Area controlled by India shown in dark green; claimed but uncontrolled regions shown in light green
Status
Homosexuality legal since 2018 (Navtej Singh Johar v. Union of India)
Gender identity
Transgender people have a constitutional right to change their legal gender and a third gender (non-binary) is recognised.[1][2] (National Legal Services Authority v. Union of India)
Military
Openly homosexual people are banned[3]
Discrimination protections
Explicit gender identity protections and indirect constitutional protections for sexual orientation (see below)
Family rights
Recognition of relationships
Limited cohabitation rights
Adoption
Adoption by single LGBT people is recognized, but not by same-sex couples
Part of a series on
LGBT rights
Lesbian ∙ Gay ∙ Bisexual ∙ Transgender
Overview
Rights
Movements
Student
Germany (pre-1933)
United States
Intersex rights
Social attitudes
Transgender rights
Legal status
Movement
Aspects
Decriminalization
Marriage
Legal status
Timeline
Migration
Military service
Organizations
List
Parenting
Adoption
Pinkwashing
Relationship
Recognition
Union
Opposition
Censorship
Conversion therapy
Corrective rape
Discrimination
Criminalization of homosexuality
Execution
Opposition
Propaganda
Rhetoric
Violence
Organizations
LGBT
Bisexual
Intersex
Community centre
Medical
Military and Veteran
Rights
Transgender
United States
Religious
Christian
Jewish
Muslim
Politics
Anarchist
Bisexual politics
Communism
Conservatism
Ecology
Homonationalism
Liberation
Libertarianism
Nationalism
Radicalism
Sexual revolution
Socialism
Transfeminism
Political parties affiliates
Political ideologies regarding LGBT
Timeline
Years
List
Category
Related
Discrimination
Freedom Index
Human rights
Minority rights
LGBT people in prison
LGBT portal
v
t
e
Lesbian, gay, bisexual, and transgender (LGBT) rights in India have expanded in the 21st century, though much of India's advancements on LGBT rights have come from the judiciary and not the legislature. Indian LGBT citizens still face social and legal difficulties not experienced by non-LGBT people.[4]
There are no legal restrictions against gay sex or gay expression. Same-sex couples have some equal cohabitation rights, colloquially known as live-in relationships.[5][6]
However, India does not currently provide for common law marriages, same-sex marriage, civil unions, guardianship or issue partnership certificates.[7][8][9]
The Transgender Persons (Protection of Rights) Act, 2019 recognizes the right to self-perceived gender identity, and new identification documents confirming the change of gender can be issued by government agencies once a certificate is provided by a relevant medical official.[10] Transgender citizens have a constitutional right to register themselves under a third gender.[11]
Additionally, some states protect hijras, a traditional third gender population in South Asia through housing programmes, and offer welfare benefits, pension schemes, free operations in government hospitals as well as other programmes designed to assist them. There are approximately 480,000 transgender people in India as per Census 2011.[12][13][14]
In the 2010s, LGBT people in India increasingly gained tolerance and acceptance.[15]
An early-2023 Pew Research poll found public support of same-sex marriage at 53% to 43% (with 4% N/A).[16]
The ruling government of the BJP/NDA's position on recognition of same-sex relationships is to address the "human concerns" about same-sex couples within the context of Hinduism by providing equal financial and legal rights. The Indian National Congress party manifesto promised to hold a discussion to enact same-sex civil unions if they gain control of the Lok Sabha with the 2024 Indian general election.The sources stated that the recognition of same-sex relationships would require the backing from all religious groups.[17][18]
^"Global Human Rights Defence". Ghrd.org. Archived from the original on 13 November 2020. Retrieved 26 January 2021.
^"National Legal Services Authority v. Union of India" (PDF). Archived from the original (PDF) on 27 May 2014. Retrieved 11 July 2014.
^Gurung, Shaurya Karanbir (11 January 2019). "Homosexuality and adultery unacceptable in Army: Bipin Rawat". The Economic Times. ISSN 0013-0389. Retrieved 16 May 2023.
^"LGBTQIA+ and their situation in India". The Times of India. ISSN 0971-8257. Retrieved 1 March 2024.
^Cite error: The named reference ThePrint2020 was invoked but never defined (see the help page).
^Pandey, Geeta (16 October 2023). "Same-sex marriage: India awaits historic Supreme Court verdict". BBC News. Retrieved 16 October 2023.
^Mathur, Vaishali (June 2020). "Homosexual Live-in relationship in India: Socio Legal Dimension in reference to Right to life or Social stigma". International Journal of Psychosocial Rehabilitation. 24 (8): 14989–14995. ISSN 1475-7192.
^"Indian High Court Reaffirms Same-sex Couples' Right to Cohabitation". Human Rights Pulse. 9 August 2020. Retrieved 5 January 2024.
^Kelleher, Patrick (18 October 2023). "India's LGBTQ+ community 'must demand' equality, following crushing same-sex marriage blow". PinkNews. Retrieved 18 October 2023.
^"Guide on the Rights of Transgender Persons in India". Nyaaya. Retrieved 16 November 2022.
^Vakoch, Douglas A., ed. (2022). Transgender India: Understanding Third Gender Identities and Experiences. Cham, Switzerland: Springer. doi:10.1007/978-3-030-96386-6. ISBN 978-3-030-96385-9. S2CID 213383859.
^Cite error: The named reference bill was invoked but never defined (see the help page).
^"India: Prosecute Rampant 'Honor' Killings". Human Rights Watch. 18 July 2010.
^Patel, Rashmi (27 August 2016). "Being LGBT in India: Some home truths". Livemint.com.
^"Hundreds of gay rights activists join pride march in Delhi". ABC. 12 November 2017. Archived from the original on 12 November 2017. Retrieved 10 May 2021.
^[1]
^Cite error: The named reference :3 was invoked but never defined (see the help page).
^Cite error: The named reference :4 was invoked but never defined (see the help page).
and 28 Related for: LGBT rights in India information
bisexual, and transgender (LGBT) rightsinIndia have expanded in the 21st century, though much of India's advancements on LGBTrights have come from the judiciary...
Zealand, New Zealand Human Rights Commission uses "Rights of Sexual and Gender Minorities" to discuss the LGBTrights. InIndia, the Constitutional Bench...
Court ruling in Navtej Singh Johar v. Union of India. In addition, numerous LGBT-related events have been held across Kerala, including in Kochi and Thiruvananthapuram...
and transgender (LGBT) rightsin Tamil Nadu are the most progressive among all states of India. Tamil Nadu was the first state inIndia to introduce a transgender...
importance in Indonesia for social harmony leads to an emphasis on duties over rights, meaning that human rights broadly, including LGBTrights, are very...
school curricula, and gender identity discrimination" in South Korean schools. On LGBTrights, South Korea is an outlier among other developed democracies...
transgender (LGBT) rightsin France are progressive by world standards. Although same-sex sexual activity was a capital crime that often resulted in the death...
Lesbian, gay, bisexual, and transgender (LGBT) people in Myanmar face severe challenges not experienced by non-LGBT residents. Same-sex sexual activity is...
towards LGBTrights have evolved radically in the 21st century. In the 19th and 20th century, communist parties and Marxist–Leninist states varied on LGBT rights;...
Rights affecting lesbian, gay, bisexual, and transgender (LGBT) people vary greatly by country or jurisdiction—encompassing everything from the legal recognition...
level to protect LGBTrights nationwide, with some parts of the country only existing on a local government level. LGBT individuals in the Philippines...
LGBTrights opposition is the opposition to legal rights, proposed or enacted, for lesbian, gay, bisexual, and transgender (LGBT) people. Laws that LGBT...
transgender (LGBT) rightsin Nepal have evolved significantly during the 21st century, though barriers to full equality still exist within the nation. In 2007...
Hindu group backs LGBTrightsinIndia". Reuters. Retrieved 2023-01-28. Vanita, Ruth; Kidwai, Saleem (2001). Same-Sex Love inIndia: Readings from Literature...
LGBT portal Bangladesh portal Wikimedia Commons has media related to LGBTrightsin Bangladesh. Human rightsin Bangladesh LGBTrightsin Asia LGBT history...
represents all LGBT people and their interests, numerous LGBTrights organizations are active worldwide. The first organization to promote LGBTrights was the...
This is a list of LGBTrights organizations around the world. For social and support groups or organizations affiliated with mainstream religious organizations...
transgender (LGBT) rights are complex in Asia, and acceptance of LGBT persons is generally low. Same-sex sexual activity is outlawed in at least twenty...
In the United States, public opinion and jurisprudence on lesbian, gay, bisexual, and transgender (LGBT) rights have developed significantly since the...
The rights of lesbian, gay, bisexual, and transgender (LGBT) people in Singapore have evolved over the decades. Same-sex sexual activity is legal for both...
bisexual, and transgender (LGBT) rightsin Portugal are among the most advanced in the world; having improved substantially in the 21st century. After a...
The rights of lesbian, gay, bisexual, and transgender (LGBT) people in the United Kingdom of Great Britain and Northern Ireland have developed significantly...
A list of notable LGBTrights activists who have worked to advance LGBTrights by political change, legal action or publication. Ordered by country, alphabetically...
Lesbian, gay, bisexual, and transgender (LGBT) people in Pakistan face legal and social difficulties compared to non-LGBT persons. Pakistani law prescribes criminal...
transgender (LGBT) people generally have limited or highly restrictive rightsin most parts of the Middle East, and are open to hostility in others. Sex...
gay, bisexual, and transgender (LGBT) persons in Jamaica face legal and social issues not experienced by non-LGBT people. Consensual sexual intercourse...
Lesbian, gay, bisexual, and transgender (LGBT) people in Kenya face significant challenges not experienced by non-LGBT residents. Sodomy is a felony per Section...
certificates. InIndia, same-sex couples have limited rights to cohabitation. In China, no explicit legal protections against discrimination for LGBT individuals...