LGBTQIA Rights in India

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In recent years, gay, lesbian, bisexual, and transgender (LGBT) rights in India have progressed rapidly. However, Indian LGBT residents continue to suffer societal and legal challenges that non-LGBT citizens do not face. The government has removed colonial-era regulations that discriminated directly against homosexual and transgender identities, as well as specifically interpreting Article 15 of the Constitution to outlaw discrimination based on sexual orientation and gender identity. However, numerous legal rights, such as same-sex marriage, have been left out. The Supreme Court of India decriminalized consensual gay intercourse in the landmark case of Navtej Singh Johar v. Union of India in 2018, by reading down Section 377 of the Indian Penal Code and removing consenting homosexual sex between adults from its scope.

Despite strong political efforts in favor of LGBT rights, there is still a considerable degree of homophobia in India, with an opinion survey estimating that one out of every four Indians opposes same-sex partnerships. LGBT persons in India received more tolerance and acceptance in the 2010s, particularly in big cities.

Public mentality

According to Ipsos’ online LGBT+ Pride 2021 Global Survey, 59 percent of Indians support LGBT people being open about their sexual orientation or gender identity with everyone, 39 percent support LGBT people displaying affection in public (e.g., kissing or holding hands), 56 percent support openly lesbian, gay, and bisexual athletes in sports teams, and 55 percent support more LGBT chaplains in schools. According to the same survey, 17% of Indians have a homosexual (including gay and lesbian) relative, friend, or work colleague, 21% have a bisexual relative, friend, or work colleague, 10% have a transgender relative, friend, or work colleague, and 12% have a non-binary, non-conforming, or gender-fluid relative, friend, or work colleague.

Current Status

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