive and brought about much-needed change,” said Kanav Narayan Sahgal, communications manager at Nyaaya, Vidhi Center for Legal Policy. “With an uncooperative central government, and a largely conservative society, the ball is now in the hands of the Supreme Court.”
Ankush Kumar 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
Trans students not included in new India University Grants Commission equity rules
Supreme Court on Jan. 29 delayed implementation
The University Grants Commission is a regulatory body under India’s Education Ministry that is responsible for coordinating and maintaining standards in higher education. The University Grants Commission Equity Regulations, 2026, aim to address discrimination and promote the inclusion of lower castes, tribes, people with disabilities, those who are economically disadvantaged, and other marginalized groups in higher education.
The regulations quickly triggered controversy.
Students, faculty and civil society groups criticized them, largely around concerns about potential discrimination against students and the absence of certain procedural safeguards. Yet, even as the debate intensified, there was little public discussion about the lack of explicit mention of transgender students in the framework. The omission, though not central to the overall controversy, raised questions among some advocates about the scope of the regulations and who they ultimately protect.
According to the All India Survey on Higher Education, trans student enrollment in universities and colleges rose from 302 in the 2020-2021 academic year to 1,448 in the 2022-2023 academic year, reflecting a sharp increase but still representing a very small share of India’s overall higher education population.
The Supreme Court in its 2024 National Legal Services Authority v. Union of India affirmed trans people are entitled to full constitutional protection, including equality, dignity and access to education, and directed governments to treat them as a socially and educationally disadvantaged group eligible for quota-based protections in education and public employment. The ruling recognized gender identity as integral to personal autonomy and held that discrimination on this ground violates fundamental rights under Articles 14, 15, 16, and 21.
Against this legal backdrop, the regulations do not explicitly reference trans students, an omission that has drawn attention in discussions on how constitutional protections are implemented within higher education institutions.
In the Indian constitutional framework, Articles 14, 15, 16, and 21 collectively form the foundation of equality and personal liberty.
Article 14 guarantees equality before the law and equal protection of laws; Article 15 prohibits discrimination on grounds such as religion, race, caste, sex or place of birth; Article 16 ensures equality of opportunity in public employment; and Article 21 protects the right to life and personal liberty, which courts have interpreted to include dignity, autonomy, and access to education. These provisions underpin judicial recognition of protections for marginalized communities, including trans people, within public institutions.
Judicial and policy frameworks in India have increasingly recognized the need for institutional support for trans students, underscoring the contrast with the absence of explicit mention in the University Grants Commission Equity Regulations, 2026, regulations.
The Madras High Court has directed educational institutions to implement measures such as gender-neutral restrooms, mechanisms to update name and gender in official records, inclusion of trans identities in application forms and the appointment of LGBTQ-inclusive counselors for grievance redressal alongside enforcement of the Transgender Persons (Protection of Rights) Act and its Rules.
Policy instruments have echoed similar priorities.
The National Youth Policy 2014 acknowledged trans youth as a group facing social stigma and called for targeted interventions, while the National Education Policy 2020 emphasized reducing dropout rates and ensuring equitable access to education. The University Grants Commission itself has previously indicated that universities should adopt affirmative steps and institution-specific plans to support trans people, making their absence from the current regulatory text more pronounced.
Research and policy analyses have consistently documented structural barriers faced by trans students in India’s education system. The Center for Development Policy and Practices and other academic studies note that discrimination, bullying, and the absence of gender-sensitive infrastructure contribute to high dropout risks among trans students in both school and higher education. Census data underscore this disparity.
The 2011 Census recorded a literacy rate of about 56.1 percent among trans people, significantly lower than the national average of roughly 74 percent, reflecting long-standing barriers to access and retention in formal education.
The controversy intensified after the Supreme Court on Jan. 29 stayed the implementation of the University Grants Commission Equity Regulations, 2026, and agreed to examine their constitutional validity.
A bench led by Chief Justice Surya Kant observed the regulations raised serious legal questions, including concerns that some provisions appeared vague and potentially open to misuse, and sought responses from the federal government and the University Grants Commission. The court directed that the earlier 2012 anti-discrimination framework would remain in force in the interim and listed the matter for further hearing, signalling the need for detailed judicial scrutiny.
Public and political reactions followed, with student groups, academics, and political actors divided over the stay and the broader policy direction. The federal government, led by Prime Minister Narendra Modi, maintained the regulations were intended to address caste-based discrimination and strengthen accountability within higher education institutions even as debate intensified nationally.
The regulations go beyond paperwork. They require universities to create on-campus equity monitoring teams and designated officers responsible for identifying incidents of discrimination, receiving complaints and reporting them to institutional committees for action. However, while the framework spells out protections for certain caste and social categories, it does not explicitly include trans students within this structure. In practice, that absence could leave uncertainty about whether routine monitoring, reporting and grievance mechanisms would extend to them with the same clarity, particularly in campuses where implementation already varies widely.
The regulations also prescribe penalties for faculty and staff found responsible for discrimination, including suspension, withholding of promotions, or termination of service following institutional inquiry. For students, disciplinary action may range from warnings to suspension depending on the severity of the misconduct. Where an incident amounts to a violation of existing statutory or criminal law, institutions are required to refer the matter to law enforcement authorities, placing responsibility on universities to escalate cases beyond internal mechanisms when warranted.
The regulations do not create new criminal offences but require institutions to escalate cases to law enforcement when conduct violates existing statutes. These may include the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, relevant provisions of the country’s penal code, such as criminal intimidation, assault or sexual harassment, disability rights protections, workplace harassment laws, and statutes addressing campus hazing. The framework is therefore stringent: campus inquiries can lead to disciplinary action, and, where legal thresholds are met, mandatory reporting to police. In the absence of explicit mention of trans students within the framework, questions remain about how individuals from the community would navigate complaint systems, interact with authorities, and access consistent institutional protections under these processes.
The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 is among India’s strictest anti-discrimination criminal laws and applies to students, staff and any individual accused of caste-based offences. It criminalizes acts such as intentional insults or humiliation, social exclusion, threats, physical assault and other forms of harassment directed at members of specific castes or tribes. Offenses under the law can lead to arrest, non-bailable charges in several categories, and imprisonment that may extend from months to years depending on the severity of the conduct, along with fines. The law also restricts anticipatory bail in many cases and mandates prompt registration of complaints, which is why it is often viewed as a powerful legal safeguard for marginalized communities while also being regarded by some as carrying serious legal consequences once invoked.
Nishikant Dubey, a member of India’s ruling Bharatiya Jana Party, welcomed the Supreme Court’s decision to stay the regulations, stating the judges had acted appropriately and that the matter required careful legal scrutiny. Indrani Chakraborty, an LGBTQ rights activist and mother of a trans woman, told the Washington Blade the University Grants Commission Equity Regulations, 2026, is a welcome step toward supporting vulnerable students.
“The saddest part is that the transgender community is excluded which is very unfair,” said Chakraborty. “Presently, the transgender community is the most vulnerable and not mentioning the community in the act. I regard it as the biggest discrimination and will never help in changing the scenario of the transgender students.”
Chakraborty told the Blade the trans community, as a minority facing persistent social stigma and taboo, is often overlooked and must repeatedly advocate even for basic rights.
“I believe that grouping of individuals under caste, religion, gender, etc., is the base of discrimination. Personally, I disagree with naming and tagging any individual. Equity over equality is the need now for the most vulnerable. And the transgender community faces discrimination the most. Discrimination against any individual in educational institutions needs immediate attention and preventive measures should be necessarily implemented.”
Chakraborty said the absence of explicit inclusion of trans students amounts to discrimination, undermining equality in education and violating human dignity.
Ankit Bhupatani, a global diversity, equity and inclusion leader and LGBTQ activist, told the Blade that debate around the University Grants Commission Equity Regulations, 2026, has largely centered on concerns raised by relatively privileged students, particularly those in the unreserved category, while communities with limited visibility in higher education have received far less attention. Bhupatani also referenced the All India Survey on Higher Education statistics.
“According to Queerbeat, more than half of these 1,448 students are clustered in a few states and several large states still report almost no transgender students at all. Any serious equity regime has to guard every individual, including upper-caste students who are unfairly targeted or stereotyped , but the public conversation cannot pretend this tiny, highly vulnerable group does not exist,” said Bhupatani. “When outrage dominates headlines and the most marginalized are barely mentioned, the word ‘equity’ starts to lose meaning.”
Bhupatani told the Blade that the University Grants Commission Equity Regulations, 2026, define gender to include the “third gender” and prohibit discrimination on that basis, but then repeatedly identify lower castes, tribes, economically disadvantaged groups, people with disabilities, and women as specific groups, while trans students and teachers are not explicitly listed. Bhupatani said that for a young trans person reading the regulations, the message can feel indirect — that others are clearly recognized while their protections depend on interpretation. He added that explicitly naming trans people as a protected group would not dilute safeguards for others, but would instead ensure those already facing stigma are not left to seek recognition case by case.
“Transgender people sit at the intersection of legal vulnerability and social prejudice, so if they are not named and centered in large regulatory exercises, they quickly disappear from view,” said Bhupatani. “Campus rules need to start with a simple moral intuition. No one, whether Dalit or Brahmin, trans or cis, rich or poor, should be harassed, excluded or denied opportunity because of who they are. The University Grants Commission (Promotion of Equity in Higher Education Institutions) Regulations, 2026 already move in this direction by defining discrimination broadly for all students and staff and by listing grounds such as caste, gender, religion, disability, and place of birth. That universal shift is essential.”
Bhupatani said a fair equity framework should operate on two levels. First, it must guarantee that any individual, regardless of background, can seek redress if treated unfairly. Second, it should explicitly identify groups that face entrenched barriers — including lower castes and tribes, people with disabilities, and trans people — and build specific safeguards for them. He added that concerns about misuse could be addressed through clearer definitions, transparent procedures, trained inquiry committees, representation from diverse groups, and meaningful penalties for false or malicious complaints.
Kalki Subramaniam, a trans activist and artist, told the Blade that trans students face layered vulnerabilities — including social stigma, harassment, and systemic neglect — that often go unaddressed on campuses. When policies do not explicitly name them, she said, it signals that their struggles are not seen as warranting recognition, reinforcing isolation, and undermining their ability to access safe and dignified education.
“I have faced this and I really do not want this generation of transgender students to go through the same kind of exclusion and treatment,” said Subramaniam. “If the government truly believes in inclusive education, transgender students must be explicitly recognised in every policy conversation. Otherwise, we remain erased from the very spaces that claim to be suitable. We will certainly urge the government to ease and prioritise education for transgender community students.”
Subramaniam said limiting protections primarily to caste categories reflects a narrow approach to justice, noting that discrimination on campuses can also be shaped by gender, class, disability, and sexuality. She said a more expansive framework would protect any student facing discrimination, regardless of identity, and emphasized that equity must operate universally for campuses to function as spaces of learning rather than exclusion.
Philippines
Philippines Supreme Court rules same-sex couples can co-own property
Advocacy group celebrated landmark decision
The Philippines Supreme Court in a landmark ruling said same-sex couples can co-own property under the country’s Family Code.
The Philippine News Agency on Tuesday notes the court issued its ruling in the case of two women who bought a house in Quezon City, a suburb of Manila, the Filipino capital, before they broke up.
The two women, according to the Philippine News Agency, “agreed to sell the property” after they ended their relationship, “and the registered owner — the respondent — signed a document acknowledging that the other partner paid for half of the purchase and renovations.” The Philippine News Agency notes “the registered owner” later “refused to sell the property and withdrew her earlier acknowledgment of co-ownership, prompting the other partner to file a complaint.”
A Regional Trial Court and the Philippines Court of Appeals ruled against the plaintiff.
The Supreme Court in a 14-page ruling it issued on Feb. 5 overturned the decisions. The Supreme Court published its decision on Tuesday.
“Considering that there is co-ownership between petitioner and respondent, then each co-owner may demand at any time the partition of the thing owned in common, insofar as her share is concerned,” said the Supreme Court in its ruling, according to the Philippine News Agency. “Having rightful interest over the subject property, petitioner has the right to demand the division of the subject property.”
The predominantly Catholic country’s Family Code defines marriage as “a special contract of permanent union between a man and a woman entered into in accordance with law for the establishment of conjugal and family life.” It also states in Article 148 that “in cases of cohabitation” outside of marriage, “only the properties acquired by both of the parties through their actual joint contribution of money, property, or industry shall be owned by them in common in proportion to their respective contributions.”
“In the absence of proof to the contrary, their contributions and corresponding shares are presumed to be equal,” it reads.
The BBC reported the Supreme Court ruling states this provision “applies to all forms of co-habitation,” regardless of the couple’s gender. A Supreme Court press release indicates the decision notes lawmakers and the Filipino government “must address same-sex couples’ rights, as courts alone cannot resolve all related policy concerns.”
“This court does not have the monopoly to assure the freedom and rights of homosexual couples,” it reads. “With the political, moral, and cultural questions that surround the issue concerning the rights of same-sex couples, political departments, especially the Congress must be involved to quest for solutions, which balance interests while maintaining fealty to fundamental freedoms.”
LGBT Pilipinas, a Filipino advocacy group, welcomed the ruling.
“This ruling marks a monumental step forward in the legal recognition of LGBTQ+ families and relationships in the country,” it said in a statement.
LGBT Pilipinas added the ruling “lays a crucial legal foundation for broader recognition of same-sex relationships and strengthens the push for comprehensive anti-discrimination protections.”
“This is a win not only for the LGBTQ+ community, but for fairness and justice in Philippine society as a whole,” said the group.
China
Two Chinese men detained over AI-generated picture of pandas engaging in same-sex behavior
Arrests part of increased online surveillance, LGBTQ rights crackdown
Chinese authorities have detained two men after they shared an artificially altered image that linked queer identity with a specific city.
The Washington Post on Jan. 21 reported the men — who are 29 and 33 — circulated an AI-generated picture depicting pandas engaging in same-sex behavior in Chengdu, a major city in southwestern China often referred to as the “panda capital” due to its association with giant panda conservation. Local officials described the sharing of the image as “malicious,” and police in Chengdu took the men into custody.
Authorities also suspended the two men’s social media accounts, accusing them of spreading misinformation presented as legitimate news. According to the Post, the artificially generated image was posted alongside a fabricated headline, giving the appearance of an authentic news report. The image depicted two male pandas mating.
According to an official police report, police said the fabricated image was presented in the format of a legitimate news article and accompanied by a false headline. The caption read, “Chengdu: Two male Sichuan giant pandas successfully mate for the first time without human intervention,” authorities said.
Chinese regulators have in recent years tightened oversight of AI and online content.
Under the Interim Measures for the Administration of Generative Artificial Intelligence Services, issued in 2023, providers and users of generative AI systems are required to comply with existing laws, adhere to social and ethical standards, and refrain from producing or disseminating false or misleading information. Additional rules that took effect on Sept. 1, 2025, require online platforms to clearly label AI-generated content, a measure authorities have said is intended to curb misinformation and maintain order in digital spaces.
Police under Chinese law are permitted to impose administrative detention of up to 15 days for offenses deemed to disrupt public order, a category that includes the fabrication or dissemination of false information online. Such cases are handled outside the criminal court system and do not require formal prosecution.
According to a statement the Chengdu Public Security Bureau’s Chenghua branch released, police opened an investigation after receiving public reports that online accounts were spreading false information about the city. Authorities said officers collected evidence shortly afterward and placed the two individuals under administrative detention.
The detentions are not an isolated case.
The Washington Blade in July 2025 reported a Chinese female writer was arrested and subjected to a strip search after publishing gay erotic fiction online. At least 30 other writers — most of them women in their 20s — in the months that followed publicly described similar encounters with law enforcement, including home raids and questioning related to their online writing.
ShanghaiPRIDE, a Chinese LGBTQ advocacy group that organized annual Pride events in the city, has remained indefinitely suspended since 2021. In the same period, dozens of LGBTQ-focused accounts have been removed from WeChat, China’s largest social media platform, as authorities intensified oversight of online content related to sexual orientation and gender identity.
Authorities in 2021 detained the founder of LGBT Rights Advocacy China. They later released them on the condition that he shut down the organization, which ceased operations shortly afterward.
China decriminalized homosexuality in 1997 when it removed consensual same-sex sexual relations from the country’s criminal code. The Chinese Society of Psychiatry in 2001 formally removed homosexuality from its list of mental disorders. Despite those changes, same-sex relationships remain unrecognized under Chinese law, and there are no legal protections against discrimination based on sexual orientation or gender identity. Public advocacy for LGBTQ rights remains tightly restricted, with authorities continuing to limit community organizing, public events and online expression related to sexual minority issues.
Within China’s LGBTQ community, transgender and gender non-conforming people remain among the most vulnerable. Under current regulations, access to gender-affirming surgery is subject to strict requirements, including being at least 18 years old, unmarried, obtaining parental consent and having no criminal record — procedures that are required in order to legally change one’s gender on official documents.
China’s system of online governance places responsibility on both users and platforms to prevent the spread of prohibited content. Social media companies are required to conduct real-name verification, monitor user activity and remove posts that violate regulations, while individuals can be punished for content authorities determine to have caused public misunderstanding or social disruption.
“Actually, at least three similar incidents have occurred in Chengdu recently, all involving netizens posting on social media linking Chengdu with homosexuality, resulting in legal repercussions. This isn’t just about giant pandas. I think the local police’s reaction was somewhat excessive,” said Renn Hao, a Chinese queer activist. “The content was actually praising Chengdu’s inclusivity, and there was no need to punish them with regulations like ‘maliciously spreading false information.’”
“This situation reflects the strict censorship of LGBT related content in the area,” they added. “This censorship makes LGBT-related content increasingly invisible, and people are even more afraid to post or mention it. This not only impacts the LGBTQ+ community in China but also hinders public understanding and awareness of this group.”
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