Homosexuality in India

Homosexuality in India has been documented and discussed in various artworks and literary works since ancient times and continues to be a major discussion point as LGBTQ rights are advanced in modern politics. Homosexuality is legally permitted in India, though same-sex unions only have limited recognition.

Estimates on the LGBTQ population vary, with the Government of India submitting a figure of "at least 2.5 million" in 2012 based of self-declaration, and with activists estimating a figure of around 125 million people. Ipsos released a survey conducted between 23 April and 7 May 2022 which showed that just under 30% identified with the LBGTQ community.

On 7 September 2018, a 5-judge constitutional bench of Supreme Court of India invalidated part of Section 377 of the Indian Penal Code, hence making homosexuality legal in India. In striking down the colonial-era law that made gay sex punishable by up to 10 years in prison, one judge said the landmark decision would "pave the way for a better future".

However other parts of Section 377 were not struck down, and were the only parts of the penal code that could be used to prosecute homosexual rape of adults. With the replacement of the Indian Penal Code by the Bharatiya Nyaya Sanhita in December 2023, there is no longer any language equivalent to Section 377, and as a result homosexual rape ceased to be illegal throughout India.

Homophobia is prevalent in India. Public discussion of homosexuality in India has been inhibited by the fact that sexuality in any form is rarely discussed openly. In recent years, however, attitudes towards homosexuality have shifted slightly. In particular, there have been more depictions and discussions of homosexuality in the Indian media and cinema. Before striking down the colonial-era law several organisations have expressed support for decriminalising homosexuality in India, and pushed for tolerance and social equality for lesbian, gay, bisexual, transgender, queer people, and others with marginalised identities traditional to India. India is among countries with a social element of a third gender. Mental, physical, emotional and economic violence against the LGBT community in India remains a problem. Lacking support from family, society or police, many gay rape victims do not report the crimes.

According to Equaldex, India receives a score of 66 out of 100 in LGBT rights. For reference, the only country in Asia with a higher score is neighbouring Nepal with a score of 70