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Menaka Guruswamy makes history as India’s first openly queer MP

April 06, 2026 5 min read Polity & Governance Social Issues GS Paper 2
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What Happened

  • Senior advocate Dr. Menaka Guruswamy took oath as a Member of Parliament in the Rajya Sabha on April 6, 2026, becoming India's first openly queer Member of Parliament.
  • She was elected to the Rajya Sabha by the Trinamool Congress (TMC) from West Bengal in the March 2026 Rajya Sabha elections.
  • Guruswamy, 51, is a constitutional law expert educated at Harvard Law School and Oxford University.
  • She played a central role as one of the lead counsel in the 2018 Supreme Court case that partially struck down Section 377 of the Indian Penal Code, decriminalising same-sex relationships between consenting adults.
  • Her entry into Parliament is seen as a historic milestone for LGBTQ+ representation in Indian democratic institutions.

Static Topic Bridges

Section 377 of the Indian Penal Code (IPC), 1860 was a colonial-era provision that criminalised "carnal intercourse against the order of nature." For over 150 years, it was used to criminalise same-sex relationships. The landmark 2018 judgment by a five-judge Constitution Bench of the Supreme Court of India partially struck down the section.

  • Case: Navtej Singh Johar & Others v. Union of India (Writ Petition Civil No. 76 of 2016).
  • Decision date: September 6, 2018. Bench: Chief Justice Dipak Misra, Justices R.F. Nariman, A.M. Khanwilkar, D.Y. Chandrachud, and Indu Malhotra.
  • The court held that Section 377, as applied to consensual same-sex acts between adults, violated Articles 14 (equality), 15 (non-discrimination), 19(1)(a) (freedom of expression and identity), and 21 (right to life and dignity).
  • The judgment overruled the 2013 Suresh Kumar Koushal verdict, which had reversed the Delhi High Court's 2009 Naz Foundation ruling that had first read down Section 377.
  • Section 377 was NOT entirely struck down — provisions relating to non-consensual acts, sex with minors, and bestiality remain in force.
  • Menaka Guruswamy, along with colleague Arundhati Katju, argued on behalf of several petitioners, making emotional arguments about the human dignity of LGBTQ+ persons.

Connection to this news: Guruswamy's entry into Parliament as an openly queer MP represents the translation of the constitutional rights affirmed in the 2018 judgment into the political sphere — a shift from courtroom advocacy to legislative representation.

Rajya Sabha: Composition, Election, and Role of Nominated/Elected Members

The Rajya Sabha is the upper house of India's bicameral Parliament, representing the states and union territories. Unlike the Lok Sabha (directly elected), Rajya Sabha members are primarily elected by State Legislative Assemblies through single transferable vote using proportional representation.

  • Article 80 of the Constitution: Maximum strength of Rajya Sabha is 250 — 238 elected representatives from states/UTs and 12 nominated by the President for distinguished contributions in literature, science, art, or social service.
  • Members serve a six-year term; one-third of members retire every two years (staggered elections).
  • West Bengal elects Rajya Sabha members proportional to its assembly representation; as the TMC holds a large majority in the West Bengal assembly, it can elect its nominees to Rajya Sabha.
  • Rajya Sabha cannot be dissolved (unlike Lok Sabha); it is a permanent house.
  • Election method: Members of State Legislative Assemblies vote using proportional representation by means of single transferable vote (STV).

Connection to this news: Guruswamy was elected through TMC's overwhelming majority in the West Bengal assembly, allowing the party to nominate and secure the election of a candidate of national symbolic significance to the Rajya Sabha.

While the 2018 judgment decriminalised same-sex relationships, Indian law still does not recognise same-sex marriage, civil partnerships, adoption rights for same-sex couples, or inheritance rights for same-sex partners. The Supreme Court in Supriyo v. Union of India (2023) declined to grant constitutional recognition to same-sex marriage, holding that it was for Parliament — not the courts — to legislate on the matter.

  • Supriyo Chakraborty & Another v. Union of India (2023): Five-judge bench declined to recognise same-sex marriage under the Special Marriage Act or any other law. The majority held that there is no fundamental right to marriage in the Indian Constitution.
  • The court recommended the Centre form a committee to examine rights of same-sex couples (e.g., joint bank accounts, insurance nominations, hospital visitation rights) — a committee was constituted but has not yet produced binding recommendations.
  • Transgender Persons (Protection of Rights) Act, 2019 provides some protections but has been criticised by transgender rights groups for requiring official certification of gender identity and other provisions.
  • NALSA v. Union of India (2014): Supreme Court recognised transgender persons as a "third gender" and directed affirmative action for them.

Connection to this news: Guruswamy's presence in Parliament as an openly queer MP creates an unprecedented opportunity for direct LGBTQ+ advocacy within the legislature — potentially pushing Parliament to address the legal gaps that remain after the 2018 decriminalisation.

Key Facts & Data

  • Menaka Guruswamy: Born 1975; alumna of Harvard Law School and Oxford University; Senior Advocate, Supreme Court of India.
  • Elected to Rajya Sabha from West Bengal on the Trinamool Congress ticket, March 2026.
  • Navtej Singh Johar v. Union of India: Decided September 6, 2018; five-judge Constitution Bench; partial strike-down of Section 377 IPC.
  • Section 377 IPC (now Section 377 BNS) remains for non-consensual acts; decriminalisation covers only consensual same-sex acts between adults.
  • Supriyo v. Union of India (2023): Supreme Court declined to recognise same-sex marriage; referred matter to Parliament.
  • NALSA v. Union of India (2014): Recognised transgender persons as third gender — landmark precursor to 2018 Section 377 ruling.
  • Transgender Persons (Protection of Rights) Act, 2019: Legislative framework for transgender rights, passed by Parliament.