The election of Menaka Guruswamy to the Rajya Sabha last week marks a milestone for LGBTQ+ visibility in India’s national politics. An openly queer constitutional lawyer, Guruswamy has joined the upper house after a long public career focused on constitutional law, democracy and civil liberties.
Guruswamy, 51, studied at the University of Oxford, Harvard Law School and the National Law School of India University. She was nominated by the Trinamool Congress (TMC), a party noted for promoting women’s political representation. A senior TMC official said that with her election, five of the party’s 13 Rajya Sabha MPs are women, and that the party aims to send public intellectuals and constitutional voices to the upper house to sharpen opposition arguments nationally.
Malavika Rajkotia, an author and family lawyer, said Guruswamy’s election carries two messages: it highlights LGBTQ visibility, and it underscores the TMC’s emphasis on “woman power,” opposing what Rajkotia called the “toxic crude masculinity” of current politics. Guruswamy has said she will bring the Constitution’s values of equality, fraternity and non-discrimination to her parliamentary work while representing West Bengal.
A first at the national level
India has seen openly queer politicians at state and local levels. Shabnam Mausi became the first openly transgender elected official in 1998 to a Madhya Pradesh state assembly seat. Others have won regional posts in states such as Chhattisgarh and Delhi, marking important, if limited, breakthroughs given persistent social stigma.
However, no openly queer person had previously served in any Indian parliament at any level. Guruswamy has broken that barrier. She and her partner, Arundhati Katju, are prominent for their role in the 2018 Supreme Court case that struck down a colonial-era law criminalizing consensual same-sex relations, a turning point for LGBTQ+ rights in India.
Vishwa Schoolwallah, an LGBTQ+ rights activist, described Guruswamy’s election as symbolic and potentially consequential.
What Guruswamy’s election could mean
“For decades, LGBTQ people in India have often been spoken about in debates on rights and dignity, but rarely represented in the spaces where those decisions are made,” Schoolwallah said, adding hopes that her presence will lead to stronger protections against discrimination, safer institutions, and greater dignity for LGBTQ families.
Activists believe an openly queer MP can broaden public debate, normalize discussions about LGBTQ rights and gradually reshape political attitudes, said Preeti Sharma. Sharif Rangnekar, another gay rights activist, welcomed the visibility but warned that Guruswamy was chosen by the TMC to represent party interests and may not automatically speak for the entire diverse community. Activists will watch whether her role translates into meaningful representation for varied identities and regions.
Unfinished battle on LGBTQ rights
Key legal issues remain unresolved—most notably marriage equality. In 2023, India’s Supreme Court declined to legalize same-sex marriage, directing the matter to Parliament. That decision left a gap between growing LGBTQ visibility and the legal framework protecting rights. While the court affirmed the dignity of queer citizens, activists must now press for change through the political process.
Schoolwallah and their partner, who have sought legal recognition of their marriage, said they hope future generations will not only be accepted but also able to lead and shape the country’s future. Openly LGBTQ representation has increased globally—Britain elected a record 75 openly LGBTQ MPs in 2024 and several Western European countries have had openly gay national leaders—yet South Asia lags behind. Nepal elected Asia’s first openly gay federal lawmaker in 2008, but many regional parliaments still lack openly gay or lesbian legislators.
Keshav Suri, a hotelier and LGBTQ+ activist, said Guruswamy carries the hopes and aspirations of a community long seeking visibility and justice, and her election could push legislative reform forward, building on the constitutional groundwork laid by the courts.
Edited by: Keith Walker