Homosexuality
    ✔ Legal
    Gay Marriage
    ✖ Unregistered cohabitation
    Censorship
    ✔ No censorship
    Changing Gender
    ✖ Legal, but requires surgery
    Gender-Affirming Care
    ✔ Legal
    Non-Binary Gender Recognition
    ✔ Recognized
    Discrimination
    ✖ Illegal in some contexts
    Employment Discrimination
    ✖ Gender identity only
    Housing Discrimination
    ✖ Gender identity only
    Adoption
    ✖ Single only
    Intersex Infant Surgery
    Varies by Region
    Military
    ✖ Illegal
    Donating Blood
    ✖ Banned (indefinite deferral)
    Conversion Therapy
    Varies by Region
    Age of Consent
    ✔ Equal
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Surveys in India have shown mixed views towards LGBTQ+ rights and issues.

Perception of LGBTQ+ People

Survey results from 14 LGBTQ+ Equaldex users who lived in or visited India.

Overall

Overall

Perceived Safety*

Feel safe being open
Absence of verbal harassment
Absence of threats and violence
*Survey results represent personal perceptions of safety and may not be indicative of current actual conditions.

Equal Treatment

Treatment by peers
Treatment by family
Treatment at work
Treatment at school
Treatment by general public
Treatment by businesses
Treatment by law enforcement
Treatment by religious groups

Visibility & Representation

Inclusion in education
Representation in entertainment
Representation in news
Political support
Out public figures

Culture

Pride/events
Nightlife
Dating life
Interest groups and clubs

Services

Health and wellness
Gender-affirming care
Support and social services
Advocacy and legal

History

Homosexual activity in India

?

Homosexual activity in India is legal.

Current status
Since Sep 6, 2018
Legal
In the Supreme Court case of Navtej Singh Johar v. Union of India, a five-judge Constitutional Bench overturned the Supreme Court's decision in Suresh Kumar Koushal v. Naz Foundation and decriminalized homosexuality by striking down the provisions of Section 377 of the Indian Penal Code that deemed sexual acts between consenting adults as criminal.
Sources:
Navtej Singh Johar v. Union of India (2018) 2018 INSC 790 (Supreme Court of India) [web.archive.org/web/2020070…//main.sci.gov.in/supremecourt/2016/14961/14961_2016_Judgement_06-Sep-2018.pdf]
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Dec 11, 2013–Sep 6, 2018
Illegal (imprisonment as punishment)
In the Supreme Court case of Suresh Kumar Koushal v. Naz Foundation, a two-judge Division Bench overturned the Delhi High Court's decision in Naz Foundation v. Govt. of NCT of Delhi, upholding the constitutionality of Section 377 of the Indian Penal Code, which criminalized same-sex sexual intercourse and carried a penalty of up to 10 years imprisonment.
Sources:
Suresh Kumar Koushal v. Naz Foundation (2013) Civil Appeal No. 10972 of 2013 (Supreme Court of India) [web.archive.org/web/2020090…//main.sci.gov.in/jonew/judis/41070.pdf]
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Jul 2, 2009–Dec 11, 2013
Legal
In the Delhi High Court case of Naz Foundation v. Govt. of NCT of Delhi, a two-judge Division Bench decriminalized homosexuality by striking down the provisions of Section 377 of the Indian Penal Code that deemed sexual acts between consenting adults as criminal.
Sources:
Naz Foundation v. Govt. of NCT of Delhi (2009) Writ Petition (Civil) No.7455 of 2001 (Delhi High Court) [web.archive.org/web/2009082…//lobis.nic.in/dhc/APS/judgement/02-07-2009/APS02072009CW74552001.pdf]
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Jan 1, 1862–Jul 2, 2009
Illegal (imprisonment as punishment)
The Indian Penal Code was enacted by the Imperial Legislative Council, the legislature during British direct rule in India. Section 377 of the Indian Penal Code criminalized same-sex sexual acts and carried a penalty of up to 10 years imprisonment.
Sources:
Indian Penal Code, Act No 45 of 1860 [indiacode.nic.in/handle/123…
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Same-sex marriage in India

?

Same-sex marriage in India is unregistered cohabitation.

Current status
Since Oct 17, 2023
Unregistered cohabitation
In the Supreme Court case of Supriyo @ Supriya Chakraborty v. Union of India, a five-judge Constitutional Bench held that LGBTQ+ persons have the right to choose a partner, cohabit and enjoy physical & mental intimacy, free from physical threat and coercive action. The State is bound to protect the exercise of these rights.
Sources:
Supriyo @ Supriya Chakraborty v. Union of India (2023) 2023 INSC 920 (Supreme Court of India) [web.archive.org/web/2023101…//main.sci.gov.in/supremecourt/2022/36593/36593_2022_1_1501_47792_Judgement_17-Oct-2023.pdf]
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Jun 12, 2020–Aug 16, 2022
Unregistered cohabitation
The Uttarakhand High Court acknowledged that cohabitation and "live-in relationships" are protected by law.
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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.
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Jul 22, 2011–Dec 10, 2013
Ambiguous
There has been an officially recognised female-female marriage
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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.
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Right to change legal gender in India

?

Right to change legal gender in India is legal, but requires surgery.

Current status
Since Dec 5, 2019
Legal, but requires surgery
The Transgender Persons (Protection of Rights) Act, 2019 allows for transgender individuals to change their gender marker to either "male" or "female" only after showing proof of their gender confirmation surgery issued by a medical officer to the District Magistrate. This provision contradicts the Supreme Court decision in 2014. This contradiction has been challenged as unconstitutional in the Indian Supreme Court. As of June 2020, a second petition alleging unconstitutionality has been entered, and will be heard along with the first. Overall, the petitions challenge Sections 4, 5, 6, and 7 of the Act, claiming that they also contradict the Constitution of India. This case is still pending a decision.

Under section 6 of Transgender Persons (Protection of Rights) Act, a trans person may apply to be issued a certificate of identity that certifies that they are transgender (denoted as "Transgender"). Upon receiving this certificate, the applicants have the right to be recorded as transgender in all official documents.
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Apr 15, 2014–Dec 4, 2019
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.
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Gender-affirming care in India

?

Gender-affirming care in India is legal.

Current status
Since Nov 26, 2019
Legal
The Transgender Persons Act, 2019 mandates that the government ensures medical facilities provide care to transgender persons (including for gender-affirmative procedures) and review medical curricula to address the health needs of transgender persons.
Jan 1, 1986–Nov 26, 2019
Restricted
In 1986, India legalized sterilization, which de facto meant legalizing sex reassignment surgery, however, medical records regarding transsexualism had to be obtained abroad.
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Until 1986
Banned
Medical transition is not possible
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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).

LGBT discrimination in India

?

LGBT discrimination in India is illegal in some contexts.

Current status
Illegal in some contexts
In some contexts discrimination is illegal, while in others it’s not.
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Aug 15, 1949–Sep 6, 2018
No protections
No known anti-discrimination protections exist for sexual orientation or gender identity.
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LGBT employment discrimination in India

?

LGBT employment discrimination in India is gender identity only.

Current status
Since Jan 2020
Gender identity only
In India, there is only protections in employment for gender identity.
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LGBT housing discrimination in India

?

LGBT housing discrimination in India is gender identity only.

Current status
Since Jan 1, 2020
Gender identity only
For housing discrimination laws, there are only discrimination protections for a persons gender identity.
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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.
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Intersex infant surgery in India

?

Intersex infant surgery in India is varies by region.

Current status
Since Apr 22, 2019
Varies by Region
Surgery on intersex infants is only banned (excluding life-saving situations) in the state of Tamil-Nadu.

Serving openly in military in India

?

Serving openly in military in India is illegal.

Current status
Illegal
Although homosexuality and gender transition are legal in India, LGBT personnel are not permitted in the military.
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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.
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Conversion therapy in India

?

Conversion therapy in India is varies by region.

Current status
Since Jan 1, 2022
Varies by Region
Conversion therapy is not explicitly prohibited by national law, but medical doctors regulated by the National Medical Council are barred from engaging in them. However, in one region, Tamil Nadu, conversion therapy is explicitly banned by a High Court order.
Aug 2022–Dec 2022
Ambiguous
Since August 2022, the National Medical Council is prohibited from performing conversion therapy's. However, even though they aren't allowed to be performed, it does not mean they are banned.
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Until Aug 2022
Not banned
Before August 2022, there was not a ban on practitioners performing conversion therapy's nor was there a ban on conversion therapy's themselves.
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Equal age of consent in India

?

Equal age of consent in India is equal.

Current status
Since Sep 6, 2018
Equal
The age of consent is equal since decriminalization. In the Supreme Court case of Navtej Singh Johar v. Union of India, a five-judge Constitutional Bench overturned the Supreme Court's decision in Suresh Kumar Koushal v. Naz Foundation and decriminalized homosexuality by striking down the provisions of Section 377 of the Indian Penal Code that deemed sexual acts between consenting adults as criminal.
Sources:
Navtej Singh Johar v. Union of India (2018) 2018 INSC 790 (Supreme Court of India) [web.archive.org/web/2020070…//main.sci.gov.in/supremecourt/2016/14961/14961_2016_Judgement_06-Sep-2018.pdf]
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