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Indian Supreme Court rules against marriage equality

Oral arguments in case took place earlier this year

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The Indian Supreme Court (Photo by TK Kurikawa via Bigstock)

The Indian Supreme Court of India on Tuesday issued its long-awaited marriage equality ruling.

A five-judge constitutional bench led by Chief Justice Dhananjaya Yeshwant Chandrachud in a 3-2 verdict against recognizing the constitutional validity of same-sex marriages in India. The country’s top court said Parliament must decide whether to extend marriage rights to same-sex couples.

The Supreme Court recognized the court cannot make laws, but can only interpret them. 

Chandrachud at the beginning of the ruling said the doctrine of separation of powers means that each of the three branches of the state performs a distinct function and therefore no other branch can function any other’s function. Chandrachud mentioned Section 4 of the Special Marriage Act is unconstitutional because it is not sufficiently inclusive. The Supreme Court said either the Special Marriage Act needs to be struck down or read down. 

The Supreme Court recognized that if the Special Marriage Act is struck down, it will take the country to the pre-independence era.

“If the court takes the second approach and reads words into the Special Marriage Act, it will be taking up the role of the legislature,” said Chandrachud. “The court is not equipped to undertake such an exercise of reading meaning into the statute.”

The Special Marriage Act of 1954 is a law with provisions for civil unions for Indians and Indian nationals who live abroad, regardless of religion or faith followed by either party. The Special Marriage Act allows people of two different religions to marry.

Section 4 has some provisions: Neither of the parties should have a living spouse, both parties should be capable of giving consent and should be mentally competent at the time of marriage and the parties shall not be within the prohibited degree of relations under their law. The male party must be at least 21-years-old and the female party must be at least 18-years-old.

Chandrachud noted the court must be careful not to enter into the legislative domain. Chandrachud said Parliament must decide whether a change to the Special Marriage Act is needed.

“The right to enter into a union includes the right to choose one’s partner and the right to recognition of that union,” said Chandrachud. “A failure to recognize such associations will result in discrimination against queer couples.”

Chandrachud said that for the full enjoyment of such relationships, such unions need recognition and there cannot be denial of basic goods and services. The state can indirectly infringe upon freedom if it does not recognize the same. 

Chandrachud also noted a person’s gender is not the same as their sexuality. He said the law recognizes a transgender person’s marriage if their partner is heterosexual. Chandrachud said a union between a trans man and a trans woman, or vice versa, can be registered under the Special Marriage Act because a trans person can be in a heterosexual relationship.

The Supreme Court recognized queer persons cannot be discriminated against. The court said that the material benefits and services flowing to heterosexual couples and denied to queer couples violate their fundamental rights. 

On adoption issues, Chandrachud said the Central Adoption Resource Authority has exceeded its authority in barring unmarried couples.

CARA oversees the adoption of children in India. It functions under the Women and Child Development and it is authorized to regulate and monitor inter-country and in-country adoptions.

Chandrachud said the difference between married couples and unmarried couples has no reasonable nexus with CARA’s objective to ensure the best interests of the child. The court said it cannot be assumed that unmarried couples are not serious about their relationship.

The Supreme Court refused to strike down the Foreign Marriage Act of 1969, which deals with the recognition of marriage of Indian citizens outside the country. 

Chandrachud and Justice Sanjay Kishan Kaul said queer couples have a fundamental right to seek legal recognition of their union. The other three judges, Justices Shripathi Ravindra Bhat, Hima Kohli and Pamidighantam Sri Narasimha, held queer couples cannot claim a right to recognition of their union in the absence of a statutory enactment.

While giving direction to the central; state and Union Territory governments, Chandrachud said that queer community should not be discriminated against. He also noted the government should ensure there is no discrimination in access to goods and services, sensitize the public about queer rights, create a hotline for the queer community, create safe houses for queer couples and ensure intersex children are not forced to undergo operations.

Chandrachud also directed police to not harass queer people by summoning them to police station solely to enquire about their sexual identity, not forcing queer persons to return to their birth family. Chandrachud said authorities should conduct a preliminary inquiry before registering a First Information Report, or FIR, against a queer couple over their relationship.

“Truly disappointed by today’s verdict. We are exactly where we started,” said Harish Iyer, a prominent LGBTQ activist in India and one of the plaintiffs in the marriage equality case. “It’s just one topsy turvy ride with no significance.”

Anjali Gopalan, another plaintiff,, told the Asian News Agency she has been fighting for a long time and will keep doing so. 

“Regarding adoption also nothing was done, what the chief justice of India said was very good regarding adoption but it’s disappointing that other justices did not agree,” said Anjali Gopalan. “This is democracy, but we are denying basic rights to our own citizens.”

Karuna Nundy, one of the lawyers in the marriage equality case, told the Asian News Agency there were some opportunities today that she believes have been pushed off to the legislators, and the central government has made their stand clear with regards to marriage.

“We hope that their committee will ensure that civil unions are recognized, and concomitants of marriage are then brought into law, at least with regards to civil unions,” said Nundy. “I will also say that Congress and other governments in power in the states have many opportunities to bring into law the recognition of a partner’s rights to make medical decisions because they can legislate on health, they can look at employment nondiscrimination, there is a lot that can be done. If we heard anything that was unanimous it was that queer citizens have rights. Rights of queer citizens must be protected and state governments can protect them”

The Supreme Court Bar Association President Adish Aggarwala reacted to the verdict and welcomed the marriage equality ruling. 

“I am happy that the Supreme Court of India has accepted the version of the government of India in which it was argued that the court has no power to give this right of same-sex marriage. It is the only right of the Indian parliament,” Aggarwala told the Asian News Agency. “Today it has been accepted by the honorable Supreme Court.” 

“We are happy that the Supreme Court has held that this power cannot be given to the same sex for having a marriage because India is an ancient country,” added Aggarwala. “India has its own values in society. so, by not providingĀ this right, we hail the judgment of the Supreme Court on this aspect.”

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 atĀ [email protected]. He is on Twitter at @mohitkopinion.Ā 

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LGBTQ poets included in Indiaā€™s premier literary festival

Sahitya Akademi seen as mirror of governmentā€™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)

Indiaā€™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 governmentā€™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 Asiaā€™s grandest literary gathering, the Sahitya Akademi took place over six days under the ā€œIndian Literary Traditionsā€ theme.

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

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

ā€œIt was enriching to listen to the profound thoughts of LGBT writers from various parts of the country in their speeches,ā€ said Subramaniam. ā€œThe 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.ā€

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.

ā€œIt 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,ā€ 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 countryā€™s first exclusive gathering of trans writers, a landmark nod to queer voices in Indian literature. 

Hoshang Dinshaw Merchant, Indiaā€™s pioneering openly gay poet and a leading voice in the nationā€™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 sessionā€™s chair for welcoming the community, a gesture that underscored the eventā€™s third day embrace of diverse voices.

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

The Sahitya Akademiā€™s inclusion of LGBTQ writers in its main program this year jars with the Bharatiya Janata Party-led governmentā€™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 Akademiā€™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 translatorsā€™ meeting on March 10, spotlighting P. Vimalaā€™s 2024 award-winning Tamil translation of Nalini Jameelaā€™s ā€œAutobiography of a Sex Worker,ā€ 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 ā‚¹47 crore ($5.63 million) in 2024. In Tamil Nadu state, however, Dravida Munnetra Kazhagamā€™s Chief Minister Muthuvel Karunanidhi Stalin, has long opposed such cross-linguistic efforts, fearing dilution of Tamil identity amid decades of anti-Hindi sentiment ā€” a tension the Sahitya Akademiā€™s inclusive showcase sought to bypass.

ā€˜The Akademi is very inclusive and has a friendly festival ambience,ā€ Subramaniam told the Washington Blade.

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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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