The Indian LGBTQ community has long grappled with systemic neglect and societal prejudices, but significant victories like the striking down of Section 377 in 2018 and progressive Supreme Court verdicts have sparked hope. The fight for equality nevertheless remains arduous.

Amid this struggle, Harish Iyer has stood out as a beacon of courage, leading the movement with unwavering commitment and inspiring others to unapologetically embrace their identities.

Iyer, with a slight smile, noted to the Washington Blade during a recent interview that he was born into privilege. As the first male child in a patriarchal society, he explained this status came with inherent advantages.

Despite being born into privilege, Iyer’s early life was marked by profound challenges.

At just 7-years-old, he endured and survived a traumatic experience of rape, an event that deeply impacted his childhood. Iyer said he was gang raped at 11, four years after a relative sexually assaulted him. Iyer told the Blade these assaults impacted his confidence.

“Children go through sexual assault but they do not understand what is happening with them,” said Iyer. “Because they are children, they do not know its language. We do not call a penis a penis, we do not call a vagina, a vagina. I am 45 years of age, and I am talking about 1987 or 1988. People had very little understanding. When you do not have language to say what it is, you don’t say about it.”

Iyer said it is easier for girls to talk about sexual assault compared to boys, and as a result it was harder for him to speak out. He also struggled living in two worlds: One of morals and fairy tales, and another filled with hardships that he tried to mask.

“I opened up about my abuse at 18, after 11 years of continuous trauma,” said Iyer. “That was a different battle altogether. It was 1998-1999, a time with little awareness about child sexual abuse. When I told my parents, my mother understood that a child could be abused. My father, however, was not supportive and didn’t understand what was happening.”

Iyer shared how these events shaped his thoughts, values, and empathy for others facing similar challenges.

At 22, he began to understand his sexuality and came out to his parents as gay. At 40, he realized his gender could be fluid and has identified as gender-fluid since then.

Iyer shared his struggles in finding a job as an openly gay man in India’s conservative society. He now works at Axis Bank, one of India’s largest private banks. Iyer said joining the bank was a unique journey — he did not have any other job opportunities at the time.

“I applied for every job on LinkedIn,” said Iyer. “Axis Bank responded. I thought I’d be unhappy there, but I needed the money, so I applied. The process took a long time, but after several interviews, I was selected. During the interviews, I realized I could be myself. People saw me for who I truly am, and that worked wonders.”

“A week after joining, I started pushing boundaries,” he added. “The chief human resources officer called me to her office. After our conversation, she held me close and said, ‘You should not have to fit in — be who you are.’ Within six months, we created a charter with policies for the LGBTQ community. It’s called ‘Come As You Are.'”

Iyer told the Blade that Chief Human Resources Officer Rajkamal Vempati was upset with him.

She felt he was free to express himself at the company, but wasn’t doing so. Iyer said Axis Bank has a dress code policy for employees — one for men, one for women, and one for LGBTQ employees that allows them to choose the gender in which they want to present themselves.

He said he never expected to see such inclusion in a private sector bank in India before joining Axis Bank.

Iyer challenged sodomy law, continues to fight for marriage equality

On the third anniversary of the Supreme Court’s 2018 ruling that struck down Section 377, the provision of the country’s penal code that criminalized consensual same-sex sexual relations, Axis Bank in 2021 introduced policies and a charter for the LGBTQ community. Iyer, a long-time LGBTQ activist, continues to fight for equal rights.

He said Axis Bank became the first private bank in India to specifically welcome customers from the LGBTQ community.

“I was invited by the Social Justice Ministry for a consultation on LGBTQ+ rights,” noted Iyer. “During the discussion, it was proposed that all banks in India should open their doors to the LGBTQ+ community.”

Iyer was one of those who challenging Section 377.

The Supreme Court struck down the colonial-era law on Sept. 6, 2018. Iyer was also a plaintiff in Supriyo v. Union of India, which sought legal recognition of same-sex marriages in India. The Supreme court heard this case in 2023.

“Culture is an evolving phenomenon,” said Iyer. “It is not static. As culture evolves, we as people need to evolve. I would like to believe that my organization is always evolving and we will get better.”

Iyer told the Blade he doesn’t have a specific game plan for the future. As one of Axis Bank’s prominent figures, however, he feels LGBTQ people are equal citizens in India.

Nineteen of India’s 28 states and eight union territories lack a functional Transgender Welfare Board, despite legal mandates.

Most of the boards that have been established in 17 regions operate without policies, compliance framework, or any substantial authority. This lack of oversight, combined with an absence of policies, has left transgender Indians without access to critical services.

India’s 2011 Census says there are 487,803 trans people in the country, yet only 5.6 percent have managed to apply for a trans identity card. These identity cards, essential for accessing government programs designed specifically for trans people, remain challenging to obtain, hindering access to crucial welfare programs.

Under the Transgender Persons (Protection of Rights) Act 2019 and its 2020 rules, 17 states and union territories, including Assam, Bihar, Chandigarh, Chhattisgarh, Gujarat, Jammu and Kashmir, Kerala, Maharashtra, Manipur, Meghalaya, Mizoram, Rajasthan, Tamil Nadu, Telangana, Tripura, Uttar Pradesh, and West Bengal, have notified the establishment of a Transgender Welfare Board. Rule 10(1) of the law, however, mandates all state and union governments must constitute a board to safeguard trans rights, promote their interests, and facilitate access to government welfare schemes.

Reports reveal most Indian states with a notified Transgender Welfare Board have held fewer than one meeting per year since their inception, raising concerns about the effectiveness of these boards. States such as Gujarat, Jammu and Kashmir, Chhattisgarh, Manipur, and Tripura have yet to disclose any updates on their boards’ activities. Notably, Gujarat’s Transgender Welfare Board, established in collaboration with UNAIDS in 2019, reportedly did not hold a single meeting until Oct. 14, according to board members. 

Only a few states and union territories saw any regular activity from their Transgender Welfare Boards in 2023; with Tamil Nadu, Kerala, Chandigarh, and Maharashtra holding just four meetings each. Other states have held fewer meetings or none at all since the board’s formation.

In states like Mizoram, the Transgender Welfare Board has not held meeting since its creation. 

In Manipur, the board has been virtually defunct since its establishment in 2017. Although the state’s reappointed the 17-member board last year, it included only minimal trans representation, with one trans woman and one trans man appointed.

The Punjab and Haryana High Court in 2022 criticized the Chandigarh Transgender Welfare Board for its insufficient activity, describing it as a mere “cosmetic feature” in a Public Interest Litigation filed by Yashika, a trans student. The court observed that the board had failed to meet regularly, hindering its ability to fulfill its duties and effectively support the trans community. 

“Although the petitioner had submitted complaints in this regard to the Union Territory Administration, no relief was granted and, thus, it is essential to ensure that bodies such as the Transgender Welfare Board acquire teeth and do not remain cosmetic features,” said the High Court. “Meetings should be held more frequently so that issues likely to arise in the future can be anticipated.”

An Amicus Curiae the Kerala High Court appointed in 2021 reported the Kerala State Transgender Justice Board had not held a single meeting that year.

Since its creation under the Social Justice and Empowerment Ministry, the National Council for Transgender Persons has held only two meetings in the past four years. Reports also suggest that budget allocations for state Transgender Welfare Boards often vary based on the ruling political party.

Maharashtra in 2020 allocated approximately $602,410 to its welfare board, but no further budget was earmarked for the board after the government changed. 

Souvik Saha, founder of Jamshedpur Queer Circle, an LGBTQ organization that conducts sensitization workshops with law enforcement and local communities, criticized the frequent inaction of Transgender Welfare Boards. 

“As an LGBTQ rights activist and head of Jamshedpur Queer Circle, I find it deeply disheartening yet unsurprising that only 5.6 percent of transgender people in India possess a transgender ID card. This figure underscores the systemic barriers faced by the transgender community when accessing their rights,” said Saha. “The example of Gujarat’s Transgender Welfare Board, which despite its collaboration with UNAIDS was dormant for nearly four years, illustrates how bureaucratic inefficiency and lack of political will stymie progress. Similarly, Mizoram’s board has yet to hold a single meeting, reflecting the widespread neglect of transgender issues.”

Souvik further said the situation in Jharkhand mirrors these national trends.

The state’s Transgender Welfare Board, though established, has faced challenges in regular functioning and proactive policy implementation. Reports from local community members highlight that meetings are infrequent and the board’s activities lack sufficient outreach. Trans people in Jharkhand, as a consequence, face barriers in securing IDs and accessing welfare schemes, contributing to a continued cycle of marginalization.

Saha told the Washington Blade that inaction within Transgender Welfare Boards stems from a lack of political will, bureaucratic hurdles, social stigma, marginalization, and inadequate representation. His organization has encountered numerous stories reflecting these challenges, with community members expressing frustration over the stagnant state of welfare boards and the difficult process of obtaining official recognition. Saha emphasized that these systemic barriers leave many in the transgender community struggling to access the support and resources they are entitled to.

“For any meaningful change, it is essential that welfare boards function effectively, with regular meetings, transparent procedures, and active community involvement,” said Saha. “The government must take urgent steps to address these issues, enforce accountability, and collaborate with local LGBTQ organizations to bridge the gaps between policy and practice.”

Meera Parida, a trans activist from Odisha, told the Blade that while the previous state government implemented numerous welfare initiatives for trans individuals, it fell short of establishing a dedicated Transgender Welfare Board.

“Back then it was Biju Janata Dal party leading the state and now it is Bharatiya Janata Party (BJP) still there is no Transgender Welfare Board in the state,” said Parida. “After the Supreme Court’s judgement, it was our thought that some radical change is coming, nothing short of that happened. Most of the governments have no interest in it and that is why this is not happening.”

Parida told the Blade it was also her failure as she was associated with the previous government and in the party, but she was not able to convince her political party to establish a welfare board for trans people. 

The Blade reached out to UNAIDS for reaction, but the organization has yet to response.

Vice President Kamala Harris’s loss in the U.S. presidential election has elicited mixed reactions among LGBTQ activists in India.

A notable portion of Indians expressed support for now President-elect Donald Trump over Harris, even though her maternal lineage traces back to India. Her mother, Shyamala Gopalan, was born into a Brahmin family in Chennai in 1938, and her grandfather, PV Gopalan, hailed from the village of Thulasendrapuram in Tamil Nadu.

Harris’s loss prompted mixed reactions within the LGBTQ community.

While some individuals expressed disappointment, others backed Trump.

The Washington Blade in August reported that Harris’s grandfather moved to New Delhi to serve as a civil servant in British-ruled India. This move eventually facilitated Gopalan’s journey to the U.S., where she pursued biomedical science at the University of California, Berkeley a step that played a foundational role in shaping Harris’s future political aspirations.

The Washington Blade since Election Day has spoken with several LGBTQ activists and influencers in India.

Harish Iyer, a plaintiff in one of India’s marriage equality cases, in response to Trump’s election said the “path for queer liberation has never been straight.”

“The presidential election was filled with rhetoric from the Republican side against transgender persons,” said Iyer. “There has been a complete denial of the existence of transgender people and also widespread ignominy and ostracism. This, adding to the overturn of Roe vs. Wade, has aggravated tensions for everyone from gender variant persons to birthing parents of all genders.”

He further noted there is a strong change of more transphobic legislation and rhetoric in the U.S. with Trump in the White House, Republicans in control of the U.S. Senate and the U.S. House of Representatives, and a conservative majority on the U.S. Supreme Court.

“In a largely connected world, where many Indians and India-born people are in America, the effect of this will be palpable in India too,” said Iyer.

Indrani Chakraborty is a prominent social activist and advocate for transgender rights, particularly in northeast India. She has been outspoken about the challenges faced by her trans daughter.

Chakraborty said the effects will be felt around the world if Trump continues his transphobic rhetoric and the U.S. government does not support the LGBTQ community. Anwesh Kumar Sahoo, an Indian artist, writer, model, and the youngest winner of Mr. Gay World 2016, told the Blade that Trump’s policies are a setback in the ongoing fight for LGBTQ rights and visibility.

“It’s a strong reminder of how interconnected our struggles are globally,” said Sahoo. “It highlights the importance of standing up for equality everywhere.”

Abhijit Iyer Mitra, an LGBTQ activist and senior fellow at the Institute of Peace and Conflict Studies, in response to Harris’s loss said her Indian roots “really do not matter.”

“America expects assimilation and not just integration,” said Mitra. “She has no real connect to India in any sense or knowledge of India in any sense. So, being from here absolutely means nothing. She is American through and through, she has demonstrated no knowledge of India, no nothing, so it is what it is.”

“I am not really worried, certainly not from an Indian point of view because her particular political supporters are all viciously anti-India, but not Biden,” added Mitra. “Biden is pro-India. But Kamala, especially her supporters, belongs to the same woke circuit which would be… ‘Oh India … genocide happening’ etc. So just being Indian means nothing.”

While responding to the Trump campaign’s rhetoric on trans issues, Mitra said “the issue is not the transgender community, but the forcing of gender ideology on everyone, where you put kids on puberty blockers and have irreversible surgery done, and kids taken away from their parents.”

“I thought I was a girl when I was a kid,” said Mitra. “When I grew up, I realized that I was a man. I am very comfortable being who I am and thank God none of this happened. Had this happened now, I would have been taken away from my parents, asked to undergo surgery, and would not have been able to lead the life I am leading.”

“What is being propagated as this ‘trans ideology’ or ‘gender ideology’ is essentially homophobia, where you are told a man cannot be attracted to a man. A woman cannot be attracted to a woman. They are instead pushed to undergo irreversible sex changes and become something else,” added Mitra. “This is exactly what Iran does — they punish homosexuality with death, but if you have a sex change, it is considered acceptable.”

“There is nothing pro-LGBTQ about the Democrats — far from it. It is an LGBTQ genocide. It is erasing the viability of the LGBTQ community. It is a huge disservice to gender dysmorphic individuals, who are the ones who might genuinely need surgery. But why do they need surgery? It is because they are shunned by society and forced to undergo something that no one should have to endure,” said Mitra. “They need to be accepted and loved for who they are, not turned into something society demands them to be.”

Sarah McBride, a Democrat from Delaware, on Election Day became the first openly trans person elected to Congress. Biden, former President Barack Obama, California Gov. Gavin Newsom, and Illinois Gov. JB Pritzker are among those who specifically mentioned marriage equality and other LGBTQ rights during the 2024 Democratic National Convention in Chicago.

“Kamala’s defeat is a huge setback for our friends from the LGBTQ community in the U.S.,” Kalki Subramaniam, an activist, queer artist, and actor who is a member of India’s National Transgender Council, told the Blade.

“As a Tamil woman from Kamala’s mother’s state, I am disappointed that Kamala was not elected,” added Subramaniam. “As Kamala said, never give up and burn bright. For all my LGBTQ families around the world, let us support more leaders like Kamala Harris and strengthen them. Let us step forward and take leadership to win back all our rights.”