Lawyers Menaka Guruswamy and Arundhati Katju made history in 2018 when they helped overturn a law in India that said love between people of the same gender was illegal. They worked hard to show India’s Supreme Court that love is love.
| COLD OPENING:
One sunny September day in 2018, Menaka Guruswamy and Arundhati Katju were in New Delhi, India, waiting for an answer.
A big answer. To a big question.
Menaka and Arundhati were both lawyers, and the Indian Supreme Court was about to rule on a case that could impact the future of their lives—and the lives of millions of Indians.
India had an old law from way back in 1860 that said love between people of the same gender was a crime.
People who broke this law could go to prison—for anywhere from ten years to life!
Menaka and Arundhati—and many other Indians—had fought for years to get rid of this law.
Again and again, they trudged up courtroom steps. Again and again, they stood before serious-faced judges. Again and again, they made arguments about why this law was wrong.
In 2018, they made one last try—and now, the big day had come.
The Supreme Court’s large white dome shone in the sun. The Indian flag fluttered in the breeze, showing off its three colors—saffron, white, and dark green.
In front of the court, crowds gathered—waiting.
As Menaka and Arundhati climbed the courthouse steps that morning, they wondered: Could today be the beginning of something new? |
| BEGINNINGS:
When they were little, both Menaka and Arundhati wanted to be lawyers.
Well, mostly.
Menaka really wanted to be a backup singer for the pop star Madonna. But she was also fascinated by books. And once she started studying law, she was hooked.
Both Arundhati and Menaka studied hard, and they did well in school.
They traveled abroad for more studies and work—from the United Kingdom to New York City. They got big awards and scholarships.
But no matter how far they traveled, India called to them.
Menaka loved the Indian Constitution. She read and reread her copy of it, flipping through its pages until their edges were worn.
Arundhati loved standing up in court to argue cases. And she longed to make change in the country she loved.
So, they always returned.
Back in New Delhi, Menaka became known for being fierce and fearless in court. And Arundhati could make arguments that were so beautiful, they sounded like poetry.
So, when Menaka and Arundhati started working together, they became an unstoppable team. |
| 2013 LOSS:
Except that they were stopped.
In 2013, Menaka and Arundhati had worked on a similar case about this law in front of the Supreme Court.
Therapists, teachers and parents told the court how hard it was to be LGBTQ in India.
How their transgender kids were bullied.
How gay and lesbian patients were depressed because of discrimination.
But the court would not listen.
Instead, judges and lawyers said awful things about LGBTQ people.
At one point, one justice turned to a lawyer on the opposing side. “Do you know any homosexuals?” he asked.
The lawyer chuckled. “No, my lord—I’m not that modern.”
Menaka and Arundhati’s hearts sank. In the end, the court decided to keep the law in place. |
| A NEW STRATEGY:
In the days and weeks that followed, Arundhati’s and Menaka’s hearts were heavy with grief.
Because what the judges and lawyers didn’t know was that these two women were themselves LGBTQ.
And they were in love—with each other.
Arundhati wished they could just stand up in court and tell the justices their story.
But according to the law, they were considered criminals.
And if they were criminals, how could they make a case before the Supreme Court? |
| LAWS GOVERNING LOVE:
India wasn’t the only country with a law like this. Throughout history, many governments have tried to outlaw people expressing their love.
In some countries, there were laws that made it a crime to date or marry a person of a different race. This was true in the United States until even the 1960’s!
In other countries, you couldn’t marry someone who practiced a different religion. And even as we tell this story, there are more than 70 countries that still have laws criminalizing LGBTQ people!
So, Menaka and Arundhati weren’t alone in their struggle. They knew many people worldwide believed in the power of love.
But how could they get the Supreme Court to believe in it too? |
| RETHINKING THE QUESTION
As time went on, the two lawyers began to wonder: What if the judges did know LGBTQ people and their stories? After all, if you hear someone’s story, you can see how human and connected we all are. Maybe hearing people’s stories was exactly what the court needed.
Menaka and Arundhati started talking with LGBTQ people and asking if they’d be willing to tell their stories to the Supreme Court. It was hard at first. Because their love was illegal, most LGBTQ Indians didn’t shout about it from the rooftops. Many hid their relationships and identities from families, loved ones, and coworkers.
So it was really hard to convince anyone to join them.
Until one woman stepped forward. She was actually a client of Menaka’s. She trusted Menaka and wanted to make India a safe place for everyone to express their love. “Yes,” she told Menaka. “I will tell my story.” |
| TELLING STORIES
By 2016, Menaka and Arundhati had five litigants—five LGBTQ Indians who were ready to go to the Supreme Court and tell their stories.
One was a classical Indian dancer. One was his partner of 23 years and a journalist. Another litigant was a chef, and another ran a hotel. And one was a high-profile businesswoman.
Remember, this was dangerous. Their relationships were still considered “illegal.”
Now, these five people were going to come out to the Indian Supreme Court—and the entire world.
It was scary, but the litigants were brave.
And when other Indians found out about these brave people, they began to tell their stories, too.
Eventually, Menaka and Arundhati, along with three other lawyers, filed six petitions with the Supreme Court on behalf of LGBTQ people of all ages from across the country.
When the Supreme Court hears these stories, the lawyers thought, they will have to change their minds. |
| GOING TO COURT—AGAIN
They had to wait a long time, but in the summer of 2018, Menaka, Arundhati, and the rest of their legal team received big news—they were going to the Supreme Court!
On the first day of their case, the humid morning wrapped itself like a scarf around Menaka and Arundhati as they walked up the steps of the Supreme Court building.
They gazed up at the large columns, gathered their courage and walked inside with their heads held high.
Inside the courtroom, dark wood walls gleamed with polish. Menaka and Arundhati walked across the plush red carpeting and found their places near the front. The room hummed with voices as they did so—lawyers, litigants, reporters, and visitors.
Finally, the five justices entered, sitting in tall seats at the very front of the courtroom.
Then, the hearing began. |
| HOW STRONGLY MUST WE LOVE?
Robed in black, Menaka and Arundhati stood in front of the court day after day, making their arguments.
They helped their clients tell their stories in their own words. Each person who stepped forward shared how the law had hurt them and made them afraid. How they made choices about where they lived or what jobs they took to avoid discrimination.
How they wanted to stay in their hometowns with their families. How they didn’t want to live in fear.
“Tell my young clients that their lives will be different,” Menaka pleaded with the court.
More than once, the justices were seen wiping tears from their eyes.
“How strongly must we love knowing we are unconvicted felons?” Menaka asked the court. “My Lords, this is love that must be constitutionally recognized.” |
| 377 OVERTURNED
Once they finished their arguments, Arundhati and Menaka had to wait months to hear the court’s decision.
Finally, the big day came in September 2018.
The early morning light glittered on the white and red bricks of the Supreme Court building. Crowds gathered. Rainbow flags were draped across shoulders. Hand-written signs read: “Don’t criminalize love.”
It felt like electricity zig-zagged through the air.
Then, the justices filed into the courtroom again as Menaka, Arundhati, and their team stood before them. The litigants joined too. At the back of the courtroom, Arundhati’s parents sat in the visitors’ section to cheer her on.
Murmurs and whispers rumbled through the courtroom as everyone waited for the justices to present their verdicts. One justice wrote in her verdict, “History owes an apology to the members of [the LGBTQ] community and their families.”
Menaka and Arundhati held their breath. Could it be? And then, as each justice presented their verdicts too, it soon became clear—all five justices voted to overturn the law! The lives of millions of LGBTQ Indians had just been recognized and respected!
Almost instantly, celebrations erupted throughout India. People hugged each other and danced. Tears streamed down faces. In Bengaluru, people danced on the steps of a courthouse. At a café in Kolkata, friends laughed and cried and hugged each other. In Mumbai, people marched with a giant rainbow banner through the streets while activists threw swirls of confetti into the air.
Back in the Supreme Court, as the justices finished their speeches, Menaka and Arundhati looked at each other and smiled. Their eyes sparkled with joy.
Now, their love was legal, too. |
| LEGACY
Today, Menaka and Arundhati continue to fight for equal rights in India.
They’re currently working to legalize marriage between same-gender couples. And in the courtroom, they’re helping many other people overcome injustices.
It’s been a long road for them, but they truly believe a better world is possible, if we stand up for it.
As Arundhati once said, “Your stories can change the law. They can change society. They can change the understanding of the constitution. And therefore, they can change your life.” |