In the mid-20th century, India saw a great influx of women into the workforce in the white-collared jobs of the public sector, challenging societal norms. By breaking glass ceilings in male-dominated offices, these women transcended the traditional identities to establish themselves as individuals; in turn allowing future generations of women to thrive in such professional spaces. Decades later, India is currently witnessing similar struggles borne by another marginalised group – the LGBTQIA+ community.
However, even as conversations around workplace diversity gain momentum in India, global Diversity, Equity, and Inclusion, or DEI, efforts are facing pushback. In the United States, since Donald Trump’s re-election in 2024, his administration has moved to dismantle DEI initiatives, calling them “discriminatory”.
In India, despite possessing the qualifications and talent needed to excel, queer individuals often find themselves excluded from leadership roles in both government and private sectors. This exclusion is fueled by queerphobia and the absence of anti-discrimination laws, forcing them to navigate a society that frequently labels their identity as a liability. Those who do break through these barriers shoulder a Herculean task: carving a space for themselves in systems not designed for their inclusion.
In 2007, when homosexuality was still criminalised in India, Shyam Konnur (he/him), an openly gay man then in his twenties, was making his way through the corporate world while working for multinational companies. While his professional life played out in a cubicle high above the city streets, Shyam was also actively involved in ground-level protests and campaigns advocating for queer rights in India.
Driven by a desire to build community and offer support, he founded the Mist LGBTQ Collective in April 2009, which would later become the Mist LGBTQ Foundation. Just a few months later, a historic Delhi High Court judgement decriminalised consensual same-sex relationships, marking a significant victory for LGBTQIA+ rights in the country.
Reflecting on his experiences in the corporate world, Shyam, who is 36 years old now, said, “Being an out gay man impacted my career in many ways. I was denied promotions despite a strong performance, questioned about my activism, and reduced to stereotypes, like being a ‘shopping buddy’ for female colleagues because of assumptions about gay men and fashion.”
He further explained that this was due to the stereotypes associated with the gay community that they have ‘better tastes in fashion’. While this sentiment might seem harmless, ‘positive’ stereotyping masks discrimination and reduces individuals to a part of their identity.
Shyam’s story is not unique. Kusuma Krishna (she/her), a 38-year-old lesbian woman from Bengaluru, said, “When I started working in 2009, homosexuality was still criminalised under section 377 of the Indian Penal Code. I lived in constant fear of losing my job if anyone found out about my identity, which impacted my confidence and productivity. While colleagues freely shared about their families, I felt silenced, always on guard; it was exhausting.”
The Naz Foundation vs Government Of NCT Of Delhi (2001) case was a pivotal moment in India’s queer rights movement. Naz Foundation, a Delhi-based NGO established in 1994, primarily focused on addressing HIV/AIDS and sexual health in India, filed a public interest litigation challenging IPC section 377, which criminalised consensual same-sex relations, with punishment up to imprisonment for life and a fine.
In 2009, the Delhi High Court ruled in favour of the Naz Foundation, decriminalising same-sex relations between consenting adults because the section violated fundamental rights to privacy, equality, and dignity. This landmark verdict marked the first time India’s courts addressed the issue of decriminalising homosexuality, framing LGBTQIA+ rights as human rights, and gaining international attention.
However, a challenge to this ruling came just four years later, by way of Delhi-based astrologer Suresh Kumar Koushal. In 2013, the Supreme Court of India overturned the Delhi HC judgement, recriminalising consensual same-sex relationships. The top court stated, “Section 377 does not criminalise a particular people or identity or orientation. It merely identifies certain acts which, if committed, would constitute an offence. Such a prohibition regulates sexual conduct regardless of gender identity and orientation.”
This overturning by the Supreme Court led to a heavy setback in corporate policies and workplace attitudes that were formerly on a path to being more inclusive. Queer persons dreaded further discrimination, harassment, and taunts against the community not only in their workplaces but also in the mainstream society. However, some multinational companies that had already pioneered inclusivity post the 2009 judgement and established queer networks within their workspaces remained committed to their policies, ensuring a safe and respectful environment for their employees.
Yet, according to the LGBT Workplace Diversity and Inclusion Survey of 2011-12, despite such collectives, around 80 percent of employees reported hearing homophobic comments, slurs, jokes, and discrimination at their workplace. While anti-discrimination policies existed in a few companies, at least on paper, other MNCs and corporate entities were unaffected by the status quo and continued to carry forward the existing system that largely invalidated and discriminated against queer employees. The 2013 judgement witnessed a further deterioration of social attitudes and employment opportunities for LGBTQIA+ persons.
In 2013, just after the Supreme Court reversed the Naz Foundation judgement, Kusuma saw a glimmer of hope. An advertisement from an MNC highlighted their LGBTQIA+ inclusive policies. “I felt relieved knowing there was a company that wouldn’t fire me for being who I am. I chose them over another job with a higher package because I hoped they would protect me,” she said.
Joining the company’s Employee Resource Group, or ERG, for the LGBTQIA+ community was a turning point for Kusuma. ERGs are voluntary, employee-led initiatives that allow employees to create safe spaces for shared identities, like LGBTQIA+ employees. They promote diversity through networking, mentorship, and advocacy for inclusive policies, hosting activities like workshops, and pride events, and offering mental health support.
“The ERG gave me a safe space and helped me take on challenging projects, ask better questions, and grow professionally. It also deepened my understanding of DEI, inspiring me to speak at panel discussions and forums.”
Currently, Kusuma co-leads the Pride Network at her workplace, collaborating with NGOs, other companies, and entrepreneurs to foster inclusivity. It is important to note that several ERGs were ruled back by MNCs after the 2013 recriminalisation.
The impact of such inclusivity is evident, as a 2018 study by the Wisconsin LGBT Chamber of Commerce and Marquette University found that companies with LGBTQIA+ leaders have higher performance than those without. Specifically, companies with LGBTQIA+ leadership reported a 61% rate of representation in top roles, linked to improvements in corporate social responsibility, high-performance HR practices, and overall firm success. These companies also demonstrated stronger workforce quality compared to those without LGBTQIA+ leadership.
The fight for queer leadership
Queer leadership is vital for empowering LGBTQIA+ individuals and fostering inclusivity. Mario Da Penha (he/him), a queer historian and head of the LGBTQIA+ vertical at the All India Professionals’ Congress (AIPC), emphasised the transformative power of visibility. “We need queer leadership across industries to help younger queer people envision a ‘full’ life. But queer leadership is a two-way street. The younger generation drives change with urgency, unlike the 17-year battle my generation fought to legalise being queer,” he said.
Piyush* (he/him), 32, who works as a senior manager at an MNC, added that a queer leader who has faced challenges can set an example and offer guidance. “It’s especially encouraging for people who are struggling with their identity or feeling alone,” he said.
However, the path to leadership remains fraught with challenges for openly queer individuals, both in the public and private sectors.
Arjun* (he/him), 36-year-old a trans man working with the Ministry of Finance since 2013, shared his experience navigating these difficulties. Arjun joined his workplace before the National Legal Services Authority (NALSA) vs Union of India judgement was passed in 2014, which formally recognised transgender rights in India. He explained that, though he presented as a masculine person even pre-transition, he had to encounter significant challenges when he transitioned legally, especially around accessing basic facilities like toilets.
Colleagues who knew him before his transition struggled to adapt, while others infantilised him due to his gender presentation. Arjun also pointed to the deeper structural challenges within the system. “Transitioning is a long, tedious process and requires a lot of medical intervention and assistance. However, gender affirmation surgery is considered cosmetic and isn’t covered by government-provided insurance. It’s an exhausting, ongoing battle faced by the trans community.”
Arjun’s challenges went beyond personal identity and extended into the professional realm. He pointed out how public sectors encourage women to apply, but there is no such consideration for queer persons.
“The mention of trans people in civil services forms is a practice that only came into place a few years back. The Transgender Persons (Protection of Rights) Act of 2019 and the NALSA judgement were of great help, as a result of which I was provided a trans card by the Ministry of Social Justice,” he said.
However, Arjun had to appeal with legal backing to update his name and gender in government records. “Even after the public approval from the union Ministry of Finance to change my gender and name in the records, there’s still no revision of the office memorandum, something that should have been prescribed,” he said.
The National Legal Services Authority vs Union of India judgement, popularly referred to as the NALSA judgement, was passed by the Supreme Court in April 2014. It granted legal rights to individuals for self-identification of their gender. The court also mandated affirmative action in education, healthcare, and employment for transgender persons.
The Transgender Persons (Protection of Rights) Act, 2019 aims to protect the rights of transgender persons. It covers transgender men, transgender women, intersex individuals, gender-queer persons, and socio-cultural identities like Kinnar and Hijra. However, the act faced criticism for its certification process. While it allows individuals to self-identify as male, female, or transgender, it mandates approval from a district magistrate and a screening committee. A revised certificate requires gender-affirming surgery, and there are no provisions for appealing denied certifications.
While Arjun joined the government job before his transition, it is still a struggle for openly trans persons to secure a job, in the public or private sector. This has led to the demand for horizontal reservation for trans and intersex persons. In other words, the demand is for a quota within quota for trans and intersex persons who are from Scheduled Castes, Scheduled Tribes, Other Backward Classes, and Economically Weaker Sections, and separate reservation under the general category.
Living Smile Vidya (she/her), a 42-year-old Dalit transgender rights activist points out the importance and necessity of horizontal reservations. “We need reservations to address both caste and gender inequalities alike. Putting me, a Dalit trans woman under the same category as a Savarna transgender person, erases their caste privileges. Hence, it is important to have reservations based on caste and gender, so that Dalit trans persons can claim their rightful space,” she said.
Arun Karthik (he/him), a 29-year-old trans man, added, “We are thrown out of our homes with no promising opportunities and are met with open discrimination and sexual atrocities. Even after clearing public examinations, we are not given jobs because of our gender identity. There have been many instances where transgender candidates had to seek legal remedy. A decade ago, trans people protested and got us the right to education. Today we are fighting to ensure that the next generation can work with dignity and job security.”
Though the trans community is still struggling in multiple aspects, research by Duncan Webb, a postdoctoral researcher in development economics at Princeton University, shows that, unlike gay or bisexual individuals, the trans community in India is widely recognized, but they still face rampant discrimination, particularly in employment.
In his paper ‘Silence to Solidarity: How Communication About a Minority Affects Discrimination’, he delves into whether ‘horizontal communication’ – that is, peer-to-peer discussions among majority-group members (in this case, cisgender persons) about a minority group (in this case, transgender individuals) – can help reduce discrimination.
Duncan’s experiment was conducted in Chennai, with 3,397 participants, to assess the discrimination against transgender individuals. Participants were asked to make hiring decisions for grocery delivery workers in a setup where they chose between two options, after watching videos on transgender rights, advocacy, or a neutral topic. Some of these options included transgender workers. The study examined the impact of group discussions and legal awareness on hiring bias. The study revealed that such communication and discussion among individuals significantly reduced discrimination through genuine persuasion, rather than mere virtue signaling.
It is interesting to note that Duncan initially wanted to do the research with gay and bisexual men, but had to pivot due to a lack of social understanding of sexual orientation, lack of language, and ethical concerns. “I was apprehensive about putting gay and bisexual men at risk by exposing them to situations like outing them, that might compromise their safety,” he said.
He also faced difficulties in conveying the concepts of being gay or bisexual, or sexual orientation in general. So, he decided to shift his research towards transgender women, who at that point – despite significant discrimination – had gained limited recognition and acceptance in society.
The Tamil word for transgender women, “Thirunangai”, was introduced officially by former Tamil Nadu Chief Minister M Karunanidhi’s government in 2006. However, words like “orinacherkai” (an offensive term for homosexuality in Tamil) continued to be used to refer to gay or other queer persons.
It was only in 2022 that the Madras High Court approved the word “Thanpaaleerpalar” as a more dignified and inclusive term to refer to gay individuals. This term was part of a glossary for addressing the LGBTQIA+ community, prepared collaboratively by Queer Chennai Chronicles, Orinam, The News Minute, and other individual contributors from the queer community. The glossary was later adopted by the Tamil Nadu government and published in the Tamil Nadu Government Gazette, which was a first-of-its-kind move in the country.
Out or not out? The dilemma of navigating queerness in the workspace
For many queer individuals, being open about their identity at work isn’t always safe or feasible. Reflecting on the struggles of being out in conservative environments, Krishna (they/them), a 30-year-old gay, genderqueer person working as a consultant in the Tamil Nadu School Education Department, said, “Direct conversations around sexuality or orientation rarely come up, even among my heterosexual colleagues. The workplace isn’t overtly conservative, but there’s limited understanding of queer identities. I’d rather avoid bringing it up. However, heteronormativity often surfaces in casual discussions about marriages, families, or relationships, making it clear that non-heterosexual narratives are rarely considered or acknowledged.”
Krishna is also conscious of how disclosing their queer identity might affect their position at work. “As a consultant, I’m already viewed as an outsider. Sharing this part of my identity might add unnecessary complexity to my role and could even lead to misunderstandings or weaken my credibility,” they said. While they haven’t faced direct discrimination, they have encountered subtle biases and prejudiced conversations about the queer community.
In Tamil Nadu, Justice N Anand Venkatesh’s 2021 order in the S Sushma and Anr vs Director General of Police and Ors case mandated that teachers should be trained and sensitised on queer issues. While this is a step forward, Krishna believes lived experience is essential to shaping effective initiatives. “Involving queer-identifying individuals in such programs would make them far more impactful. People with lived experiences of queerness bring unique insights to the table – even if they aren’t publicly out,” they said.
As Krishna works to build credibility among public-sector colleagues with longer tenure, they are mindful of the power dynamics at play. “Building credibility in public service roles, especially as a queer person, requires navigating power structures carefully,” they said, adding that while visibility is crucial for normalising non-normative identities in public service, it shouldn’t come at the cost of individual safety. “The onus of creating an inclusive environment lies with the organisation, not just individuals,” they said.
Uma* (she/her), a 31-year-old pansexual woman and an assistant engineer in the Public Works Department of Tamil Nadu, has chosen to keep her personal life private in her workplace. “I don't want to set a precedent telling them that they can pry into my personal life,” she said. She recounted a story of her former colleague, who was transferred to a low-contact office in 2022, after being open about her lesbian identity. Low-contact offices refer to spaces where the interaction between the general public and workers is the least.
Piyush, on the other hand, spoke about how visibility and company policies helped him come to terms with his identity. Right after the recriminalisation of section 377 in 2013, the corporate sector saw a drastic decrease in discussions involving sexuality and gender identities, but few companies kept going on with their policies.
“When I started working in 2015, I was in denial about my identity. If there had been conversations or initiatives around queerness, it might have helped me accept myself sooner,” he said, adding that DEI policies at his company made a significant difference in his life, as did supportive colleagues and strict anti-discrimination rules.
DEI is a policy mechanism in which systems and processes are created to eliminate barriers in workplaces which previously excluded underrepresented communities. Practices like equity-driven recruitment, targeted training, and supportive employee resource groups are parts of this mechanism. DEI focuses on cultivating a culture where all individuals’ contributions are recognized and valued; this is distinct from affirmative action programs centered on reservations in the Indian public sector.
Since American President Donald Trump’s re-election in 2024, DEI initiatives have seen significant challenges and changes in the United States. On January 20, 2025, Trump signed Executive Order 14151 – “Ending Radical and Wasteful Government DEI Programs and Preferencing” – that mandated the termination of all US government DEI programs and placing related staff on administrative leave, calling DEI initiatives “forced, illegal and immoral discrimination programs.” This was followed by Executive Order 14173 – “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” – which prohibits private organisations from implementing DEI practices in federally contracted jobs. These actions have led several major corporations to scale back or eliminate their DEI commitments, citing legal uncertainties and political pressure.
This recent rollback on DEI initiatives in the United States has raised concerns among the Indian population. According to an article in Economic Times, some American MNCs with operations in India are pausing or modifying their DEI programs due to changes in American policies, leading to uncertainty among their Indian employees.
However, the event of a complete roll-back is unlikely due to BRSR (Business Responsibility and Sustainability Reporting), designed and regulated by SEBI (Securities Exchange Board of India), in effect since 2023.
Tokenism is the driving factor in the private sector
Shyam said that tokenism is a driving factor in more than a few instances in the corporate sector when it comes to queer allyship. “I don’t see significant changes in corporate policies or structure compared to when I was working in the sector. Policies exist on paper but the question is whether they are being implemented. The concerning point is that most times, people from the LGBTQIA+ community are not even involved in policy making.”
He continued that several activities of the corporations are part of their tokenism, including pride celebrations. “Pride celebrations often feel performative. There’s little understanding, even in companies Mist Foundation collaborates with. Are these allies genuinely inclusive, or are they just clapping for appearances? That said, in a country without robust legal protection, even tokenism is important – it creates visibility and representation matters.”
Agreeing that visibility beyond token gestures is crucial, Piyush added, “It is not about more policies but about an ongoing dialogue. It would help if there were regular discussions, not just during June, so that people understand the queer community is larger and more present than they might think.”
Arjun, speaking about structural gaps in leadership diversity and the need for a more diverse and comprehensive leadership board, said, “All-male leadership beards don’t foster inclusivity. On the other hand, women and queer people are seen as more approachable.”
There’s evidence that such representation benefits companies. DEI measures to include queer people in leadership roles are proven to benefit the company as well by driving up the company’s quality and image. McKinsey & Company's 2018 report, True Gen: Generation Z and Its Implications for Companies, highlighted Gen Z consumers’ scrutiny of brands.
“They notice contradictions, like when a brand advertises diversity but doesn’t practice it internally. This scrutiny isn’t limited to Gen Z – 70% of consumers surveyed actively seek to purchase from companies they consider ethical, and 80% recall at least one scandal involving a company. Around 65% of consumers research where and how products are made, and 80% refuse to buy from companies involved in scandals. For businesses, this underscores the importance of genuine DEI practices.”
Krishna however, pointed out that a lot of things count as DEI. “Reservations are DEI measures too. One of the most successful at that. Reservations ensure that the non-dominant communities get access to these spaces. But there is a catch; while cis queer folks can at least pass off as straight and access reservations, most transgender persons don't have this privilege. Due to this, we see a lot of lack in educational and employment opportunities when it comes to the trans community.”
Although India has legally recognised the transgender community as the ‘third gender’ through the NALSA judgement, their demands – especially but not limited to reservation rights and representation – remain largely unfulfilled. It is to be noted that ‘third gender’ is not a term preferred by the community.
Following the judgement, the Supreme Court subsequently recommended that transgender individuals be granted reservations in public employment and education. A decade later, this Supreme Court instruction has yet to be put into practice and has only become a more pressing issue for trans people belonging to further socially marginalised communities. The judgement directed the union and state governments to provide trans people “all kinds of reservation” in admissions to educational institutions and in employment. However, the Transgender Persons (Protection Rights) Act, 2019 does not include a provision for reservations for the transgender community.
In March 2023, the Supreme Court declined a plea submitted by Grace Banu, a transgender rights activist, which sought to clarify that the reservations intended for transgender persons under the 2014 NALSA ruling should be understood as horizontal reservations rather than vertical ones. She pointed out that though the NALSA judgement instructed both the union and state governments to recognise transgender individuals as a socially and educationally backward class and necessitate special provisions in education and public employment, the court did not describe the specifics of how these reservations should be implemented.
She argued that this has led to many states failing to enact such measures thus making the judgement a mere tokenistic appeal. The Transgender Persons Act also doesn't address transgender reservations, despite the 2014 SC NALSA judgement based on their social and educational backwardness.
The need for horizontal reservations is that it would span across all caste categories, allowing for distinct reservations within each vertical category of SC/ST/OBC/General. This would allocate one percent of seats in ST, SC, OBC, and general merit categories specifically for transgender individuals, mirroring the current reservation system for women and persons with disabilities.
Shyam stressed the need for comprehensive research and policies, saying, “Laws are needed across boards in a democratic country. Everybody needs to feel safe. The policies are just sitting as thesis material, in addition to all researchers being based in the US or the West. We need more local-level research(ers) and the research should be accessible to the public too. It is easier to push the policies in private but not in public.”
*Names changed to protect identity.
This story was produced as part of the InQlusive Newsrooms Media Fellowship 2023. InQlusive Newsrooms is a collaborative project by The News Minute and Queer Chennai Chronicles, supported by Google News Initiative, and is working on making the Indian media more LGBTQIA+ sensitive.
Inian (they/them) is a final-year student pursuing a Bachelor's in Aesthetics and Peace Studies at Manipal Academy of Higher Education. They are passionate about storytelling and social justice. They are also deeply interested in discussions focused on queer, gender, and Dalit issues.
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