LGBT rights in India | |
---|---|
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.[1][2] (National Legal Services Authority v. Union of India) |
Military | Openly homosexual people are banned[3] |
Discrimination protections | Explicit gender identity protections and indirect constitutional protections for sexual orientation (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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Lesbian, gay, bisexual, and transgender (LGBT) rights in India have expanded in the 21st century, although Indian LGBT citizens still face legal and social challenges not experienced by non-LGBT people. Much of India's advancements on LGBT rights have primarily come from the judiciary and not the legislature. [4]
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.[5][6] However, India does not currently provide for common law marriages, same-sex marriage, civil unions, guardianship or issue partnership certificates.[7][8][9]
The Transgender Persons (Protection of Rights) Act, 2019 recognizes the right to self-perceived gender identity, and new identification documents confirming the change of gender can be issued by government agencies once a certificate is provided by a relevant medical official.[10] Transgender citizens have a constitutional right to register themselves under a third gender.[11]
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.[12][13][14]
Since the 2010s, LGBT people in India have increasingly gained tolerance and acceptance in society,[15] with a 2023 Pew Research Center poll finding that 53% of Indians supported the legalisation of same-sex marriage, while 43% were opposed.[16]
The ruling government of the BJP/NDA's position on recognition of same-sex relationships is to address the "human concerns" about same-sex couples within the context of Hinduism while opposing any form of civil unions. The Indian National Congress party manifesto promised to hold a discussion to enact same-sex civil unions if they gain control of the Lok Sabha with the 2024 Indian general election. Two government sources stated that the recognition of same-sex relationships would require backing from all religious groups in India.[17][18]
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