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She helped decriminalize homosexuality in India. Now she’ll become its first out Parliament member.
Photo #9106 March 08 2026, 08:15

A senior advocate at the Supreme Court of India, who was instrumental in the decriminalization of same-sex relations in the country, has been nominated to a seat in the country’s upper house of Parliament, The Hindu reports.

If elected, she’ll become the first out member of India’s Parliament.

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Menaka Guruswamy petitioned for and argued the landmark case decriminalizing same-sex relations in India in 2018. The ruling struck down Section 377 of the Indian Penal Code, which prohibited “carnal intercourse against the order of nature.” The law was imposed on Indians during British colonial rule in 1861, and referred to homosexual sex as “unnatural offenses.”

“How strongly must we love knowing we are unconvicted felons under Section 377?” Guruswamy asked the court during oral arguments then. “My Lords, this is love that must be constitutionally recognized, and not just sexual acts.”

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Guruswamy’s nomination to the seat in Parliament’s upper house doesn’t carry the baggage of a traditional political campaign, and Guruswamy doesn’t describe herself as a politico. Like the U.S. Senate before direct election reforms, members of the Rajya Sabha, or Council of States, in India’s Parliament are voted into office for their six-year terms by state legislative assemblies in biennial elections.

Guruswamy, 51, was nominated for one of four seats from the state of West Bengal by the All India Trinamool Congress, a main opposition party in India that dominates the state bordering Bangladesh. As well as Guruswamy, two career politicians and the Bengali film actress known as Koel were nominated for the Rajya Sabha seats. Elections next week will likely see all four candidates sent to Parliament.

“We extend our heartfelt congratulations and best wishes to them. May they continue to uphold Trinamool’s enduring legacy of resilience and its unwavering commitment to safeguarding the rights and dignity of every Indian,” the Trinamool Congress posted on social media.

Guruswamy was heralded by progressives in India and around the world for her role in vanquishing India’s archaic same-sex prohibition. Shortly after the ruling, she publicly revealed her romantic relationship with fellow court advocate Arundhati Katju.

The pair appeared together at events honoring Guruswamy on three continents.

She was the first Indian and the second woman to have her portrait displayed at Milner Hall in Rhodes House at the University of Oxford in England. Guruswamy was recognized by Harvard Law School with another portrait unveiled on International Women’s Day in 2019. She holds advanced degrees from both schools.

Also in 2019, Guruswamy was featured on Time magazine’s list of the 100 most influential people in the world.

Guruswamy’s other work and advocacy includes advising the United Nations Development Fund and Children’s Fund (UNICEF), and UNICEF South Sudan on various aspects of International Human Rights Law. She’s also supported the constitution-making process in Nepal.

Said Guruswamy following the announcement of her nomination last week: “Our Constitution’s values of equality, fraternity & non-discrimination have guided my life & work. I hope to carry these ideals forward into Parliament. I look forward to representing the interests of the people of West Bengal & to serve ‘We the People’ of India.”

1/2 I am deeply honoured to be nominated to the Rajya Sabha by the All India Trinamool Congress @AITCofficial I am grateful to the Hon’ble Chief Minister of West Bengal Ms. Mamata Banerjee @MamataOfficial for reposing her faith in me.

— Menaka Guruswamy (@MenakaGuruswamy) February 28, 2026

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