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LGBT Rights in Gujarat State

Gujarat is governed by federal India law. Learn more
    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
    ✖ Don't Ask, Don't Tell
    Donating Blood
    ✖ Banned (indefinite deferral)
    Conversion Therapy
    ✔ Banned
    Age of Consent
    ✔ Equal

Public Opinion

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History

Homosexual activity in Gujarat

?

Homosexual activity in Gujarat 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]
Added by Ausyk  ·  1 accurate vote  ·  Report Error  ·  Log

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]
Added by danlev  ·  1 accurate vote  ·  Report Error  ·  Log

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]
Added by chris  ·  1 accurate vote  ·  Report Error  ·  Log

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…
Added by sushilkumarprem  ·  1 accurate vote  ·  Report Error  ·  Log

Same-sex marriage in Gujarat

?

Same-sex marriage in Gujarat 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]
Added by SunnyDex  ·  1 accurate vote  ·  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  ·  1 accurate vote  ·  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  ·  1 accurate vote  ·  Report Error  ·  Log

Jul 22, 2011–Dec 10, 2013
Ambiguous
There has been an officially recognised female-female marriage
Added by chris  ·  1 accurate vote  ·  Report Error  ·  Log

Censorship of LGBT Issues in Gujarat

?

Censorship of LGBT Issues in Gujarat is no censorship.

Current status
No censorship
In India, there are no laws restricting to discussion or promotion of LGBTQ+ topics.
Added by equaldex  ·  1 accurate vote  ·  Report Error  ·  Log

Right to change legal gender in Gujarat

?

Right to change legal gender in Gujarat 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.
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 Gujarat

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Legal recognition of non-binary gender in Gujarat 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  ·  2 accurate votes  ·  Report Error  ·  Log

LGBT discrimination in Gujarat

?

LGBT discrimination in Gujarat 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  ·  1 accurate vote  ·  Report Error  ·  Log

LGBT employment discrimination in Gujarat

?

LGBT employment discrimination in Gujarat 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 Gujarat

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LGBT housing discrimination in Gujarat 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 Gujarat

?

Same-sex adoption in Gujarat 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 Gujarat

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Serving openly in military in Gujarat 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  ·  1 accurate vote  ·  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 Gujarat

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

Current status
Since 2017
Banned (indefinite deferral)
Court decision pending.
Added by Ro_Guy  ·  2 accurate votes  ·  Report Error  ·  Log

Conversion therapy in Gujarat

?

Conversion therapy in Gujarat 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  ·  2 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  ·  1 accurate vote  ·  Report Error  ·  Log

Equal age of consent in Gujarat

?

Equal age of consent in Gujarat 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]
Added by vviet93  ·  0 accurate votes  ·  Report Error  ·  Log