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LGBT Rights in India

    Homosexuality
    ✔ Legal
    Gay Marriage
    ✖ Unregistered cohabitation
    Censorship
    ✔ No censorship
    Changing Gender
    ✔ Legal, surgery not required
    Non-binary gender recognition
    ✔ Recognized
    Discrimination
    ✔ Illegal
    Employment Discrimination
    ✔ Sexual orientation and gender identity
    Housing Discrimination
    ✔ Sexual orientation and gender identity
    Adoption
    ✖ Single only
    Military
    ✖ Don't Ask, Don't Tell
    Donating Blood
    ✖ Banned (indefinite deferral)
    Conversion Therapy
    ✔ Banned
    Age of Consent
    ✔ Equal

Surveys in India have shown mixed views towards LGBTQ+ rights and issues.

History

Homosexual activity in India

?

Homosexual activity in India is legal.

Current status
Since Sep 6, 2018
Legal
Just got ruled unconstitutional by the Supreme Court on July 17, 2018. Might be legal in Oct 2018. Section 377 of the Indian Criminal Code is being rewritten. The ban just got struck down today.
Added by Ausyk  ·  0 accurate votes  ·  Report Error  ·  Log

Dec 11, 2013–Sep 6, 2018
Illegal (imprisonment as punishment)
The Delhi High Court ruling, IPC 377, was overruled by the Supreme Court of India. Sexual intercourse between two people of the same sex is illegal, being punishable by up to 10 years imprisonment.
Added by danlev  ·  0 accurate votes  ·  Report Error  ·  Log

Jul 2, 2009–Dec 10, 2013
Legal
Case law overriding Section 377 of the Indian Penal Code
Added by chris  ·  0 accurate votes  ·  Report Error  ·  Log

Same-sex marriage in India

?

Same-sex marriage in India is unregistered cohabitation.

Current status
Since Aug 16, 2022
Unregistered cohabitation
Indian LGBTQ couples are able to obtain some limited rights as a live-in couple. The August 2022 Supreme Court decision Deepika Singh v. Central Administrative Tribunal widened the definition of family.

Familial relationships may take the form of domestic, unmarried partnerships or queer relationships. A household may be a single parent household for any number of reasons, including the death of a spouse, separation, or divorce. Similarly, the guardians and caretakers (who traditionally occupy the roles of the “mother” and the “father”) of children may change with remarriage, adoption, or fostering. These manifestations of love and of families may not be typical but they are as real as their traditional counterparts.

Previously in 2020,the Uttarakhand High Court ruled same-sex couples have a right to unregistered cohabitation, although the ruling did not spread nationally. There was also limited minimal recognition in some jurisdictions of the nation.
Added by SunnyDex  ·  0 accurate votes  ·  Report Error  ·  Log

Jun 12, 2020–Aug 16, 2022
Unregistered cohabitation
The Uttarakhand High Court acknowledged that cohabitation and "live-in relationships" are protected by law.
Added by beeurd  ·  0 accurate votes  ·  Report Error  ·  Log

Dec 11, 2013–Jun 11, 2020
Unrecognized
There are currently several same-sex marriage petitions pending with the courts. On 12 June 2020, the Uttarakhand High Court acknowledged that while same-sex marriage may not be legal, cohabitation and "live-in relationships" are protected by the law.
Added by vviet93  ·  0 accurate votes  ·  Report Error  ·  Log

Jul 22, 2011–Dec 10, 2013
Ambiguous
There has been an officially recognised female-female marriage
Added by chris  ·  0 accurate votes  ·  Report Error  ·  Log

Censorship of LGBT Issues in India

?

Censorship of LGBT Issues in India is no censorship.

Current status
No censorship
In India, there are no laws restricting to discussion or promotion of LGBTQ+ topics.
Added by equaldex  ·  0 accurate votes  ·  Report Error  ·  Log

Right to change legal gender in India

?

Right to change legal gender in India is legal, surgery not required.

Current status
Since Jan 10, 2020
Legal, surgery not required
The Transgender Persons (Protection of Rights) Act, 2019 allows for transgender individuals to change their legal gender from male to female and vice versa. An option for third gender is available without surgery required under the 2014 Supreme Court ruling.
Added by beeurd  ·  0 accurate votes  ·  Report Error  ·  Log

Apr 15, 2014–Jan 9, 2020
Illegal
The Supreme Court of India recognized a third gender that individuals, including transgender persons can choose to identify themselves in official documents without surgery. This ruling does not however allow people to change their gender to male or female.
Added by vviet93  ·  1 accurate vote  ·  Report Error  ·  Log

Legal recognition of non-binary gender in India

?

Legal recognition of non-binary gender in India is recognized.

Current status
Since Apr 15, 2014
Recognized
India's Supreme Court has ruled to recognize a third gender commonly known as hijra. Indian passports display this with the descriptor "O" (other), with other identification documents also availble with "T" (transgender) and "TG" (third gender).
Added by chae  ·  0 accurate votes  ·  Report Error  ·  Log

LGBT discrimination in India

?

LGBT discrimination in India is illegal.

Current status
Since Sep 6, 2018
Illegal
Full discriminiation protections pending for transgender people. Sexual orientation discrimination protection through human rights institute.
Added by Ausyk  ·  0 accurate votes  ·  Report Error  ·  Log

Aug 15, 1949–Sep 6, 2018
No protections
No known anti-discrimination protections exist for sexual orientation or gender identity.
Added by priyanshtiwari1256  ·  0 accurate votes  ·  Report Error  ·  Log

LGBT employment discrimination in India

?

LGBT employment discrimination in India is sexual orientation and gender identity.

Current status
Since Aug 15, 1949
Sexual orientation and gender identity
Transgender discrimination protections pending. Sexual orientation discrimination protection through human rights institute. Full discrimination protections pending.
Added by Ausyk  ·  0 accurate votes  ·  Report Error  ·  Log

LGBT housing discrimination in India

?

LGBT housing discrimination in India is sexual orientation and gender identity.

Current status
Since Aug 15, 1949
Sexual orientation and gender identity
Full discrimination protection pending nationwide.
Added by Ausyk  ·  0 accurate votes  ·  Report Error  ·  Log

Same-sex adoption in India

?

Same-sex adoption in India is single only.

Current status
Single only
Same-sex couples are not permitted to adopt a child in India but single LGBTQ parents are.
Added by danlev  ·  0 accurate votes  ·  Report Error  ·  Log

Serving openly in military in India

?

Serving openly in military in India is don't ask, don't tell.

Current status
Since Sep 6, 2018
Don't Ask, Don't Tell
Despite decriminalizing homosexuality the army still doesn’t allow openly LGBTQ+ people to serve in the military.
Sources:
outlookindia.com/national/e…~:text=Despite%20decriminalisation%20of%20homosexuality%20in,in%20the%20Indian%20armed%20forces.
Added by Jackdude9087  ·  0 accurate votes  ·  Report Error  ·  Log
Current status
Don't Ask, Don't Tell
Illegal for gay Indians to openly serve in the military
Sources:
outlookindia.com/national/e…~:text=Despite%20decriminalisation%20of%20homosexuality%20in,in%20the%20Indian%20armed%20forces.
Added by Ausyk  ·  0 accurate votes  ·  Report Error  ·  Log

May 20, 1950–Sep 6, 2018
Illegal
Article 46 of the Army Act states any "indecent or unnatural acts" are punishable by up to 7 years
Added by vviet93  ·  1 accurate vote  ·  Report Error  ·  Log

Blood donations by MSMs in India

?

Blood donations by MSMs in India is banned (indefinite deferral).

Current status
Since 2017
Banned (indefinite deferral)
Court decision pending.
Added by Ro_Guy  ·  0 accurate votes  ·  Report Error  ·  Log

Conversion therapy in India

?

Conversion therapy in India is banned.

Current status
Since Jun 7, 2021
Banned
On 7 June 2021, in delivering the verdict on this case, Justice N Anand Venkatesh prohibited Conversion Therapy with India becoming only the 2nd country in Asia to ban conversion therapy behind Taiwan
Added by Antinousosiris  ·  0 accurate votes  ·  Report Error  ·  Log

Until Jun 7, 2021
Not banned
Strongly condemned by Indian Psychiatric Society. Not criminalized. Conversion therapy ban pending. Under ruling from the supreme court legalizing of same sex activity.
Added by Ausyk  ·  0 accurate votes  ·  Report Error  ·  Log

Equal age of consent in India

?

Equal age of consent in India is equal.

Current status
Since Apr 2, 2013
Equal
The Criminal Law Act of 2013 raised the age of consent for homosexual sex and heterosexual sex to 18.
Added by vviet93  ·  0 accurate votes  ·  Report Error  ·  Log