Judiciary must perform role of catalyst for LGBTQIA+ rights: Former SC judge Sanjay Kishan Kaul
He was speaking on Saturday (July 13, 2025) at the launch event of a policy document on recommendations for queer inclusion in India's legal and social landscape, organised by Keshav Suri Foundation and Vidhi Centre for Legal Policy.
'The judiciary must perform the role of a catalyst. India's legislative landscape for LGBTQIA+ recognition has evolved, but significant gaps persist. The term queer is not defined in Indian law, and asexual individuals are invisible in policy frameworks,' Justice (retd) Kaul said.
During his keynote address, the former apex court judge also referred to the tennis player Radhika Yadav's murder case.
'The challenge that we face in our country, and actually across the world, I think, (about discrimination). See a thing as simple as a man-woman relationship, where a woman chooses on her own – forget the cities, look at how it dealt with at different levels, inter-caste marriages; people let loose the process which destroy the lives of their children – the recent episode two days ago where a father shoots her own daughter – when we talk of problems; please look at the society all around; this also has to change,' Justice (retd) Kaul said.
He said that in February this year, the Union Ministry of Social Justice and Empowerment introduced certain administrative measures for queer couples, including access to ration cards, joint bank accounts, and the right to claim a partner's body in case of death (if no next of kin existed).
'These measures, prompted by the Supreme Court's (earlier) judgment, are a step forward but remain limited, as they are not enshrined in statute and do not address comprehensive rights,' he said.
Justice (retd) Kaul said that anti-discrimination law was more crucial in today's age, where access to capital was the requisite for access to capital.
'Starting a business, buying a house or even otherwise bridging personal needs is wholly dependent on factors such as ease of availing loans or finances, opening bank accounts. Undoubtedly, there are barriers to access for LGBTQIA+ persons to even something as routine as opening a bank account, which requires one to carry a document which conforms to gender identity,' he said.
'An almost existential difficulty faced by LGBTQIA persons is access to goods, financial services and access to public infrastructure,' the ex-top court judge added.
He said the future of queer rights required action in the realm of the legislature and the executive, with a coordinated effort across various ministries and departments.
'There is also, a degree of legislative inertia on the rights and entitlements of queer persons, which risks prolonging the legal limbo for same-sex couples seeking marriage, adoption, or inheritance rights. A conservative attitude still persists across a large populace of the country, which hinders acceptance,' said Justice (retd) Kaul.
He said that the country was on a path of progressive recognition of the rights of LGBTQIA+ persons and that urban areas and younger generations showed greater openness, even while the rural and conservative communities remained hostile.
'I truly believe that the future is more promising than what is behind us, and in the words of Harvey Milk, the first openly gay man to be elected to public office in California, 'Hope will never be silent,' said Justice (retd) Kaul.
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Key Points to Ponder: • Who were the Paikas? • Why did they rebel against the British? • How is the alleged omission of the rebellion from history textbooks a politically sensitive issue in Odisha? • Know the historical significance of the Paika Rebellion in Odisha's and India's broader struggle against colonialism. • What were the socioeconomic causes that led to mobilization of the Paikas in 1817? • Do you think that the inclusion of movements like Paika, Khurda, and Kuka in curriculum could foster critical historical thinking or regional fragmentation? Key Takeaways: • The NCERT has clarified that the 1817 rebellion will be included in the second volume of the textbook, set to be released in September-October. • Throughout the 19th century, rural India was alive with discontent that periodically manifested itself in the form of armed resistance against old inequities and new hardships alike. The latter was primarily the result of military expansion of the British East India Company, which disrupted existing social relations in peasant and tribal communities. • The Paika Rebellion, also known as the Paika Bidroha, was one such uprising. • The Paikas (pronounced 'paiko', literally 'foot soldiers') were a class of military retainers who had been recruited from various social groups by the Gajapati rulers of Odisha since the 16th century. They would render martial services to the king in return for hereditary rent-free land (nish-kar jagirs) which they would cultivate during peacetime. Do You Know: • In 1803, Colonel Harcourt marched virtually unchallenged from Madras to Puri, and faced only feeble Maratha opposition onward to Cuttack. Harcourt had made an agreement with Mukunda Deva II, for free passage through Khurda in return for compensation of Rs 1 lakh and four parganas — Lembai, Rahanga, Surai and Chabiskud — which had been under Maratha control since 1760. • When the Company did not fulfil these conditions, Jayee Rajguru, the custodian of the king marched to Cuttack with around 2,000 armed Paikas in order to pressurise the British. Although Harcourt paid a sum of Rs 40,000, he refused to give Khurda the four parganas. Rajguru subsequently conspired to overthrow the British, but was caught before the revolt could materialise. • The Company subsequently took away the king's lands, dethroned him, razed the fort at Barunei, and arrested Rajguru, who was convicted for waging war against the British government and executed on December 6, 1806. The king was banished to Puri. • The end of native rule in Odisha marked the beginning of the decline of the Paikas' power and prestige. Apart from losing political patronage, the Paikas, who previously enjoyed rent-free land, suffered due to new land revenue settlements introduced by the Company which drove Odia proprietors to ruin. Many were forced to transfer land to Bengali absentee landlords, often for a pittance. • In March 1817, some 400 Kondhs equipped with traditional arms marched from Ghumusar towards Khurda. They were joined by an army of Paikas led by Bakshi Jagabandhu Bidyadhar Mahapatra Bhramarabar Ray, the former commander-in-chief of the king of Khurda and the erstwhile holder of the lucrative Rodanga estate. • The Paikas and their rebellion have long been used to invoke Odia sub-nationalism. Other Important Articles Covering the same topic: 📍Explained: Who were the Paikas of Odisha, and what will the Paika Memorial celebrate? For any queries and feedback, contact Subscribe to our UPSC newsletter. Stay updated with the latest UPSC articles by joining our Telegram channel – IndianExpress UPSC Hub, and follow us on Instagram and X. Priya Kumari Shukla is a Senior Copy Editor in the Indian Express (digital). She contributes to the UPSC Section of Indian Express (digital) and started niche initiatives such as UPSC Key, UPSC Ethics Simplified, and The 360° UPSC Debate. The UPSC Key aims to assist students and aspirants in their preparation for the Civil Services and other competitive examinations. It provides valuable guidance on effective strategies for reading and comprehending newspaper content. The 360° UPSC Debate tackles a topic from all perspectives after sorting through various publications. The chosen framework for the discussion is structured in a manner that encompasses both the arguments in favour and against the topic, ensuring comprehensive coverage of many perspectives. Prior to her involvement with the Indian Express, she had affiliations with a non-governmental organisation (NGO) as well as several coaching and edutech enterprises. In her prior professional experience, she was responsible for creating and refining material in various domains, including article composition and voiceover video production. She has written in-house books on many subjects, including modern India, ancient Indian history, internal security, international relations, and the Indian economy. She has more than eight years of expertise in the field of content writing. Priya holds a Master's degree in Electronic Science from the University of Pune as well as an Executive Programme in Public Policy and Management (EPPPM) from the esteemed Indian Institute of Management Calcutta, widely recognised as one of the most prestigious business schools in India. She is also an alumni of Jamia Milia Islamia University Residential Coaching Academy (RCA). Priya has made diligent efforts to engage in research endeavours, acquiring the necessary skills to effectively examine and synthesise facts and empirical evidence prior to presenting their perspective. Priya demonstrates a strong passion for reading, particularly in the genres of classical Hindi, English, Maithili, and Marathi novels and novellas. Additionally, she possessed the distinction of being a cricket player at the national level. Qualification, Degrees / other achievements: Master's degree in Electronic Science from University of Pune and Executive Programme in Public Policy and Management (EPPPM) from Indian Institute of Management Calcutta ... Read More
Indian Express
5 minutes ago
- Indian Express
No current plan to remove ‘socialist', ‘secular' from Preamble: Law Minister
Union Law Minister Arjun Ram Meghwal acknowledged in the Rajya Sabha Thursday that 'certain groups' were advocating for the removal of the words 'socialist' and 'secular' from the Preamble to the Constitution, but said that the government did not have any current plan or intention to do so. In a written reply to a question raised by Samajwadi Party MP Ramji Lal Suman, the minister said: 'The Indian government has not formally initiated any legal or constitutional process to remove the words 'socialist' and 'secular' from the Preamble of the Constitution. While there may be discussions or debates in certain public or political circles, no formal decision or proposal has been announced by the government regarding amendments to these terms.' The minister's statement comes a month after RSS general secretary Dattatreya Hosabale said at an event that a discussion was merited on the words 'socialist' and 'secular', which were added to the Preamble during the Emergency. SP MP Suman had sought Meghwal's response on whether 'office-bearers of some social organisations' were creating an 'atmosphere' for the removal of the two words from the Preamble. Making a distinction between the call by the RSS leader and the government's position, Meghwal said: 'Regarding the atmosphere created by office-bearers of some social organisations, it is possible that certain groups are expressing opinions or advocating for reconsideration of these words. Such activities can create a public discourse or atmosphere around the issue, but this does not necessarily reflect the official stance or actions of the government.' The minister also cited a Supreme Court decision in November 2024 in Dr Balram Singh and others Vs Union of India, in which the court dismissed petitions challenging the 42nd Constitutional amendment. 'The court clarified that 'socialism' in the Indian context signifies a welfare state and does not impede private sector growth, while 'secularism' is integral to the Constitution's basic structure,' Meghwal said. Asked about the government's stand on the issue, the minister said: 'The government's official stand is that there is no current plan or intention to reconsider or remove the words 'socialism' and 'secularism' from the Preamble of the Constitution. Any discussions regarding amendments to the Preamble would require thorough deliberation and broad consensus, but as of now, the government has not initiated any formal process to change these provisions.' Though it was a starred question and Meghwal was present in the Upper House, it was not taken up as the proceedings were adjourned due to disruptions when Question Hour began. On June 26, Hosabale, while speaking at the launch of a book on the 50th anniversary of the Emergency imposed by the Indira Gandhi government in 1975, called on the Congress to apologise for the Emergency and asserted that there should be a discussion on removing the words 'socialist' and 'secular' added to the Preamble through the 42nd amendment in 1976. 'No attempt was made to remove them (socialist and secular) later. So, there should be a discussion on whether they should remain. I say this in a building (Ambedkar International Centre) named after Babasaheb Ambedkar, whose Constitution did not have these words in the Preamble,' he said at the event. Damini Nath is an Assistant Editor with the national bureau of The Indian Express. She covers the housing and urban affairs and Election Commission beats. She has 11 years of experience as a reporter and sub-editor. Before joining The Indian Express in 2022, she was a reporter with The Hindu's national bureau covering culture, social justice, housing and urban affairs and the Election Commission. ... Read More
