India
Indian Supreme Court continues to review marriage equality ruling
Fight for full LGBTQ rights in country continues

On July 10, as Indiaās Supreme Court was engrossed in a pivotal review petition concerning marriage equality, an unexpected twist unfolded.
Justice Sanjiv Khanna, the courtās most senior judge, made the surprising decision to recuse himself from considering the pleas. This unforeseen development added a dramatic layer to a historic and closely watched judicial review.
The pleas seek a review of the Supreme Court’s ruling from last year that declined to legally recognize same-sex marriage. Reports indicate Khanna cited personal reasons for his recusal, adding a layer of intrigue to the already high-stakes proceeding.
In the wake of Khanna’s unexpected recusal, the Supreme Court is set to undergo a significant shift.
According to the courtās procedural rules, Chief Justice Dhananjaya Yeshwant Chandrachud will reconstitute a new 5-judge constitution bench. This pivotal move marks a crucial step in the ongoing legal saga, ensuring the review of the marriage equality case continues with a fresh panel at the helm.
The Supreme Court, led by Chandrachud, on July 9 made a crucial decision regarding the review petition. It declined to grant an open court hearing, stating the constitutional bench review would be conducted in chambers rather than in open court.
The Supreme Court’s clarification came after petitioners, challenging last Octoberās marriage equality ruling, fervently urged the top court for an open court hearing. Their plea sought transparency and public scrutiny, hoping to bring the issue back into the spotlight.
The court in its October 2023 ruling said the power to extend marriage rights to same-sex couples lies with parliament, not the judiciary, underscoring the need for legislative action to address this crucial issue.
Although the top court refused to grant marriage rights to the queer community in India, it did recognize their right to live free from discrimination. The court affirmed queer people should have the same access to goods and services as their heterosexual counterparts, ensuring protection against bias and unequal treatment in everyday life. This decision, while falling short of full marriage rights, marked a crucial step forward in the fight for equality and dignity for the LGBTQ community in India.
The Supreme Court last year in a landmark ruling said transgender people in heterosexual relationships have the right to marry under the existing legal provisions.
Neeraj Kishan Kaul brought the review petition before the Supreme Court, requesting an open hearing on the case seeking legal recognition of same-sex marriages.
The petition specifically addressed the inclusion of same-sex marriages under the Special Marriage Act (SMA) of 1954, the Foreign Marriage Act of 1969, and the Citizenship Act of 1955, as well as under common law and other existing statutes. This plea highlighted the broad legal framework that could accommodate same-sex marriages, urging the court to reconsider its stance in a transparent and public forum.
The Supreme Court last October also declined to grant adoption rights to the LGBTQ community. The court upheld Regulation 5(3) of the Indian CARA Regulations, asserting that this provision could not be declared void.
According to CARA Regulations, specifically Regulation 5(3), “No child shall be given in adoption to a couple unless they have at least two years of a stable marital relationship, except in cases of relative or step-parent adoption.” This regulation underscores the stringent criteria set for adoption, emphasizing the importance of a stable and legally recognized marriage, thereby excluding LGBTQ couples from adopting children under the current legal framework.
The regulation outlines the eligibility criteria for prospective adoptive parents. According to Regulation 2(b) and (c), a single female can adopt a child of any gender, whereas a single male is not eligible to adopt a girl child.
Although the 2023 judgment did not favor the LGBTQ community regarding marriage equality, the Supreme Court made a significant acknowledgment. It recognized being a member of the LGBTQ community is a natural phenomenon and not an “urban or elite” phenomenon, as previously suggested by the government.
Marriage equality in Thailand gives Indian activists hope; challenges remain
Negha Shahin, who in 2022 became the first trans actress to win a Kerala State Film Awards, told the Washington Blade that LGBTQ Indians continue to face systemic discrimination and legal challenges, particularly in the fight for marriage equality.
“We live in 2024 when humanity has made remarkable advancements in science and technology. We understand the complex theories behind black holes and have successfully sent rockets into space. Yet, it is deeply disappointing that we still fail to recognize and uphold the basic rights of the queer community,” said Shahin. “For years, activists and allies have been advocating for the recognition of same-sex marriages, striving for a society where love and commitment are acknowledged and respected regardless of gender or sexual orientation.”
She said the Supreme Court’s denial of marriage rights for same-sex couples is a major setback. Shahin added it underscores the gap between technological advancements and social progress.
“Denying this right to same-sex couples not only perpetuates inequality but also inflicts emotional and social harm on a significant segment of our population,” said Shahin. “We must increase the chances of achieving marriage equality by pushing for legislative changes.”
“Our lawmakers have a responsibility to create laws that reflect the values of equality and justice for all citizens,” she added. “Without ensuring the basic rights of gender and sexual minorities, we cannot truly claim that India is progressing. It is time for India to bridge this gap and ensure that the rights of the LGBTQIA community are fully recognized and protected. Only then can we truly say that we are growing as nation.”
Shahin discussed the recent passage of a marriage equality law in Thailand, which shares a maritime border with India. (Same-sex couples can also legally marry in Nepal, which borders India.)
She noted Thailand is a monarchy, whereas India is a democracy. Shahin told the Blade that one may have expected India to extend marriage rights to same-sex couples first, given the country’s democratic values and its emphasis on equality.
“Seeing a neighboring country like Thailand legalize same-sex marriage may create pressure on Indian lawmakers to address the issue more seriously,” she said. “It highlights the disparity in rights between countries and could push Indian politicians to consider similar legalization to avoid falling behind in terms of human rights.”
Souvik Saha, founder of People for Change, one of Indiaās premier LGBTQ rights groups, told the Blade that as an activist who works for LGBTQ rights in Jharkhand state, he sees recent developments regarding the Supreme Court’s review petition on same-sex marriage as a significant step forward.
“The recusal of a judge and the constitution of a new bench indicate a reevaluation of existing legal perspectives, potentially paving the way for progress towards marriage equality in India,” said Saha. “The global trend towards marriage equality, such as Thailand’s recent move, can certainly influence India’s judicial decisions and societal perceptions.”
“Thailand’s legalization of same-sex marriage in 2024 reflects a growing global acceptance and recognition of LGBT rights. This shift is noteworthy because it demonstrates that cultural attitudes and legal frameworks are evolving to embrace equality and human rights,” he added.

The Supreme Court in 2018 decriminalized consensual same-sex sexual relations in India.
Saha said there has been increasing momentum towards broader inclusion and equality since that landmark ruling. The U.N. Development Program’s 2020 report on LGBTQ rights in India he notes indicates this progress has been uneven.
The UNDP notes legal recognition and protection against discrimination are crucial steps towards achieving full equality. The involvement of civil society organizations and advocacy groups, such as those in Jharkhand, plays a crucial role in pushing for inclusive policies and legal reforms.
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 [email protected]. 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.”
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