- Homosexuality
- ⚢✔ Legal
- Gay Marriage
- ⚭✖ Unregistered cohabitation
- Censorship
- ✔ No censorship
- Changing Gender
- ✔ Legal, but requires surgery
- 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
- ✔ Legal
- Donating Blood
- ✖ Banned (indefinite deferral)
- Conversion Therapy
- ✔ Banned
- Age of Consent
- ✔ Equal
Suggest Public Opinion Data
Until Jun 7, 2021
Public Opinion
Views on same-sex marriage or other legal recognition
Ranked #23 out of 27 regions surveyed. (Source: Ipsos, April–May, 2021)
(18%) Against
Support (58%)
Views on same-sex couples' right to adopt
Ranked #12 out of 27 regions surveyed. (Source: Ipsos, April–May, 2021)
(21%) Disagree
Agree (66%)
"Should society accept homosexuality?" (2019)
Ranked #22 out of 34 regions surveyed. (Source: Pew Research Center, May–October, 2019)
Question: "Should society accept homosexuality?"
(37%) No
Yes (37%)
Perceived Acceptance of Gay People
Ranked #49 out of 119 regions surveyed. (Source: Gallup, 2013)
Question: "Is the city or area where you live a good place or not a good place for homosexuals?"
(43%) Not a good place
Good place (26%)
History
Homosexual activity in India is legal.
Current status
Since Sep 6, 2018
Since 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.
Same-sex marriage in India is unregistered cohabitation.
Current status
Since Jun 12, 2020
Since Jun 12, 2020
Unregistered cohabitation
The Uttarakhand High Court acknowledged that cohabitation and "live-in relationships" are protected by law.
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.
Varies by Region
Gay marriage and gay union legalization pending. Civil Union legalization pending.
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.
Right to change legal gender in India is legal, but requires surgery.
Current status
Since Jan 10, 2020
Since Jan 10, 2020
Legal, but requires surgery
Legal, surgery not required
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.
Legal recognition of non-binary gender in India is recognized.
Current status
Since Apr 15, 2014
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 is illegal.
Current status
Since Sep 6, 2018
Since Sep 6, 2018
Illegal
Full discriminiation protections pending for transgender people. Sexual orientation discrimination protection through human rights institute.
LGBT employment discrimination in India is sexual orientation and gender identity.
Current status
Since Aug 15, 1949
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.
LGBT housing discrimination in India is sexual orientation and gender identity.
Current status
Since Aug 15, 1949
Since Aug 15, 1949
Sexual orientation and gender identity
Full discrimination protection pending nationwide.
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.
Blood donations by MSMs in India is banned (indefinite deferral).
Current status
Since 2017
Since 2017
Banned (indefinite deferral)
Court decision pending.
Conversion therapy in India is banned.
Current status
Since Jun 7, 2021
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
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.
LGBT Rights by State
View the LGBT laws in each individual state of India.
- Andhra Pradesh
- Arunachal Pradesh
- Assam
- Bihar
- Chhattisgarh
- Goa
- Gujarat
- Haryana
- Himachal Pradesh
- Jammu and Kashmir
- Jharkhand
- Karnataka
- Kerala
- Madhya Pradesh
- Maharashtra
- Manipur
- Meghalaya
- Mizoram
- Nagaland
- Orissa
- Punjab
- Rajasthan
- Sikkim
- Tamil Nadu
- Tripura
- Uttar Pradesh
- Uttaranchal
- West Bengal
- Andaman and Nicobar Islands (Union Territory)
- Chandigarh (Union Territory)
- Dadra and Nagar Haveli (Union Territory)
- Daman and Diu (Union Territory)
- Delhi (Union Territory)
- Lakshadweep (Union Territory)
- Pondicherry (Union Territory)
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