Historic Oath: Menaka Guruswamy Becomes India's First Openly Queer Member of Parliament
In a landmark moment for Indian democracy, senior Supreme Court advocate Menaka Guruswamy was sworn in as a Trinamool Congress MP from West Bengal, making history as the nation's first openly queer member of Parliament. The oath was administered by Rajya Sabha Chairman CP Radhakrishnan in the Upper House, where she was among 19 newly elected or re-elected members taking their seats.
From Section 377 Victory to Parliamentary Seat
Guruswamy's journey to Parliament is deeply intertwined with her legal activism. She is widely recognized as one of the lawyers who argued in the pivotal Supreme Court case that led to the reading down of Section 377 in 2018, effectively decriminalizing homosexuality in India. This September 2018 verdict marked a significant milestone for LGBTQ+ rights, and her subsequent nomination to the Rajya Sabha by the All India Trinamool Congress represents another profound step forward.
Upon her nomination, Guruswamy expressed her gratitude on social media, stating: "I am deeply honoured to be nominated to the Rajya Sabha by the All India Trinamool Congress. I am grateful to the Hon'ble Chief Minister of West Bengal Ms Mamata Banerjee for reposing her faith in me. 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."
A Distinguished Legal and Academic Career
Guruswamy brings an impressive background to her new role. She is the daughter of public policy analyst Mohan Guruswamy, who served as an adviser to the finance minister in the Vajpayee government. Her legal career began in 1997 under former Attorney General Ashok Desai, and she has since built a reputation as a formidable advocate and scholar.
Her educational credentials are exceptional:
- Educated at the National Law School of India University, University of Oxford, and Harvard Law School
- Rhodes Scholar at Oxford and Gammon Fellow at Harvard
- Served as visiting faculty at Yale Law School, New York University School of Law, and University of Toronto Faculty of Law
- From 2017 to 2019, she was the B R Ambedkar research scholar and lecturer in law at Columbia Law School, teaching constitutional design in post-conflict democracies
In 2019, she and her partner, fellow lawyer Arundhati Katju, were featured on Foreign Policy magazine's list of 100 most influential Global Thinkers. Guruswamy has been open about her relationship with Katju, whose father, former diplomat Vivek Katju, wrote a personal piece in 2023 about accepting his daughter and her partner.
Constitutional Values at the Forefront
During her political debut in Kolkata alongside Trinamool's other Rajya Sabha nominee, former DGP Rajeev Kumar, and Chief Minister Mamata Banerjee, Guruswamy emphasized her commitment to constitutional principles. She began her address with "Jai Bangla" and added, "Jai Samvidhan, Jai voting rights."
She elaborated: "For 200 years, we tolerated the British. We fought. We then adopted the Constitution — 'We, the People.' The Constitution which we have adopted says two primary things about all of us: that we are all equals. We are equal irrespective of our religion, community, gender or the place we belong to. And the second most important point the Constitution emphasises is that every citizen of this country has the right to vote. Today, this Constitution binds all of India."
Guruswamy continued passionately: "I am a lawyer. And I am an ordinary lawyer. But I have only one thing in my heart — the Constitution of India. The Constitution has, for the first time, given every citizen the right to vote. I have not seen this before… that 60 lakh people in Bengal will now be adjudicated. You may even be stripped of your right to vote. If that happens, how will elections be free and fair? We will fight against this in the Supreme Court, and in every other court." Her speech was met with enthusiastic applause from supporters.
Recognition and Legacy
Beyond her legal and political achievements, Guruswamy has received numerous accolades. In 2017, her portrait was unveiled at Rhodes House, University of Oxford, honoring her contributions as a Rhodes Scholar. Her inclusion in Foreign Policy's influential thinkers list alongside her partner further underscores her global impact.
As she takes her seat in the Rajya Sabha, Menaka Guruswamy represents not just West Bengal but a significant breakthrough for representation and diversity in Indian politics. Her journey from advocating for LGBTQ+ rights in the Supreme Court to serving in Parliament highlights the evolving landscape of Indian democracy, where constitutional values of equality and non-discrimination continue to guide progress.
