Explained : India’s Parliament adds an LGBTQ+ voice for the first time and Its Impact

The election of Menaka Guruswamy as an MP last week marks a significant moment for LGBTQ+ visibility in India’s political life, with the openly queer lawyer now entering the country’s upper house of parliament, the Rajya Sabha.

Guruswamy is a constitutional lawyer educated at the University of Oxford, Harvard Law School and the National Law School of India University. She has long been a well-known public voice on constitutional law, democracy and civil liberties.

The 51-year-old was fielded by the Trinamool Congress (TMC), a party that has consistently emphasized women’s political representation.

“With her election, five of the TMC’s 13 Rajya Sabha MPs are women,” a senior TMC functionary told DW. 

The official noted that Guruswamy’s election is part of the party’s “broader strategy of sending public intellectuals and constitutional voices to the upper house to sharpen opposition arguments at the national level.”

Malavika Rajkotia, an Indian author and prominent lawyer focusing on family law, said that Guruswamy’s election sends two signals. 

“The LGBTQ angle is one but the other is bigger,” Rajkotia told DW, noting that the TMC “represents woman power and they are fearless, intelligent and inspirational.”

“They stand against toxic crude masculinity that defines present day politics,” Rajkotia added.

Guruswamy said the Constitution’s values of “equality, fraternity and non-discrimination” had guided her life and work and that she hoped to carry those ideals into parliament while representing the people of India’s West Bengal state.

A first at the national level

India has had openly queer politicians in legislatures in the past. Shabnam Mausi became the first openly transgender person elected to public office when she won a seat in the Madhya Pradesh state legislative assembly from Sohagpur in 1998. 

Others followed at state and local levels in Chhattisgarh and Delhi — considered to be vital breakthroughs, though still limited to regional bodies amid persistent social stigma.

But few were able to build long political careers. And no openly queer person has ever sat in any Indian parliament at any level.

Guruswamy has now broken that barrier, but she is no newcomer to political battles. 

Guruswamy and her partner, lawyer Arundhati Katju, are renowned for being part of the landmark legal battle that convinced the Supreme Court in 2018 to strike down a 158-year-old colonial law criminalizing consensual same-sex sexual relations, a transformative win for LGBTQ+ rights.

Vishwa Schoolwallah, an LGBTQ+ rights activist, said that Guruswamy’s election is symbolic.

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 told DW.

Schoolwallah noted that many people hope that Guruswamy’s election “also leads to meaningful progress, stronger protections against discrimination, safer and more inclusive institutions, and greater dignity for LGBTQ families.”

“An openly queer MP in parliament has the potential to broaden public debate, normalize conversations around LGBTQ rights and gradually reshape political attitudes,” Preeti Sharma, another activist, told DW.

Sharif Rangnekar, a gay rights activist, welcomed the election of Guruswamy as a moment that brings greater visibility.

But he cautioned against assuming that she can automatically speak for an entire community that spans diverse identities, regions, and social realities.

“She was ultimately chosen by the TMC to represent the party’s political interests,” Rangnekar told DW. “The bigger question is whether she becomes a flag bearer for the community.”

He emphasized that activists will be watching closely to see how her role in parliament evolves and whether it translates into meaningful representation.

Unfinished battle on LGBTQ rights

The question of marriage equality remains one of the most prominent unresolved issues.

In 2023, India’s Supreme Court unanimously declined to legalize same-sex marriage, passing the responsibility back to Parliament.

That decision has left a significant gap between the growing visibility of LGBTQ+ Indians and the country’s legal framework.

While the court acknowledged the rights and dignity of queer citizens, it stopped short of granting marriage rights, leaving activists to turn increasingly toward the political process.

Schoolwallah and their partner, who have both advocated for legal recognition of their marriage, hope it will come soon.

“We hope future generations can aspire not just to be accepted, but to lead and shape the country’s future,” he said.

Openly LGBTQ+ representation in politics has grown significantly in many parts of the world.

In the UK’s 2024 general election, a record 75 openly LGBTQ+ MPs were elected to parliament, while several countries in Western Europe have openly gay national leaders.

In South Asia, however, representation has been far more limited.

Nepal elected Asia’s first openly gay federal lawmaker in 2008, but elsewhere in the region — including Pakistan, Bangladesh, and Sri Lanka — openly gay or lesbian legislators remain absent.

Keshav Suri, a prominent hotelier and LGBTQ+ activist, said Guruswamy carries the hopes, aspirations, fears and emotions of a community that has long sought visibility and justice.

“Her election offers hope that the next phase of progress may move toward legislative reform, building on the constitutional foundations laid by the courts,” Suri told DW. 

Edited by: Keith Walker