Menaka Guruswamy: The Lawyer Who Could Become India’s First LGBTQ MP

The All India Trinamool Congress (AITC) has nominated senior Supreme Court advocate Menaka Guruswamy as one of its candidates for the upcoming Rajya Sabha elections scheduled for March 16. If elected, Guruswamy would make history as India’s first openly LGBTQ Member of Parliament.

The party, led by Mamata Banerjee, also announced the nomination of Babul Supriyo, Koel Mallick, and recently retired Rajeev Kumar for the Upper House.

In a statement posted on X, the Trinamool Congress congratulated the nominees, stating that it hopes they will continue to uphold the party’s “enduring legacy of resilience” and its commitment to protecting the rights and dignity of every Indian.

Who is Menaka Guruswamy?

Menaka Guruswamy is a prominent constitutional lawyer practicing at the Supreme Court of India. A graduate of National Law School of India University, she joined the institution in 1992 and began her legal career in 1997 under former Ashok Desai.

Early in her career, Guruswamy focused largely on litigation and constitutional law. Her work and contributions were highlighted in the book Rising: 30 Women Who Changed India by Kiran Manral.

She later pursued advanced legal education abroad. Guruswamy completed a Bachelor of Civil Law (BCL) at the University of Oxford and earned a Master of Laws (LL.M.) from Harvard Law School as a Gammon Fellow. She also practiced law in New York with Davis Polk & Wardwell, a leading international law firm. Returning to Oxford, Guruswamy completed a Doctor of Philosophy (D.Phil.) in Law as a Rhodes Scholar.

 Academic and Global Engagements

 Beyond litigation, Guruswamy has had a strong academic presence. She has served as visiting faculty at prestigious institutions including Yale Law School, Columbia Law School, and New York University School of Law. She has also advised international organisations such as the United Nations Development Fund and UNICEF, including assignments in New York and South Sudan. In 2019, she was recognised globally when Foreign Policy magazine included her in its list of 100 most influential Global Thinkers.

Key Legal Work and Landmark Cases

Guruswamy has been involved in several important constitutional and public interest cases in India. She was part of the legal team that challenged Section 377 of the Indian Penal Code, which criminalised consensual same-sex relations before it was read down by the Supreme Court. Her work has also extended to major legal matters including:

• Cases related to bureaucratic reforms
• The AgustaWestland bribery case
• Litigation connected to Salwa Judum
• Issues concerning the Right to Education Act

In addition, the Supreme Court of India appointed her as amicus curiae in a case involving 1,528 alleged extrajudicial killings by security forces, where she assisted the court as an independent legal expert. More recently, Guruswamy represented the Trinamool Congress in legal proceedings challenging searches conducted by the Enforcement Directorate at I-PAC offices.

A Potential Historic First

If elected to the Rajya Sabha, Menaka Guruswamy’s entry into Parliament would mark a historic milestone for LGBTQ representation in Indian politics. Her nomination reflects a rare intersection of constitutional law, activism, and parliamentary politics, potentially bringing a strong legal voice to legislative debates.

For the Trinamool Congress, the move also signals a message of diversity and representation in national politics as the party prepares for the upcoming Rajya Sabha elections.

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