LGBTQ rights in India

LGBTQ rights in India
Area controlled by India shown in dark green; disputed regions shown in light green
Legal statusHomosexuality legal since 2018
(Navtej Singh Johar v. Union of India)
Gender identityTransgender 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)
MilitaryOpenly homosexual people are banned
Discrimination protectionsExplicit gender identity protections and indirect constitutional protections for sexual orientation (see below)
Family rights
Recognition of relationships
AdoptionAdoption by single LGBT people is recognised, but not by same-sex couples

Lesbian, gay, bisexual, transgender and queer (LGBTQ) rights in India have expanded in the 21st century, although much of India's advancements on LGBT rights have come from the judiciary and not the legislature. LGBTQ people in India face legal and social challenges not experienced by non-LGBTQ people. There are no legal restrictions on sex between men or between women. Same-sex couples have some limited cohabitation rights, colloquially known as live-in relationships. However, India does not currently provide for common-law marriage, same-sex marriage, civil union or unregistered cohabitation.

The Transgender Persons (Protection of Rights) Act, 2019 recognises 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.

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. The 2011 census recorded approximately 480,000 transgender people in India.

Since the 2010s LGBTQ people in India have been increasingly tolerated and accepted. A poll in 2023 by Pew Research Center found that 53% of Indians supported the legalisation of same-sex marriage, while 43% were opposed. According to research in 2024, 79% of gay men and 44% of bisexual men have experienced verbal abuse or physical violence. Muslim respondents were 2.6 times more likely to face violence compared to respondents whose religion was Hindu, and respondents who were out about their sexuality in public were five times more likely to face violence than those who were not.