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LGBTQ, intersex activists in India prepare for marriage equality ruling

Country’s Supreme Court has agreed to hear multiple cases

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(Photo by Rahul Sapra via Bigstock)

The world’s largest democracy is preparing to extend marriage rights to same-sex couples through the Indian Supreme Court.

The highest court of the land on Jan. 6 transferred to itself all marriage equality petitions that had been pending before other courts. 

Two same-sex couples on Nov. 14, 2022, filed a petition before the Supreme Court seeking legal recognition of same-sex marriages. The first petitioners are Supriyo Chakraborty and Abhay Dang, while the second couple is Parth Phiroze Merhotra and Uday Raj Anand. 

The petitioners argued before the Supreme Court that marriage only between “male” and “female” discriminates against same-sex couples by denying them adoption, employment, retirement and other benefits. The petitioners have requested the law be declared unconstitutional.

Justices D. Y. ChandrachudĀ and Hima Kohli after they heard the petitioners ordered the federal government to respond to their petition. Lawyers on Jan. 3 asked the Supreme Court to transfer two similar cases from the Delhi and Kerala High Courts. The Supreme Court agreed to the request and transferred nine marriage equality cases to its jurisdiction.

The Supreme Court in 2018 struck down the colonial-era law that criminalized homosexuality. 

While delivering the judgment in 2018, Chandrachud said that the case is much more than decriminalizing a provision. 

ā€œIt is about an aspiration to realize constitutional rights and equal existence of LGBT community as other citizens,ā€ he said.

Activists and the LGBTQ and intersex community are expecting the Supreme Court to issue a favorable ruling.

Rashtriya Swayamsevak Sangh (RSS), one of the world’s largest voluntary organizations and Prime Minister Narendra Modi’s Bharatiya Janata Party’s parent organization, has come out in support of the LGBTQ and intersex community, even though the organization is considered conservative, RSS Chief Mohan Bhagwat in an interview with “Organizer and Panchjanya,” the organization’s magazine, said that the LGBTQ community too should have the right to privacy, and the organization will have to promote this view.

“People with such proclivities have always been there; for as long as humans have existed,” said Bhagwat. “This is biological, a mode of life. We want them to have their own private space and to feel that they, too, are a part of the society. This is such a simple issue. We will have to promote this view because all other ways of resolving it will be futile.”

RSS is an organization that supports Indian culture and values. 

It runs 20,000 schools in the country and promotes free education for poor neighborhoods. RSS volunteers carried out relief efforts during last year’s flood in Assam state, and ran a rescue operation in Modi’s home state of Gujarat when an earthquake killed more than 20,000 people.

Tinesh Chopade, associate director of advocacy for the Humsafar Trust, told the Washington Blade he is positive and hopeful of the upcoming ruling 

“Justice Chandrachud is very positive towards protecting the rights of the LGBTQ community,” said Chopade. “It’s just we should be mindful of the technicality of the judgement as the court has asked government response of the case.”

Chopade also talked about Bhagwat’s statement. 

Chopade said it is a good sign because RSS was against homosexuality when the Supreme Court decriminalized it. Chopade added he strongly believes Sangh’s statement could have a positive impact on Indian society.

“RSS has a large following in society, so definitely the chief’s statement would help change the attitude of the individuals towards the community,” Chopade told the Blade. “If we have a conversation as a community with them (RSS), then we will be more than happy to engage, not only with the chief (justice) but also with other workers to see how we can work together. We definitely see that as positive towards the influencing the larger society.”

Chopade further highlighted how the LGBTQ and intersex community is preparing for the Supreme Court’s expected ruling. He said that even though it has little control over the decision, the community is hopeful.

“As a community-based organization, our job is to prepare the community on the ground for such legal proceedings. We have so many beautifully written judgments in past by the Supreme Court of India, but when it comes to implementation, that’s the challenge,” said Chopade. “We can prepare the community for the responses or implementation. For example, if tomorrow we have marriage equality, then as an LGBTQ organization, our job is to disperse the judgment.”

A spokesperson of the Sappho for Equality, an LGBTQ and intersex organization based in the Indian state of West Bengal, told the Blade that equality must extend to all the spheres of life, including the home, workplace, and public spaces for the LGBTQ and intersex community.

Decriminalizing homosexuality, according to Sappho for Equality, is not enough.

“We deserve all the rights and privileges that people who are at the center of society receive through legal recognition of their interpersonal relationships such as marriage,” said the Sappho for Equality spokesperson. “With the help of various queer-trans* activists and leaders, we are trying to bring to the surface the lived realities of many queer-trans* couples from across the country whoā€™ve had to fight with their (birth) families as well as the legal institutions at the cost of their mental, physical, social health and wellbeing. Marriage equality is an absolute necessity of the hour as it lies in the fact that many queer-trans individuals who come from multifarious intersectional backgrounds will at least be able to tell their (birth) families about the legal recognition of their relationships which ensures security.”

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

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India

LGBTQ Indians remain vulnerable to dating app scammers

Gay man in Mumbai lost nearly $11K in 2024

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(Bigstock photo)

Swiping right has become a pricey trap for many in India, where Grindr and other dating apps serve as stalking grounds for scammers spinning fake profiles, sob stories, and shattered promises. This deception hits the LGBTQ community hardest, with reports indicating hundreds of people are duped each year.

The modus operandi of these scams unfolds when an LGBTQ user connects with a match on Grindr or Tinder, someone claiming to be from the U.S. or Europe, and the texts spark a flawless romance, until a frantic call shatters the illusion. Theyā€™ve flown to India to meet them, they say, but customs officials at the airport have detained them for carrying wads of foreign cash. A desperate plea follows: Send money to settle fines, with a hollow vow to repay once releasedā€”a vow that vanishes the moment the payment lands.

Although dating apps have tightened policies to shield usersā€”Match Group, Tinderā€™s parent company, rolled out a campaign across Tinder, Hinge, Match, Plenty of Fish, and Meetic with in-app tips to spot scamsā€”fraud persists. Delhi Police on Jan. 11 busted a gang that targeted gay men on Tinder, luring them with fake profiles promising shared desires, then holding them hostage to extort cash. A minor was among the five people who authorities arrested.

Though India decriminalized homosexuality in 2018, lingering social stigma still marks LGBTQ people as prime targets for dating app scammers. 

Noida police in Uttar Pradesh state in 2020 dismantled a gang that honey-trapped at least 10 professionals on a gay dating app, robbing two of them of $500 and $1,700 respectively. Gurugram police in Haryana, a bustling tech and finance hub, that same year nabbed another gang that preyed on more than 50 users of the same app.

Scammers often dig deep, coaxing out home addresses, job details, and family ties from their targetsā€”sometimes with an accomplice who turns violent, assaulting the victim. Activists, however, note most of them donā€™t come forward to the police, silenced by Indiaā€™s staunchly conservative mores that allow catfishers to slip away and target more people unchecked.

A 28-year-old gay man in Mumbai in March 2024 fell prey to a dating app scam, losing nearly $11,000 to a man posing as a Texas-based doctor. 

After striking up a friendship online, the scammer promised an expensive watch as a giftā€”only to call the next day, claiming heā€™d been detained at Delhiā€™s airport for carrying a hefty sum of foreign currency. Moments later, a supposed customs officer named Priya demanded $859 in taxes to secure his release. What began as a single payment spiraled into a financial abyss, with the victim funnelling roughly $11,000 in a month, the Indian Express reported.

ā€œThese incidents have grabbed headlines recently. Scammers create fake profiles, build trust with their targets, and then hit them with extortion demands, threatening to out them to family or friends, said Ankit Bhuptani, an LGBTQ activist who founded Queer Hindu Alliance. ā€œItā€™s a cruel twist of the knife, preying on the fear of societal rejection that still lingers despite legal progress.ā€

ā€œEven though the Supreme Court struck down parts of Section 377 in 2018, decriminalizing homosexuality, the reality on the ground is that acceptance isnā€™t universal,ā€ added Bhuptani. ā€œFamilies and communities can still be harsh, and these scammers weaponize that vulnerability. The fact that arrests have been madeā€”like those recent busts in Ghaziabad and Noidaā€”shows the police are acting, but the persistence of these scams tells us we have got a long way to go.ā€

Bhuptani noted that a mix of technological, societal, and legal challenges fuels these scams. He said scammers thrive because dating apps can be a Wild Westā€”fake accounts are easy to set up, and AI tools make them even more convincing.

ā€œI have heard of cases where victims lost lakhs (thousands of US dollars), like that guy in Ghaziabad who was blackmailed for 1.4 lakhs ($1,700) after being filmed in a compromising situation. Itā€™s predatory and shameless,ā€ said Bhuptani. ā€œThe emotional toll is just as bad as the financial hitā€”imagine the terror of being outed in a society where many still see being gay as taboo.ā€

Bhuptani argued Indiaā€™s legal framework is primed to tackle dating app scams, pointing to constitutional protectionsā€”Article 14ā€™s equality guarantee and Article 15ā€™s anti-discrimination shield the Navtej Johar ruling, which decriminalized homosexuality in 2018, bolstered. He noted that blackmail and extortion already fall under Indian penal code Sections 383 and 384, while the IT Act can pin scammers for online fraud and identity theft.

ā€œThe problem isnā€™t the laws; itā€™s enforcement and awareness. Police need better training to handle queer-specific cases with sensitivity, and dating apps must step upā€”think stricter verification, AI-flagging of suspicious profiles, and user education on spotting red flags,ā€ said Bhuptani. ā€œBut laws alone wonā€™t fix this. Societyā€™s got to shift. As long as being LGBTQ carries a stigma, scammers will have leverage. We need campaignsā€”loud, bold onesā€”pushing acceptance, normalizing queer identities, and making it clear that outing someone is not a weapon that works anymore.ā€

Pune police, meanwhile, on Feb. 27 filed an First Information Report  against a gang that blackmailed a gay man on a dating app, bleeding him of $1,248 over five months.

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Indian state proposes sweeping LGBTQ policy

Judge calls for one set of Tamil Nadu guidelines

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(Washington Blade photo by Ernesto Valle)

The government of Tamil Nadu in southern India has proposed a policy that is designed to improve the lives of LGBTQ and intersex people in the state.

The Tamil Nadu State Planning Commission introduced the “Draft Policy for the Welfare of LGBTQIA+ Persons” in July 2023. Key provisions include a 1 percent quota for transgender and intersex people in education and employment. Progress to implement the policy has been hindered because of the governmentā€™s fragmented approach of developing separate policies for different groups within the community.

The Madras High Court in January 2024 acknowledged Tamil Naduā€™s proposed policy and commended the stateā€™s efforts. 

The court highlighted key recommendations, such as establishing a State Commission for Sexual and Gender Minorities and introducing quotas, while stressing the need to combat discrimination and violence. The court this month, however, raised concerns about the governmentā€™s separate policies for trans people and the broader LGBTQ community.

Justice N. Anand Venkatesh stressed the need for a single, unified policy to effectively address the challenges the LGBTQ community faces. He directed the Social Welfare and Women Empowerment Department to submit a separate proposal for trans people and a consolidated LGBTQ one by Feb. 17 that would allow stakeholder input and improvements.

The Madras High Court has been actively guiding the Tamil Nadu government towards formulating a unified and comprehensive policy for the LGBTQ community, rather than separate policies for different groups within the community.

Tamil Nadu’s proposal offers several advantages aimed at promoting inclusivity and equality. It would provide healthcare inclusion, recommending the extension of the Chief Minister’s Health Insurance Scheme to cover trans-specific medical procedures, such as gender-affirming surgeries, to ensure essential healthcare is accessible. The proposal calls for nondiscrimination policies in all government departments and public authorities that seek to protect LGBTQ people from bias and violence.

The proposal calls for educational institutions to adopt policies that raise awareness and address issues of violence, abuse, and discrimination against students with diverse gender identities and sexual orientations. It also suggests the creation of bodies like the Tamil Nadu Council for LGBTQ Persons and District Level LGBTQ Welfare and Justice Committees to coordinate efforts across government departments.

ā€œTamil Nadu is the first state in India to develop a unified policy covering sexual orientation, gender identity and sex characteristics, based on a recent Madras High Court directive,ā€ said L. Ramakrishnan from SAATHII, an organization that works to create an inclusive healthcare system, and a member of the policy drafting committee. ā€œThis is important because critical sensitization interventions for inclusive education, healthcare and employment require understanding of sexual, sexuality, and gender diversity,ā€Ā 

ā€œAt the same time, recognizing the added vulnerabilities of trans and intersex individuals, provisions such as horizontal reservations and free land allocation are proposed only for transgender and intersex individuals,ā€ added Ramakrishnan.

The proposal, among other things, calls for gender-neutral bathrooms and hostels. It also seeks to protect LGBTQ people from family violence and from corrective rape and so-called conversion therapy that medical providers and faith healers carry out.

The proposed policy would also acknowledge and support relationships outside the traditional marriage framework. It proposes a Deed of Familial Association that would legally recognize queer relationships as the Madras High Court ruled in a case of a lesbian couple who sought protection from harassment. While the deed would offer protection from family and societal harassment, it would not extend legal status or rights associated with marriage or civil unions. 

The Indian Supreme Court on Oct. 17, 2023, ruled against marriage rights for same-sex couples.

ā€œWe have long been working and sensitizing the government for a policy,ā€ said Kalki Subramaniam, a trans activist and artist who founded the Sahodari Foundation, an organization that supports trans people in India. ā€œIt seems to be happening. We, the trans community, demand a separate policy for us because we are the most marginalized and poorest community in the entire LGBTQI spectrum.ā€ 

ā€œI insist on two different policies: One for us, trans and intersex persons, and the other for the LGB community. Practically, it is very much possible,ā€ added Subramaniam. ā€œThe state government, months ago, held public meetings with the trans community in all districts, and the communityā€™s overall demand is a separate policy. I welcome the commission and insist it should have representatives from trans women, trans men, and intersex communities.ā€

She told the Washington Blade the proposed policy is something for which the community has been waiting for years, and is happy to see it on the table. Subramaniam noted the quota, in particular, will ensure equal opportunities in jobs and education.

ā€œTamil Nadu governmentā€™s laudable efforts in building equity for the LGBTQIA+ community stands as a magnificent beacon of hope,ā€ said Harish Iyer, an Indian LGBTQ activist. ā€œIn times of absolute disregard across the world, this effort puts not just the queer community, but India in the forefront of humanitarian efforts.ā€

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India hotel chain policy allows for cancellation of unmarried couples’ reservations

OYO Rooms issued directive on Jan. 9, requires proof of relationship

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(Photo by Postmodern Studio/Bigstock)

Traveling in India is becoming increasingly challenging for unmarried couples, with LGBTQ partners facing even greater hurdles.

OYO Rooms, a major hospitality chain, on Jan. 9 issued a directive to its partner hotels in Meerut, a city that is 50 miles from New Delhi, that allows them to refuse to allow unmarried couples to make reservations.

The chain now requires all couples to present valid proof of their relationship at check-in, even for online bookings. The company stated the decision aligns with local social sensibilities and hinted that the policy might be expanded to other cities based on feedback from the ground.

OYO, which partners with more than half a million hotels across India, operates not only within the country but also in other parts of Asia, the U.S., and Europe. According to sources familiar with the policy change, the company previously received feedback from civil society groups, particularly in Meerut, urging action on this issue. Residents from other cities have also petitioned to disallow unmarried couples from booking rooms in OYO hotels.

OYO and other budget hotel chains for years have been perceived in India as safe spaces for couples seeking privacy. This policy change, however, has sparked criticism online. Many view it as a departure from the brand’s long-standing image as a haven for unmarried couples. In a society where many couples struggle to find private spaces at home or elsewhere, this move has drawn backlash for restricting access to affordable accommodation.

LGBTQ couples, who often rely on OYO and other budget hotels for privacy, may feel the impact of this decision more acutely.

The Supreme Court in 2023 ruled LGBTQ people have the right to form relationships without discrimination, but it also ruled against marriage rights for same-sex couples. OYO’s policy, and others like it, further limit the availability of same spaces for them as they continue to face marginalization.

India in 2023 welcomed approximately 9.23 million foreign tourists, an increase from 7 million in 2021, though still below the pre-pandemic peak of 10.93 million in 2019. While there are no specific records for LGBTQ tourists, the International Gay and Lesbian Travel Association. Restrictive policies like OYO’s directive, however, could create difficulties for LGBTQ travelers seeking budget accommodations.

“OYO is committed to upholding safe and responsible hospitality practices,” said OYO North India Region Head Pawas Sharma in a statement to Press Trust of India. “While we respect individual freedoms and personal liberty, we also recognize our responsibility to listen to and work with law enforcement and civil society groups in the micro-markets we operate in. We will continue to review this policy and its impact periodically.”

The multinational company claims to be reshaping outdated perceptions by presenting itself as a brand that offers safe experiences for families, students, business travelers, religious pilgrims, and solo travelers.

A survey that Booking.com conducted in 2023 found, 91 percent of LGBTQ travelers in India prioritized their personal safety and well-being when choosing travel destinations, a notable increase from 70 percent in the previous year.

“I am surprised OYO is doing this,” said Kalki Subramaniam, a global transgender activist, artist, and founder of the Sahodari Foundation, an organization that supports trans people in India. “What are they trying to establish through this moral code? Do they really care about every customer? If so, how can they introduce something like this? I would like to know what their stance on LGBTQ rights is.”

The Washington Blade made multiple attempts to contact OYO founder Ritesh Agarwal and his company for comment, but has received no response.

Sudhanshu Latad, advocacy manager at Humsafar Trust, a prominent LGBTQ organization in India, expressed uncertainty about the policyā€™s impact on the LGBTQ community.

“Two boys in India are not considered married anyway, so if two boys book a hotel room together, no one usually bothers unless one is feminine or gives off a hint,” Latad said. “However, for a trans woman and a man, it could be a challenge.”

Latad referenced the Supreme Court’s 2023 marriage equality ruling, which allows trans people who fit into the binary system of gender to legally marry.

“Affluent transgender couples may choose bigger hotels, which are less of a challenge, but economically marginalized individuals often end up paying bribes to hotel staff at budget hotels like OYO Rooms,” he added.

Latad further explained that tourists can generally be divided into two categories: Affluent leisure travelers who prefer luxury hotels, and backpackers.

“If backpackers are gay white men, they usually face no trouble securing a room,” he said. “OYO’s policy, however, seems discriminatory towards heterosexual unmarried couples.”

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