India
Indian Supreme Court rejects marriage equality ruling appeals
Judges ruled against full same-sex relationship recognition in 2023

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.”
India
LGBTQ Kashmiri students targeted after terrorist attack
26 people killed in Baisaran Valley on April 22

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.
India
Opposition from religious groups prompts Indian Pride group to cancel annual parade
Event was to have taken place in Amritsar on April 27

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.
India
LGBTQ poets included in India’s premier literary festival
Sahitya Akademi seen as mirror of government’s cultural agenda

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.

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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