LGBT rights in India
Lesbian, gay, bisexual, and transgender (LGBT) rights in India have evolved significantly during the 21st century. Indian LGBT citizens still face social and legal difficulties not experienced by non-LGBT people.
LGBT rights in India | |
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Area controlled by India shown in dark green; claimed but uncontrolled regions shown in light green | |
Status | Homosexuality legal since 2018 (Navtej Singh Johar v. Union of India) |
Gender identity | Transgender people have a constitutional right to change their legal gender and a third gender (non-binary) is recognised. (National Legal Services Authority v. Union of India) |
Military | Openly homosexual people are banned |
Discrimination protections | Sexual orientation and gender identity protections nationwide (see below) |
Family rights | |
Recognition of relationships | Limited cohabitation rights |
Adoption | Adoption by single LGBT people is recognized, but not by same-sex couples |
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There are no legal restrictions against gay sex or gay expression. Same-sex couples have some equal cohabitation rights, colloquially known as live-in relationships. However, India does not currently provide for common law marriages, guardianship, same-sex marriage, civil unions, or issue partnership certificates.
The Transgender Persons (Protection of Rights) Act, 2019 recognizes the right to self-perceived gender identity, and identification documents indicating gender as male or female can be issued by government agencies once a certificate is provided by a relevant medical official. Transgender citizens have a constitutional right to register themselves under a third gender.
Additionally, some states protect hijras, a traditional third gender population in South Asia through housing programmes, and offer welfare benefits, pension schemes, free operations in government hospitals as well as other programmes designed to assist them. There are approximately 480,000 transgender people in India as per Census 2011.
In the 2010s, LGBT people in India increasingly gained tolerance and acceptance. Amidst strong political movements in favour of LGBT rights, people are more accepting of same-sex relationships, with around three out of four Indians supporting them according to a 2019 opinion poll. India is ranked among the most LGBT-friendly countries in the world.