Connect with us

India

Indian Supreme Court rules against marriage equality

Oral arguments in case took place earlier this year

Published

on

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

Advertisement
FUND LGBTQ JOURNALISM
SIGN UP FOR E-BLAST

India

LGBTQ Kashmiri students targeted after terrorist attack

26 people killed in Baisaran Valley on April 22

Published

on

Baisaran Valley in Kashmir (Photo by SB Stock/Bigstock)

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.

Continue Reading

India

Opposition from religious groups prompts Indian Pride group to cancel annual parade

Event was to have taken place in Amritsar on April 27

Published

on

(Washington Blade photo by Ernesto Valle)

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. 

Continue Reading

India

LGBTQ poets included in India’s premier literary festival

Sahitya Akademi seen as mirror of government’s cultural agenda

Published

on

LGBTQ poets participated in India's Sahitya Akademi for the first time this month. (Photo courtesy of Kalki Subramaniam)

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. 

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 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.

Continue Reading

Popular