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Out and Proud: As Supreme Court Shuts Door On Same-Sex Marriage, Queers Recall Instances of Struggles & Discrimination

Homophobia is evident across these well known central universities which ironically take pride in actively raising voice against discrimination and injustice. There is definitely some effort to curb the homophobic harassment but it is a long way to go.
Queer student demand inclusivity at Delhi University Pride Parade

September 6th marked the sixth anniversary of the repealing of Section 377 of the Indian Constitution- a massive feat for the LGBTQ+ community in India. To commemorate this occasion, students from Delhi University (DU), Jawaharlal Nehru University (JNU) and Jamia Millia Islamia (JMI) came together to conduct Pride Marches around DU north campus and JNU. Each march was around an hour long- brimming with joy, colours and high spirits. As this vibrant crowd marched forward shouting their rhythmic slogans demanding equality, passersby stared in confusion and amusement. One young bystander remarked, “What are they even asking equality for?”

The LGBTQ community in India, like any other minority community, has had a long and vivid history of discrimination. Although the October 2023 Supreme Court Judgement rejected pleas for same-sex marriage, it called for active action to protect the rights of the LGBTQ community. A brushing-under-the-carpet temperament was observed when Justice Sanjiv Khanna recused himself in July 2024, from hearing the pleas seeking review of the October 2023 judgement and even the apex court refused to conduct open hearings of the petitions. Today, being queer is largely treated as taboo not only by the older generations of higher institutions but also among many college-going youth. 

Many students came forward to share their experiences. Rajeshwari Guha, 23, a queer student from the English department at Jawaharlal Nehru University recounts, “Last November, my disabled queer senior performed on stage wearing a saree. He embraces gender-fluid fashion. But following the performance, he was regularly subjected to severe homophobic bullying.” When asked about the steps taken to curb the harassment, she claimed that the queer society of JNU, Hasratein, came forward and publicly condemned the act in a general body meeting. The administration also stepped in and banned the perpetrator’s entry on campus. Despite these steps, she claims she must be careful about revealing her identity.

Swasti Agarwal, 20, a queer student at the physics department in Dyal Singh College, Delhi University, spoke about her experiences as the current president of Vikirya, the LGBTQ society of the college. She claims that there have been several instances of homophobia on campus and there has hardly been any support from the administration. “In April 2024, a student came out as bisexual to his friends and they started making fun of him. The mockery was so bad that we had to step in. Since then he hardly participates in queer events,’ she said. She mentioned another instance from August 2023 where a group of goons from a certain political party demanded that the pride flag be taken down during an ongoing LGBT event.

Amber, who goes by the first name, is a 2023 pass-out from Jamia Millia Islamia. She states, “When my classmates first got to know that I am bisexual, their reactions were bizarre. It was as if it was unbelievable for them to see someone who was bi. They came to me and asked if I was actually bisexual.” She mentions her gay friend who was also a student in JMI. His classmates often mocked him because of his appearance and body language. She recounted another incident from last year, where homophobic posters were put up all across the Jamia campus by a religious group named Al Haya Min Allah. In response, the Jamia Queer Collective (JQC) released a statement condemning the act. 

Ayan Banerjee, 25, ex-core member of Jamia Queer Collective and 2023 pass-out from the AJK Mass Communication Research Centre in Jamia, provides a deeper insight into the same incident. Ayan, currently a queer journalist, recalls the immense amount of hate that JQC had to face from extremist groups when it condemned Al Haya’s homophobia. Moreover, the hate was specifically directed towards an openly queer Muslim student. Ayan claimed that even social media platforms of JQC and its members were flooded with hate comments and threats. When Ayan approached the administration personally, he was only provided verbal consolation. The severe harassment forced JQC to cease operations indefinitely.

Sakhi, 25, who goes by their first name, is a queer student studying sociology in JMI. They mention an incident that took place right before the 6th September 2024 pride parade in DU. One of their friends was putting up the poster for DU Pride March outside the Mass Communication Research Center and someone took her photo and spread it across social media groups stating that practicing homosexuality is wrong and must not be encouraged. Moreover the poster was mysteriously taken off after a couple of days. They still haven’t found the perpetrators and at this point, they chose to ignore it. 

Homophobia is evident across these well known central universities which ironically take pride in actively raising voice against discrimination and injustice. There is definitely some effort to curb the homophobic harassment but it is a long way to go. Whether the queer community will find security and safety in educational spaces is something to watch out for. 

The Supreme Court on January 9, 2025 dismissed the review petitions challenging its landmark ruling that denied legal recognition to same-sex marriages in India. The Bench stated that there was “no error apparent on the face of the record” in its prior judgment. It reaffirmed that the conclusions in the original verdict were consistent with the law and did not warrant reconsideration. As a result, all review petitions seeking a reconsideration of the decision were dismissed, upholding the top court’s earlier stance. At a time when an average Indian associates the idea of queerness with sin and disgust, this decision has led to the closing of doors of the highest court of the country for the queer community.