India
Marriage equality proponents make case to India Supreme Court
Hearing to resume on Tuesday

The Indian Supreme Court on April 18 started hearing a case on whether to extend marriage rights to same-sex couples in the country.
Chief Justice Dhananjay Yeshwant Chandrachud is heading a panel of five judges to decide if the time is now to extend marriage rights to same-sex couples in the country where being LGBTQ is not a crime, but a same sex couple cannot marry.
The marriage equality case on the first day of the hearing started with a heated exchange between Solicitor General Tushar Mehta, the country’s second highest legal official, and Chandrachud. The solicitor general argued which forum should be the only constitutional forum that could adjudicate the marriage equality law. Chandrachud wanted to hear the merits of the case first. Mehta insisted on hearing the issue first.
“I am in charge. I will decide. We will hear the petitioners first,” said Chandrachud.” “I will not allow anyone to dictate how proceedings will happen in this court.”
Judges felt a little shocked when Mehta said that if that is the case, let him then take time to see if the government should participate in the hearing. Justice Sanjay Kishan Kaul, one of the five judges who is currently hearing the validity of marriage equality in India, asked Mehta if he meant that the government would not participate in the hearing.
“None of us know what a farmer in south India thinks or a businessman thinks in North India,” said Mehta.
Chandrachud argued that the court would consider any request other than adjournment. After the heated argument in the court, senior lawyer Mukul Rohtagi opened the case for petitioners.
“We are persons of the same sex, and we have the same rights as like the heterosexual groups of the society this has been held so, and we need not reinvent the wheel and only stumbling block was Section 377, and our actions were subject to criminality, and now it is gone,” said Rohtagi, who represents the plaintiffs. “If our rights are identical and then we should enjoy full array of rights as under Articles 14, 15 and 21.”
Article 14 of the Indian constitution deals with equality before the law.
The article says that the state shall not deny to any person equality before the law or the equal protection of the laws within Indian territory based on grounds of religion, race, caste, sex or place of birth. Article 15 prohibits discrimination on grounds of religion, race, caste, sex or place of birth. Article 21 says no person shall be deprived of his life or personal liberty except according to a procedure established by law.
Rohtagi argued that the court should not wait for legislative action when fundamental rights are involved.
“Our lives are getting passed,” said Rohtagi. “We are getting old, and we need to be respected as in a marriage. Call them queer, call them gay. People look at them differently, and that is a violation of Article 21. A violation of right to life with dignity and also violation of Article 15 when there can be no discrimination based on caste, sex.”
While arguing, Rohtagi brought up the Respect for Marriage Act in the U.S. to support his argument about the validity of marriage equality. When the court was hearing the validity of the marriage equality case, Chandrachud made a note to restrict the discussion on the gender-neutral interpretation and evolve a civil union concept.
Menaka Guruswamy, a senior lawyer, while arguing for the plaintiffs, said she could not designate her life partner for life insurance and that people like her would keep coming to the court to redress individual grievances.
The Washington Blade last November reported that the Life Insurance Corporation of India, a public sector insurance company under Indiaās Finance Ministry, had said that there is no legal bar for anyone to make their same sex partner a beneficiary in insurance policies in the name of that person.
Mehta during the middle of the hearing said that the question is not granting a socio-legal sanction. It has been clearly saying no one shall discriminate against the trans person, including unfair treatment and denial of employment, and here trans includes LGBTQ and intersex and not what is understood in the conventional sense. He also said that Hindus and Muslims will be affected, and that is why states should be heard.
Chandrachud said that the notion of biological man and biological woman is absolute. The chief justice also said that it is not a question of genitals because the Special Marriage Act’s definition of man and woman is not restricted to genitals.
The Special Marriage Act is an Indian marriage law enacted in 1954 that provides a legal framework for the marriage of people belonging to different religions or castes.
Mehta argued other laws will be redundant if the marriage equality law takes effect. He also requested the Supreme Court consult all states in India for their response as marriage laws are listed in the concurrent list of the constitution that states union governments and state governments can make laws on the subjects enlisted under the concurrent list. Marriage falls under the concurrent list of the Indian constitution.
Kapil Sibal, a senior lawyer for Jamiat Ulema-I-Hind, a leading Islamic scholar organization in India, told the Supreme Court he believes in the autonomy of an individual and that everyone needs to celebrate the union of two people. But Sibal also argued that if same-sex marriage is allowed who will take care of the child? Who will be the father? Who will be the mother? Sibal said that in international examples countries reform all other laws to accommodate these things.
“I am all for same sex marriage but not in this fashion,” said Sibal. “If this is not done as a whole then let it not be done at all.”
Rohatgi said before the bench that the LGBTQ and intersex community has a fundamental right to get married and have it registered like heterogenous brethren of the society.
“I was amazed to hear that we are not equals and we need to be equal to stigmatized lot, and that is why court should step in, and that is why even after 377 judgment we are here,” said Rohatgi. “That is why state is telling us here that we are not equals.”
While highlighting equality and justice for everyone, Chandrachud, said that justice is to each of us, liberty to each of us, equality to each of us, and fraternity for all of us.
On April 19, the second day of the hearing, the central government filed a fresh application and urged the judges to take into account the state governments’ views since “marriage” is on the concurrent list. The central government in its application said that the Department of Legal Affairs has also written to all chief secretaries of state to submit their views on same-sex marriage in case notice is not issued to them. The central government also said that states should submit their views in 10 days so that center can present the case before the Supreme Court.
Rohatgi said that the LGBTQ and intersex community suffers under the majority. He said it is not the law, but a mindset that is bothering LGBTQ and intersex people in their daily life. Rohatgi also said that society accepts what the law is and highlighted to the judges that the LGBTQ and intersex community has no representation in the Parliament and that’s why the community has approached the court. Rohatgi also argued that constitutional morality would become a habit for the people when the same is upheld by the Supreme Court.
“State cannot discriminate against an individual on the basis of a characteristic over which the individual does not have control,” said Chandrachud. “When you see it is innate characteristics, then it counter urban elitist concept. Urban perhaps because more people are coming out of the closet. Government does not have any data also to show that same sex marriage is an urban elitist concept.”
On the third day of hearing, senior lawyer K.V. Vishwanathan appeared for the plaintiffs and argued that if one can be a son, daughter, sister, father-in-law, uncle, aunt and partner, then what holds the court to give marital status to the same-sex couples.
“It is only the sexual orientation which is beyond my control and it is not in conformity with heterosexual norms and thus will not accord you protection like the normal married couples,” said Vishwanathan. “Procreation is a valid defense to negate the right to marriage.”
Vishwanathan also argued that marriage is the coming together of two souls and to be told that it is to be looked at from procreation purpose is fallacious.
“What happens when there is a heterosexual couple when there is domestic violence. What kind of impact on children? So much for being heterosexual,” noted Chandrachud. “What about father coming back home drunk thrashing up the mother and asking money for alcohol? there is nothing absolute at the cost of being trolled. Answers to what we say in court is in trolls and not in court.”
The Supreme Court of the land also noted that the government does not have the data to prove that same-sex marriage is an urban elitist concept.
“People come out of closet,” noted the Supreme Court.
The central government, in its application, had highlighted that the concept of marriage equality is an ‘urban elitist’ notion.
The hearing on LGBTQ and intersex marriage rights has attracted reactions from across the nation.
Ranvir Shorey, a Bollywood actor, reacted to Supreme Court’s hearing and said that there is no fixed way to be a man or a woman.
“Better to think of it in terms of polarity, or scale. Those who fuss over binaries ought to remember there is an infinity between the two too,” said Shorey in a tweet. “Jurisprudence is derived from human understanding of natureās principles. Laws exist so a society can function as a collective, while trying to preserve the rights of the individual. The more our laws move away from nature, the more at conflict we will be with ourselves.”
The Vishwa Hindu Parishad has opposed the marriage equality rights petition and said the “haste” with which the Supreme Court is hearing the petitions for legal recognition of same-sex marriage is not appropriate. The organization also said that the court should have asked for the opinion of religious leaders and experts from diverse fields.
The Bar Council of India, a statutory body that regulates legal practices and education in the country, on Sunday held a joint meeting with all the state Bar Councils in the country and passed a resolution concerning marriage equality. The Bar Council of India has requested the Supreme Court to leave the issue of marriage equality for legislative consideration.
“India is one of the most socio-religiously diverse countries in the world consisting of a mosaic of beliefs. Hence, any matter which is likely to tinker with the fundamental social structure, a matter which has a far-reaching impact on our socio-cultural and religious beliefs should necessarily come through the legislative process only, the meeting unanimously opined. Any decision by the Apex Court in such a sensitive matter may prove very harmful for the future generation of our country.” the release stated.
The Bar Council of India also said that more than 99.9 percent of people in the country are opposed to the idea of marriage equality. The Supreme Court will start hearing the government’s arguments on Tuesday.
Ankush Kumar is a 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 mohitk@opiniondaily.news. He is on Twitter at @mohitkopinion.
India
LGBTQ Indians remain vulnerable to dating app scammers
Gay man in Mumbai lost nearly $11K in 2024

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. Theyāve 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 releasedāa vow that vanishes the moment the payment lands.
Although dating apps have tightened policies to shield usersāMatch Group, Tinderās parent company, rolled out a campaign across Tinder, Hinge, Match, Plenty of Fish, and Meetic with in-app tips to spot scamsāfraud 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 targetsāsometimes with an accomplice who turns violent, assaulting the victim. Activists, however, note most of them donāt come forward to the police, silenced by Indiaās 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 giftāonly to call the next day, claiming heād been detained at Delhiās 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.
āThese 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. āItās a cruel twist of the knife, preying on the fear of societal rejection that still lingers despite legal progress.ā
āEven though the Supreme Court struck down parts of Section 377 in 2018, decriminalizing homosexuality, the reality on the ground is that acceptance isnāt universal,ā added Bhuptani. āFamilies and communities can still be harsh, and these scammers weaponize that vulnerability. The fact that arrests have been madeālike those recent busts in Ghaziabad and Noidaāshows 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 Westāfake accounts are easy to set up, and AI tools make them even more convincing.
āI 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. Itās predatory and shameless,ā said Bhuptani. āThe emotional toll is just as bad as the financial hitāimagine the terror of being outed in a society where many still see being gay as taboo.ā
Bhuptani argued Indiaās legal framework is primed to tackle dating app scams, pointing to constitutional protectionsāArticle 14ās equality guarantee and Article 15ās 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.
āThe problem isnāt the laws; itās enforcement and awareness. Police need better training to handle queer-specific cases with sensitivity, and dating apps must step upāthink stricter verification, AI-flagging of suspicious profiles, and user education on spotting red flags,ā said Bhuptani. āBut laws alone wonāt fix this. Societyās got to shift. As long as being LGBTQ carries a stigma, scammers will have leverage. We need campaignsāloud, bold onesāpushing 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.

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 governmentās fragmented approach of developing separate policies for different groups within the community.
The Madras High Court in January 2024 acknowledged Tamil Naduās proposed policy and commended the stateās 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 governmentās 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.
āTamil 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. āThis is important because critical sensitization interventions for inclusive education, healthcare and employment require understanding of sexual, sexuality, and gender diversity,āĀ
āAt 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.
āWe 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. āIt 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
āI 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. āThe state government, months ago, held public meetings with the trans community in all districts, and the communityās 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.
āTamil Nadu governmentās laudable efforts in building equity for the LGBTQIA+ community stands as a magnificent beacon of hope,ā said Harish Iyer, an Indian LGBTQ activist. āIn times of absolute disregard across the world, this effort puts not just the queer community, but India in the forefront of humanitarian efforts.ā
India
India hotel chain policy allows for cancellation of unmarried couples’ reservations
OYO Rooms issued directive on Jan. 9, requires proof of relationship

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 policyās 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.”