Menaka Guruswamy: From Supreme Court's Senior Advocate to India’s First Openly Queer Rajya Sabha MP

In a moment of profound constitutional and social significance, Menaka Guruswamy - Senior Advocate of the Supreme Court of India has assumed office as a Member of Parliament in the Rajya Sabha. With this, she becomes India’s first openly queer parliamentarian.

Who is Menaka Guruswamy?

Menaka Guruswamy is a distinguished constitutional lawyer, academic, and now legislator, representing West Bengal in the Rajya Sabha since April 2026.

Born in Hyderabad in 1974, her academic trajectory reflects exceptional intellectual depth and global exposure:

• National Law School of India University (B.A. LL.B.)

• University of Oxford (Rhodes Scholar, D.Phil)

• Harvard Law School (LL.M.)

Beyond her academic accomplishments, she has contributed significantly to legal scholarship, having taught at globally reputed institutions such as Columbia, Yale, and New York University. Her engagement with international human rights frameworks includes work with organizations like UNICEF.

At the Bar, she has built a formidable reputation, appearing in several constitutional matters of national importance before the Supreme Court of India.

Architect of a Constitutional Turning Point: Section 377

Guruswamy’s name is inextricably linked with one of India’s most transformative constitutional judgments - Navtej Singh Johar v. Union of India.

In 2018, a Constitution Bench of the Supreme Court read down Section 377 of the Indian Penal Code, thereby decriminalising consensual same-sex relations between adults. This judgment is widely regarded as a watershed moment in India’s constitutional history.

Appearing alongside a team of lawyers, including Arundhati Katju, Guruswamy represented the petitioners challenging the colonial-era provision.

Important Legal Clarification

• The judgment decriminalised homosexuality

• It did not legalise same-sex marriage

As of now, same-sex marriage remains unrecognised under Indian law, with no statutory or constitutional mandate affirming it.

Identity and Representation

Menaka Guruswamy is openly queer. Her public acknowledgment of her relationship with Arundhati Katju has been both personal and political, symbolising visibility in a space historically marked by silence.

Her identity, combined with her legal contributions, has positioned her as a prominent voice in India’s LGBTQ+ rights movement.

A Historic Entry into Parliament

In 2026, Guruswamy was nominated by the Trinamool Congress and elected to the Rajya Sabha from West Bengal. Her oath in April 2026 marks a historic first:

• India’s first openly queer Member of Parliament

• A rare instance of a constitutional lawyer transitioning directly into legislative office

Her entry into Parliament signifies not only representation but also the potential infusion of constitutional reasoning into legislative processes.

Menaka Guruswamy’s trajectory lies at the intersection of three critical domains:

• Constitutional law and transformative litigation

• The LGBTQ+ rights movement in India

• Democratic representation and institutional inclusion

Her advocacy in the Section 377 case contributed to dismantling a colonial legal framework, reaffirming core constitutional values of dignity, privacy, and equality under Article 21.