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India to consider reforms to country’s Uniform Civil Code

Supreme Court earlier this year heard marriage equality case

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(Photo by Rahul Sapra via Bigstock)

The Indian Supreme Court in 2018 decriminalized homosexuality in a landmark ruling, but same-sex marriage remains illegal in the country.

The country’s LGBTQ and intersex community has nevertheless continued to fight for marriage equality, and a ray of hope came from India’s highest court in 2022. The Supreme Court agreed to hear a marriage equality case, and the justices in April heard oral arguments in it. A ruling is still pending, but a debate over the country’s Uniform Civil Code has already begun.

The Uniform Civil Code would bring uniformity of civil union laws, regardless of sex or religion in the country.

India since it gained independence from the U.K. in 1947 has allowed people from different religions to follow different personal law on marriage, divorce, alimony and child custody. Under the Hindu Marriage Act, for example, if a Hindu couple wants a divorce, there will be a six-month waiting period before the court dissolves the marriage. If a Christian couple wants a divorce, the court will dissolve the marriage only after a judicial separation of two years. Muslims in India follow the Muslim Personal Law for marriage, divorce and custody of children.

The Indian government has decided to introduce a Uniform Civil Code to end discrimination in personal laws. The law would bring uniformity for civil unions across the nation, regardless of gender or religion. Uttarakhand, a northern Indian state, is the first state to draft the Uniform Civil Code. The Uttarakhand government has formed a 5-member expert committee that former Supreme Court Judge Ranjana Prakash Desai chairs for the implementation of the Uniform Civil Code.

The draft has created a ray of hope for India’s LGBTQ and intersex community because Desai recently told reporters the draft is ready and the panel has considered LGBTQ rights in the draft. Desai did not specify about the kind of rights that the panel considered.

“As far as I understand UCC, this is not only about equitable and fair and do discriminate on the grounds of sex, gender and sexuality,” said Bhanu Kumar, an event manager for LGBTQ Bihar and works to improve the livelihoods of LGBTQ and intersex people. “According to the draft, it’s also mentions every child, whether adopted or biological, will have an equal share in a deceased parent’s property, irrespective of gender, religion or sexual orientation, which is somehow going to change society, and peer pressure of society given on parent of LGBTQIA+ child, for disowning them. After such kind of law now only acceptance will get raised. Somehow divorce and house valiance will get decreased.”

While talking to the Washington Blade, Kumar said he believes the government will bring same-sex marriage under the Uniform Civil Code. He said the law would not only provide legal recognition and protection for LGBTQ and intersex couples, but also promote greater social acceptance and reduce discrimination against the community.

Souvik Saha, co-founder of Jamshedpur Queer Circle and People for Change, told the Blade the development of a Uniform Civil Code in Uttarakhand is an important step towards equality and inclusivity. He said the Uniform Civil Code aims to replace diverse personal laws based on religious practices with a single set of laws that govern various civil matters for all citizens of India.

“This move, if implemented thoughtfully and inclusively, has the potential to address long-standing issues faced by the LGBTQ community in the country,” said Saha. “Historically, India’s legal framework has been fragmented, with different personal laws applying to different religious communities. This has often resulted in disparities and discrimination, especially against marginalized groups, including the LGBTQ community. By drafting a UCC that considers LGBTQ rights, Uttarakhand shows a progressive approach toward recognizing the existence and rights of LGBTQ individuals.”

While recognizing the efforts of the Uttarakhand government on uniformity of laws for civil unions, Saha said the true impact of the Uniform Civil Code on LGBTQ and intersex rights would depend on the nature of the provisions included in the final law. He suggested the drafting panel takes a comprehensive and inclusive approach, addressing marriage equality, inheritance rights, adoption rights nondiscrimination protections and other issues. 

“As an organization advocating for LGBTQ rights, we would appreciate the positive step taken by the drafting panel while also acknowledging the challenges ahead. Our focus would be on pushing for a comprehensive UCC that goes beyond the token inclusion of LGBTQ rights to ensure substantive equality and protection in all aspects of life,” said Saha. “There is factual data and real stories of LGBTQ individuals who have faced discrimination under the existing legal framework. Lack of recognition of same-sex relationships has led to issues such as denial of inheritance, lack of access to healthcare benefits, and difficulties in obtaining legal documentation. Recognizing LGBTQ rights in the UCC is not about imposing a particular lifestyle on anyone, but rather about ensuring that all citizens have equal access to their fundamental rights and legal protections.”

According to the sources of Asian News International, a news agency in India, Uttarakhand’s Uniform Civil Code will be the template for the federal Uniform Civil Code.

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 mohitk@opiniondaily.news. He is on Twitter at @mohitkopinion

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LGBTQ Kashmiri students targeted after terrorist attack

26 people killed in Baisaran Valley on April 22

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Baisaran Valley in Kashmir (Photo by SB Stock/Bigstock)

Baisaran Valley, a Kashmiri meadow surrounded by pine trees, was bustling with Hindu tourists on April 22.  

Families were wearing phirans (traditional Kashmiri clothing) for photos, while ponies trotted along the Lidder River. Gunfire shattered this peace when five terrorists opened fire. They targeted Hindu men, checking their religion before shooting them. The terrorists killed 26 people — 25 tourists, including a Navy officer who was on his honeymoon — and Syed Adil Hussain Shah, a pony guide who died protecting others. More than 20 others were wounded.

The Resistance Front, a Pakistan-based group tied to Lashkar-e-Taiba, a terrorist organization, initially claimed responsibility for the attack, but retracted the claim three days later, fearing India’s diplomatic and military response that eventually included the tightening of borders and the suspension of the Indus Waters Treaty.

The attack sparked outrage across India.

Misdirected anger targeted Kashmiri students in Dehradun, Jalandhar, and other cities in which LGBTQ people face heightened vulnerability. They endured harassment, evictions, and threats of violence. The J&K Students Association reported more than 1,000 distress calls, and Kashmir Chief Minister Omar Abdullah urged states to protect them.

Activists across India have rallied to help LGBTQ Kashmiri students in their cities.

Harish Iyer, a prominent activist, offered shelter and legal assistance to them in Mumbai, the country’s financial hub.

“Religion is a tool used by terrorists worldwide to ensure that their victims divert their energy towards fighting each other while  they continue to focus on our destruction,” said Iyer. “It is a tried and tested formula designed to divide us while we should all be united against them.”

Iyer told the Washington Blade he saw videos of Kashmiri students being targeted.

“Hate gets compounded when you look at it from several intersectional points,” he said. “To belong to identities like queer, Muslim, and Kashmiri makes one vulnerable. In a moment where hate reveals its fang, it is important that love opens its home too.”

Iyer said he received a couple of phone calls from queer people in northern India who had been attacked. He offered to pay for their travel to Mumbai or any other city, but they eventually told him they found a place where they would be safe.

“It just reinstates our collective faith in humanity and asserts that there are kind people everywhere,” said Iyer. “The community stands united with each other against terror.”

He stressed “intersectional realities make us most vulnerable” and “that’s why we need to rise up and be the best of who we are as queer humans.” Iyer told the Blade that other queer activists in India are trying to do just that, albeit silently, by opening their homes to people who have been targeted. 

“Anish Gawande, the queer spokesperson of the Nationalist Congress Party, has been working hard to restore peace in the valley,” he noted. “He has been doing good work in the Kashmir Valley for several years now. I truly admire his courage and candor. But truly, it’s the everyday queer Indian who advocates for kindness who matter.” 

“They would not be known to all and sundry, may not have a fan following or several followers on social media, but they have it in them to open their homes and their world to those affected,” added Iyer. “Sometimes, love doesn’t cause outpouring visibility, sometimes it silently protects and creates homes with a beating heart.”

Gawande has worked in Kashmir since 2012, running a program for Kashmiri journalism students and an art residency. 

He acknowledged to the Blade the increase in violence against Kashmiri students. Gawande also said LGBTQ Kashmiri students face unique challenges because they are a “minority within a minority.”

“In these difficult times, several activists like Harish Iyer have come forward to offer their support to young Kashmiri LGBTQ students who are afraid for their own safety,” he said. “The intent of the terrorists was to divide us — we cannot let their strategy succeed. I am incredibly grateful to so many members of the queer community and allies who have stepped forward to help all Kashmiris in this difficult time.”

Gawande said he has been supporting the efforts of student leaders, including Nasir Khuehami of the J&K Students Association, who has been leading efforts to ensure Kashmiris across India remain safe and secure. Gawande also said government officials, politicians, and law enforcement are working to protect the students.

“I am grateful to both the central government and state governments across the country for their prompt assistance in this matter,” said Gawande. “In these difficult times, when emotions run high, we remain united against hate.” 

“Today, attempts are being made to create divides between Indians and Kashmiris, between Hindus and muslims,” he added. “We must stand up against such attempts in one voice.” 

Gawande last weekend traveled to Srinagar, the Kashmiri capital, and led multi-faith prayer services in temples, churches, gurdwaras (Sikh places of worship), and dargahs (shrines) “to mourn those who lost their lives in Pahalgam and to send out a message of communal harmony.”

“When attempts are being made to divide us on religious grounds, we must unite through religion,” he said.

Gawande also spoke directly to Kashmiri LGBTQ students, urging them to reach out to the J&K Students Association. He said his New Delhi home and his party’s offices across the country are “also available to those who need a safe space or a place to grieve.”

“In this time of grief, where we are all mourning the dastardly loss of life, it is important to stand up for what is right,” said Gawande. “Queerness has taught me that we have two kinds of families — those of birth and of choice.”

“Kashmir holds a special place in my heart, and when the well being of those who I consider family is under threat, there is no question of even thinking about any potential jeopardizing of my own safety,” he added.

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Opposition from religious groups prompts Indian Pride group to cancel annual parade

Event was to have taken place in Amritsar on April 27

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(Washington Blade photo by Ernesto Valle)

Pride Amritsar, a student-led organization in the Indian state of Punjab, earlier this month announced the cancellation of its Pride parade that was scheduled to take place on April 27, citing opposition from certain religious groups.

The event, planned for the Rose Garden in Amritsar, a city revered as a spiritual center of Sikhism, had faced mounting resistance from Sikh religious organizations, including the Nihang Singh faction and the Akal Takht, the faith’s highest temporal authority. These groups labeled the parade as “unnatural” and urged local authorities to deny permission, citing its potential to disrupt the city’s religious sanctity.

In an Instagram post on April 6, Pride Amritsar organizers Ridham Chadha and Ramit Seth elaborated on its mission and the reasons for the cancellation. 

“Since 2019, we have organized peaceful parades and celebrations in Amritsar to connect and uplift the LGBTQIA+ community, with a particular focus on transgender individuals and their rights,” their statement read.

Chadha and Seth highlighted Pride Amritsar efforts in providing guidance, counseling, and job opportunities, which have been met with positive responses. However, due to opposition this year, Pride Amritsar announced the cancellation of the 2025 parade. 

“We have no intention of harming the sentiments of any religious or political groups,” the statement read. “The safety of our members is our top priority, and we will take all necessary measures to ensure their protection.”

Chadha and Seth spoke with the Washington Blade about their decision to cancel the parade.

They explained that resistance came from both religious and political groups who labeled the parade and its values as anti-Sikh and contrary to Punjabi and Indian cultural norms. Critics specifically objected to the event’s location in Amritsar, a city regarded as a sacred center of Sikhism, arguing that the parade would disrupt its spiritual purity.

Chadha and Seth stressed Pride Amritsar lacks political, financial, or legal support. Composed of students and young professionals, the group organizes the parade biennially, dedicating personal time to advocate for the LGBTQ community.

“We do it independently, crowdfund the parade and cover the rest with our pockets,” said Seth and Chadha. 

When asked by the Blade why Pride Amritsar did not approach the High Court or local authorities to protect the parade, despite the Supreme Court’s 2018 ruling that decriminalized consensual same-sex sexual relations, Chadha and Seth cited significant barriers.

“Pursuing legal action in India requires substantial resources, both financial and temporal,” they explained. 

Chadha and Seth also noted that such action could lead to public shaming and unwanted publicity for participants, potentially harming their careers in Amritsar. They therefore chose not to pursue legal recourse.

Chadha and Seth said Pride Amritsar does not have any plans to hold alternative events.

“We are still exploring options, but we are likely not holding any events this year,” they said, citing significant harassment that organizers faced and the need for time to plan how to best serve the local LGBTQ community moving forward.

“Our evaluation of what the biggest challenge is has changed after this year,” said Chadha and Seth to the Washington Blade. “The biggest challenge, by far, seems to be education. We need to educate the community about what the community is, does, and why it exists. Why we do parades. Why we dance. Why calling someone ‘chakka’ is harmful. How we actually fit into religion and fall within the guidelines.”

Chadha and Seth said organizing the parade in Amritsar since 2019 has been an uplifting experience, despite continued opposition.

“The moment you join the parade, chant a slogan, or sing a song, it’s transformative,” they said. “Fear vanishes, and a sense of freedom takes over.” 

The cancellation of the 2025 Amritsar Pride Parade has sparked concerns among activists in Punjab, as the Indian Express reported. 

The Punjab LGBT Alliance and other groups expressed concern that the decision to cancel the parade may strengthen opposition to future LGBTQ-specific events. 

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LGBTQ poets included in India’s premier literary festival

Sahitya Akademi seen as mirror of government’s cultural agenda

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LGBTQ poets participated in India's Sahitya Akademi for the first time this month. (Photo courtesy of Kalki Subramaniam)

India’s premier literary institution on March 7 announced it would allow LGBTQ poets to participate in its marquee Festival of Letters in New Delhi.

The Sahitya Akademi, often seen as a mirror of the government’s cultural agenda, for the first time allowed these poets into a high-profile poetry reading at the Rabindra Bhavan. They shared the stage with more than 700 writers across 50 languages.

Culture and Tourism Minister Gajendra Singh Shekhawat kicked off the Festival of Letters with Mahesh Dattani, the acclaimed English-language playwright famed for his provocative works, as the main guest. Dubbed Asia’s grandest literary gathering, the Sahitya Akademi took place over six days under the “Indian Literary Traditions” theme.

The 2025 Festival of Letters showcased a sweeping range of voices — young writers, women writers, Dalit authors from marginalized castes, Northeast Indian scribes, tribal poets, and LGBTQ poets — cementing its reputation as a literary kaleidoscope. 

Kalki Subramaniam, a leading transgender rights activist and author, on March 9 chaired a literary session titled “Discussion on Literary Works of LGBTQ Writers in the 21st Century,” which spotlighted contemporary queer voices.

“It was enriching to listen to the profound thoughts of LGBT writers from various parts of the country in their speeches,” said Subramaniam. “The session was particularly memorable with the participation of A. Revathi Amma from Tamil Nadu, Reshma Prasad from Bihar, Sanjana Simon from New Delhi, and Devika Devendra Manglamukhi and Shivin from Uttar Pradesh and Aksaya K Rath from Orissa.”

Subramaniam discussed how global politics shape gender rights and the persistent erasure of trans identity, urging a unified push for solidarity within the LGBTQ community. She stressed the vital need to elevate queer works and writers, casting their voices as essential to the literary vanguard.

“It was a pleasure to meet great writers from around the country in the festival as well as meet my writer activist friends Sajana Simon and Revathi Amma after a long time,” said Subramaniam. 

Kalki Subramaniam participates in the Sahitya Akademi (Photo courtesy of Kalki Subramaniam)

The government on March 12, 1954, formally established the Sahitya Akademi. A government resolution outlined its mission as a national entity tasked with advancing Indian literature and upholding rigorous literary standards; a mandate it has pursued for seven decades.

The Sahitya Akademi in 2018 broke ground in Kolkata, hosting the country’s first exclusive gathering of trans writers, a landmark nod to queer voices in Indian literature. 

Hoshang Dinshaw Merchant, India’s pioneering openly gay poet and a leading voice in the nation’s gay liberation movement, on March 9 recited a poem at the Festival of Letters, his verses carrying the weight of his decades-long quest for queer recognition. He later thanked the session’s chair for welcoming the community, a gesture that underscored the event’s third day embrace of diverse voices.

The Sahitya Akademi in 2024 honored K. Vaishali with the Yuva Puraskar for her memoir “Homeless: Growing Up Lesbian and Dyslexic in India,” a raw account of navigating queerness and neurodivergence. Vaishali in a post-win interview reflected on India’s deep-seated conservatism around sexuality, noting she wrote from a place of relative safety — an upper-caste privilege that shielded her as she bared her truth. The award, she said, was the Akademi’s indelible seal on her lived experience, a validation no one could challenge.

The Sahitya Akademi’s inclusion of LGBTQ writers in its main program this year jars with the Bharatiya Janata Party-led government’s conservative stance, which, in 2023, opposed same-sex marriage in the Supreme Court, arguing it erodes Indian family values. Yet, under Shekhawat, the Sahitya Akademi’s spotlight on queer voices at the Rabindra Bhavan suggests it could be a tentative crack in a regime typically rooted in tradition.

The Festival of Letters hosted a translators’ meeting on March 10, spotlighting P. Vimala’s 2024 award-winning Tamil translation of Nalini Jameela’s “Autobiography of a Sex Worker,” a work steeped in marginalized voices that include queer perspectives.

This platform gained significant support from the BJP-led government, with Shekhawat securing a 15 percent budget increase to ₹47 crore ($5.63 million) in 2024. In Tamil Nadu state, however, Dravida Munnetra Kazhagam’s Chief Minister Muthuvel Karunanidhi Stalin, has long opposed such cross-linguistic efforts, fearing dilution of Tamil identity amid decades of anti-Hindi sentiment — a tension the Sahitya Akademi’s inclusive showcase sought to bypass.

‘The Akademi is very inclusive and has a friendly festival ambience,” Subramaniam told the Washington Blade.

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