Breaking Barriers: Menaka Guruswamy’s Journey from Section 377 to the Rajya Sabha

Menaka Guruswamy is a senior advocate in the Supreme Court of India and a well known constitutional lawyer. In 2026 she made history by becoming India’s first openly queer Member of Parliament after being elected to the Rajya Sabha from West Bengal.

She is widely recognized for her role in the landmark 2018 Supreme Court case that led to the leading down of the Section 377 of the Indian Penal Code . This judgment decriminalized consensual same sex relationship in India and is considered as a major step forward for LGBTQ+ rights in the country .

Guruswamy was born on November 27, 1974, in Hyderabad. She studied law at the National Law School of India University in Bengaluru. Later, she went abroad for higher studies and earned degrees from the University of Oxford and Harvard Law School. She also completed her doctorate (D.Phil) from Oxford. Guruswamy is one of India’s leading constitutional lawyers. She has worked on several important cases related to human rights, governance, and education.

Her work includes: The Section 377 case, which decriminalized homosexuality, The Right to Education case, ensuring access to schooling for disadvantaged children, Cases related to bureaucratic reforms and governance

She has also served as amicus curiae (advisor to the court) in cases related to alleged extrajudicial killings in Manipur.

Apart from her legal practice , Guruswami has also worked in academics . She has taught at institutions like Columbia Law School , Yale Law School and New York University .

She has also advised international organizations such as the United Nations and worked on  the issues related to human rights and constitutional law .

In 2026,  Menaka Guruswamy was nominated by the Trinamool Congress for the Rajya Sabha. After being elected she became the first openly LGBTQ+ person to serve as a Member of Parliament in India .

The All India Trinamool Congress nominated her as its Rajya Sabha candidate. Acknowledging the moment, she posted on X: "I am deeply honoured to be nominated to the Rajya Sabha by the All India Trinamool Congress. I am grateful to the Honorable 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."

After being introduced at the dharna mancha, she began with “Jai Bangla” and added, “Jai Samvidhan, Jai voting rights”.

Guruswamy said: "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 emphasizes is that every citizen of this country has the right to vote. Today, this Constitution binds all of India."

"I am a lawyer. And I am an ordinary lawyer. But I have only one thing in my heart , the Constitution of India," she continued."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," she said, her speech punctuated by applause.

Guruswamy is in a relationship with fellow lawyer Arundhati Katju , who also worked with her on the Section 377 case .

She has received several international recognitions , including being named among influential global thinkers and appearing in lists of important public figures.

Menaka Guruswamy is known for her contribution to law, human rights, and equality in India. From fighting landmark cases in the Supreme Court to entering Parliament, her career reflects a strong commitment to constitutional values and social justice.