LGBT rights in India
Lesbian, gay, bisexual, and transgender (LGBT) rights in India have expanded in the 21st century, though much of India's advancements on LGBT rights have come from the judiciary and not the legislature. 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 | 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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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, same-sex marriage, civil unions, guardianship or issue partnership certificates.
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. 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. An early-2023 Pew Research poll found public support of same-sex marriage at 53% to 43% (with 4% N/A).
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 by providing equal financial and legal rights. 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.The sources stated that the recognition of same-sex relationships would require the backing from all religious groups.