Menaka Guruswamy: A Trailblazer for LGBTQ+ Rights in India
Menaka Guruswamy's Historic Candidacy
Menaka Guruswamy, a prominent senior advocate, has been nominated by the Trinamool Congress for the upcoming Rajya Sabha elections. If she secures a seat, she will make history as the first openly queer member of parliament in India. Guruswamy is renowned for her pivotal role in the landmark decriminalization of Section 377 of the Indian Penal Code (IPC), which previously criminalized consensual same-sex relationships and non-procreative sexual acts, imposing severe penalties of up to life imprisonment.
In 2018, the Supreme Court of India ruled to decriminalize homosexuality, marking a significant victory for the LGBTQ+ rights movement in the country. During her arguments before a five-judge bench, she passionately stated, "How strongly must we love knowing we are unconvicted felons under Section 377? My Lords, this is love that must be constitutionally recognized, and not just sexual acts."
In an excerpt from RISING: 30 Women Who Changed India, Guruswamy reflected on the challenges faced during the fight against Section 377. "It has been a 20-year battle. We got involved a little after 2010, when appeals were filed against the judgment of the Delhi High Court. While it has been a long battle, what were the choices? I am a queer person who is a lawyer. When we lost this case in 2013, I felt anger. I am not an angry person. But in 2013, to be called a criminal by your own workspace left me hugely angry. My instinctive response was that this is not okay. What are we going to do about this? What can we do differently? I am not made that way; I do not know how to walk away. The biggest relief one gets when a case ends is that the anger ebbs, because anger is not really a productive emotion," she shared.
She further emphasized, "I have made peace with the fact that we will win and lose a lot of battles. A significant lesson for young people is that life will bring both joy and disappointment, both personally and professionally. Loss often teaches more than success ever could. The best approach is to remain undeterred and continue striving to make things right."
In 2019, during a conversation with a prominent media figure, she and her co-counsel, Arundhati Katju, discussed their relationship, earning a spot on the Time 100 Most Influential People list that same year. Guruswamy, born to Mohan Guruswamy, a former adviser to the Ministry of Finance, and Meera Guruswamy, an advertising professional, was inspired by her mother's passion for law. She completed her LLM at Harvard Law School and later obtained a DPhil from the University of Oxford as a Rhodes Scholar, becoming the first Indian and the second woman to have her portrait displayed in Milner Hall at Rhodes House, University of Oxford.