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 policy’s impact on the LGBTQ community.

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

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

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

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

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

The Indian Supreme Court on Jan. 9 rejected a series of petitions that challenged its 2023 ruling against marriage equality

A 5-judge bench — Justices Bhushan Ramkrishna Gavai, Surya Kant, Bengaluru Venkataramiah Nagarathna, Pamidighantam Sri Narasimha, and Dipankar Datta — said there were no errors in the ruling that justified a review.

A five-judge Supreme Court bench, led by Chief Justice Dhananjaya Yeshwant Chandrachud, on Oct. 17, 2023, in a 3-2 decision ruled against recognizing the constitutional validity of same-sex marriages in India.

The court emphasized it is parliament’s rule to decide whether to extend marriage rights to same-sex couples. It also acknowledged its function is limited to interpreting laws, not creating them.

The judges on Jan. 9 stated they had reviewed the original rulings.

“We do not find any error apparent on the face of the record,” they said. “We further find that the view expressed in both the judgments is in accordance with law and as such, no interference is warranted. Accordingly, the review petitions are dismissed.”

A new bench of judges formed on July 10, 2024, after Justice Sanjiv Khanna unexpectedly recused himself from hearing the appeals, citing personal reasons. The reconstituted bench included Narasimha, who was part of the original group of judges who delivered the ruling.

“The fact that we have lost is a comma and not a full stop for equality,” said Harish Iyer, a prominent LGBTQ rights activist in India and one of the plaintiffs of marriage equality case. “The admission of review petitions is a rarity, and while we will proceed with all legal recourses available this is not the only fight.”

Some of the plaintiffs in November 2023 appealed the Supreme Court’s original decision. Udit Sood and other lawyers who had represented them in the original marriage equality case filed the appeal.

The appeal argued the ruling contained “errors apparent on the face of the record,” and described the earlier ruling as “self-contradictory and manifestly unjust.” It criticized the court for acknowledging the plaintiffs face discrimination, but then dismissing their claims with “best wishes for the future,” contending this approach fails to fulfill the court’s constitutional obligations toward queer Indians and undermines the separation of powers envisioned in the constitution. The appeal also asserted the majority ruling warrants review because it summarily dismissed established legal precedents and made the “chilling declaration” that the constitution does not guarantee a fundamental right to marry, create a family, or form a civil union.

While speaking to the Washington Blade, Iyer said this setback is a reminder that our futures can be shaped by collaboration and numerous small victories along the way.

“We will have a multi-pronged approach,” he said. “We need to speak to parents groups, teachers, police personnel, doctors, and medical staff, news reporters, podcasters, grassroots activists, activists from allied movements, our local/state and national level elected representatives. We all need to do our bit in our circle of influence. These small waves will create a force that will help us propel toward marriage equality.”

Iyer told the Blade he is confident the community will achieve marriage equality within his lifetime, offering assurance to every queer individual.

“I just hope that I am not too old to find someone to marry with by then.”

As per the Supreme Court’s rules, a ruling is reviewed only if there is a mistake or error apparent on the face of the record, the discovery of new evidence, or any reason equivalent to these two. Justices typically consider appeals without oral arguments, circulating them among themselves in chambers. The same set of justices who issued the original ruling typically rules on the appeal. In this case, however, Justices Sanjay Kishan Kaul and S. Ravindra Bhat, and Chandrachud, who were part of the original bench, had retired.

Souvik Saha, founder of Jamshedpur Queer Circle, an LGBTQ organization that conducts sensitization workshops with law enforcement and local communities, described the Supreme Court’s refusal to hear the appeal as not just a legal setback, but a significant blow to the hopes of millions of LGBTQ people across India. He said the decision perpetuates a sense of exclusion, denying the community the constitutional promise of equality under Article 14 and the right to live with dignity under Article 21.

“This decision comes at a time when global momentum on marriage equality is growing,” said Saha, noting Taiwan and more than 30 other countries around the world have extended marriage rights to same-sex couples. “The lack of recognition in India, despite the 2018 Navtej Johar judgement — decriminalizing homosexuality, leaves the LGBTQ community in a vulnerable position.”

Saha further noted in Jharkhand, a state in eastern India where socio-cultural stigmas run deep, the Supreme Court’s refusal highlights the fight for equality is far from over.

He shared the Jamshedpur Queer Circle recently supported a young lesbian couple who were disowned by their families and faced threats when attempting to formalize their relationship. Saha stressed that without legal safeguards, such couples are left without recourse, underscoring the urgent need for marriage equality to ensure protection and recognition for LGBTQ people.

“While the decision delays progress, it cannot halt the movement for equality,” said Saha. “Marriage equality is inevitable in a country where nearly 60 percent of Indians aged 18-34 believe that same-sex couples should have the right to marry (Ipsos LGBT+ Pride Survey, 2021.) This ruling highlights the need to shift our advocacy strategy towards building a stronger case for social and political change.”

Saha proposed several calls to action and strategies for moving forward.

He emphasized to the Blade the need for mobilizing the community through state-level consultations and storytelling campaigns to humanize the issue of marriage equality. Saha also highlighted the importance of developing stronger petitions, supported by case studies, international precedents, and data to effectively address judicial concerns.

Saha suggested working with allies in civil society and corporate India to push for incremental changes. He advocated for engaging policymakers in dialogue to promote legislative reforms, emphasizing the economic benefits of inclusion. Saha also called for campaigns to counter misinformation and prejudice, while establishing counseling and support groups for LGBTQ people and their families that provide guidance and support.

“Legal recognition of marriage is not just about ceremony; it is about the basic rights, dignity, and respect that every individual deserves,” said Saha. “Together, through collective action, we will ensure that the arc of justice bends in our favor.”

Indrani Chakraborty, an LGBTQ activist and mother of Amulya Gautam, a transgender student from Guwahati in Assam state, described the Supreme Court’s appeal denial as an “insensitive approach.”

“Love and commitment are emotions that can never be under boundaries. Rejection of same-sex marriage is an oppressive approach towards the LGBTQI+ community,” said Chakraborty. “This is discrimination. Marriage provides social and legal security to the couple and that should be irrespective of gender. Same-sex relationships will be there as always even with or without any constitutional recognition. The fight should go on, as I believe, this validates the intention. The community needs to stand bold, and equality be achieved.”

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.