Homosexuality in India

Homosexuality in India is legally permitted and tolerated by the most of the traditional native philosophies of the nation, and legal rights continue to be advanced in mainstream politics and regional politics. Homosexual cohabitation is also legally permitted and comes with some legal protections and rights.

There is substanial evidence that homosexuality was abundant in ancient society, and various artworks and literary works attest to the tolerant and even supportive attitudes of Indians towards people engaged in homosexual acts. Discrimination against homosexuality was largely imported from the western world, through Islam and the Christian-derived morality during European colonialism, starting in the second millenium and ultimately culiminating in the 17th century Fatawa-e-Alamgiri of the Mongol Empire and the 17th century Indian Penal Code of the British Empire.

After a nine year period of legal battles, a part of the Section 377 of the Indian Penal Code was eventually struck down by the Supreme Court of India on the 7th September 2018, making homosexual sex legal again. 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.

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.

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.