In the Indian subcontinent, hijra are transgender, intersex, or eunuch people who live in communities that follow a kinship system known as the guru-chela system. They are also known as aravani and aruvani, and in Pakistan, khawaja sira.
Section 377 is a British colonial penal code that criminalized all sexual acts "against the order of nature". The law was used to prosecute people engaging in oral and anal sex along with homosexual activity. As per a Supreme Court Judgement since 2018, the Indian Penal Code Section 377 is used to convict non-consensual sexual activities among homosexuals with a minimum of ten years’ imprisonment extended to life imprisonment. It has been used to criminalize third gender people, such as the apwint in Myanmar. In 2018, then British Prime Minister Theresa May acknowledged how the legacies of such British colonial anti-sodomy laws continue to persist today in the form of discrimination, violence, and even death.
Homosexuality in India is socially permitted by 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.
Manvendra Singh Gohil is an Indian prince, being the son and probable heir of the honorary Maharaja of Rajpipla. He is considered to be the first openly gay prince in the world, and he is known for being one of India's foremost LGBT activists. He runs a charity, the Lakshya Trust, which works with the LGBT community.
Lesbian, gay, bisexual, and transgender (LGBTQ) people in Bangladesh face widespread social and legal challenges not experienced by non-LGBT people.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Somalia face severe challenges not experienced by non-LGBTQ residents. Consensual same-sex sexual activity is illegal for both men and women. In areas controlled by al-Shabab, and in Jubaland, capital punishment is imposed for such sexual activity. In other areas, where Sharia does not apply, the civil law code specifies prison sentences of up to three years as penalty. LGBTQ people are regularly prosecuted by the government and additionally face stigmatization among the broader population. Stigmatization and criminalisation of homosexuality in Somalia occur in a legal and cultural context where 99% of the population follow Islam as their religion, while the country has had an unstable government and has been subjected to a civil war for decades.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Eswatini have limited legal rights. According to Rock of Hope, a Swati LGBTQ advocacy group, "there is no legislation recognising LGBTIs or protecting the right to a non-heterosexual orientation and gender identity and as a result [LGBTQ people] cannot be open about their orientation or gender identity for fear of rejection and discrimination." Homosexuality is illegal in Eswatini, though this law is in practice unenforced. According to the 2021 Human Rights Practices Report from the US Department of State, "there has never been an arrest or prosecution for consensual same-sex conduct."
Lesbian, gay, bisexual, and transgender (LGBTQ) rights in Nepal have expanded in the 21st century, though much of Nepal's advancements on LGBT rights have come from the judiciary and not the legislature. Same-sex sexual acts have been legal in Nepal since 2007 after a ruling by the Supreme Court of Nepal.
Lesbian, gay, bisexual, and transgender (LGBT) people in Sierra Leone face legal challenges not experienced by non-LGBTQ residents. Male same-sex sexual activity is illegal in Sierra Leone and carries a possible penalty of life imprisonment, although this law is seldom enforced.
Naz Foundation v. Govt. of NCT of Delhi (2009) is a landmark Indian case decided by a two-judge bench of the Delhi High Court, which held that treating consensual homosexual sex between adults as a crime is a violation of fundamental rights protected by India's Constitution. The verdict resulted in the decriminalization of homosexual acts involving consenting adults throughout India. This was later overturned by the Supreme Court of India in Suresh Kumar Koushal vs. Naz Foundation, in which a 2 judge bench reinstated Section 377 of the Indian Penal Code. However, even that was overturned by a 5 judge bench in Navtej Singh Johar v. Union of India in 2018, decriminalizing homosexuality once again.
The Naz Foundation (India) Trust is a non-governmental organisation (NGO) in that country that works on HIV/AIDS and sexual health. It is based in the Indian capital of New Delhi.
LGBTQ people are well documented in various artworks and literary works of Ancient India, with evidence that homosexuality and transsexuality were accepted by the major dharmic religions. Hinduism and the various religions derived from it were not homophobic and evidence suggests that homosexuality thrived in ancient India until the medieval period. Hinduism describes a third gender that is equal to other genders and documentation of the third gender are found in ancient Hindu and Buddhist medical texts. The term "third gender" is sometimes viewed as a specifically South Asian term, and this third gender is also found throughout South Asia and East Asia.
Humsafar Trust is an NGO in Mumbai that promotes LGBT rights. Founded by Ashok Row Kavi, Suhail Abbasi, and Sridhar Rangayan in 1994, it is one of the largest and most active of such organisations in India. It provides counselling, advocacy and healthcare to LGBT communities and has helped reduce violence, discrimination and stigma against them. Humsafar Trust is the convenor member of Integrated Network for Sexual Minorities (INFOSEM).
Anjali Gopalan is an Indian human rights and animal rights activist. She is the founder and executive director of The Naz Foundation Trust.
This is a timeline of notable events in the history of non-heterosexual conforming people of South Asian ancestry, who may identify as LGBTIQGNC, men who have sex with men, or related culturally-specific identities such as Hijra, Aravani, Thirunangaigal, Khwajasara, Kothi, Thirunambigal, Jogappa, Jogatha, or Shiva Shakti. The recorded history traces back at least two millennia.
AIDS Bhedbhav Virodhi Andolan was the first HIV/AIDS activist movement in India founded in 1988 in New Delhi. The group received popular recognition with the publication of its pioneering report "Less than Gay" in 1991. Through this report, ABVA advocated for civil rights of LGBTQ people to include same sex marriage, LGBT parenting, and the decriminalization of homosexuality through the repeal of Section 377 of the Indian Penal Code. In 1994, ABVA filed the first petition challenging the constitutionality of Section 377 in the Delhi High Court, in order to challenge prison authorities' ban on condom distribution.
Tamil sexual minorities are Tamil people who do not conform to heterosexual gender norms. They may identify as LGBTQIA. It has been estimated that India has a population of 2.5 million homosexuals, though not all of them are Tamil, and not all Tamils live in India.
Navtej Singh Johar &Ors. v. Union of India thr. Secretary Ministry of Law and Justice (2018) is a landmark decision of the Supreme Court of India that decriminalised all consensual sex among adults, including homosexual sex.
The health access and health vulnerabilities experienced by the lesbian, gay, bisexual, transgender, queer or questioning, intersex, asexual (LGBTQIA) community in South Korea are influenced by the state's continuous failure to pass anti-discrimination laws that prohibit discrimination based on sexual orientation and gender identity. The construction and reinforcement of the South Korean national subject, "kungmin," and the basis of Confucianism and Christian churches perpetuates heteronormativity, homophobia, discrimination, and harassment towards the LGBTQI community. The minority stress model can be used to explain the consequences of daily social stressors, like prejudice and discrimination, that sexual minorities face that result in a hostile social environment. Exposure to a hostile environment can lead to health disparities within the LGBTQI community, like higher rates of depression, suicide, suicide ideation, and health risk behavior. Korean public opinion and acceptance of the LGBTQI community have improved over the past two decades, but change has been slow, considering the increased opposition from Christian activist groups. In South Korea, obstacles to LGBTQI healthcare are characterized by discrimination, a lack of medical professionals and medical facilities trained to care for LGBTQI individuals, a lack of legal protection and regulation from governmental entities, and the lack of medical care coverage to provide for the health care needs of LGBTQI individuals. The presence of Korean LGBTQI organizations is a response to the lack of access to healthcare and human rights protection in South Korea. It is also important to note that research that focuses on Korean LGBTQI health access and vulnerabilities is limited in quantity and quality as pushback from the public and government continues.
Male prostitution in Bangladesh is not recognized in any official capacity within the country’s laws and penal code. Despite this, many Bangladeshi men engage in the practice of selling their bodies and selling sex. In most instances, male prostitutes sell their bodies to female clients. But, there are also male prostitutes have sexual encounters with male clients. As Bangladesh is a majority Muslim and socially conservative country, homosexuality is typically discouraged and considered taboo. These negative attitudes towards homosexuality often force male sex workers to be extremely covert. Stigma surrounding male sex work and homosexuality also means that boys who are sex trafficked in Bangladesh are hard to identify and protect under Bangladeshi laws, male sex work is limited to less policed venues, and health outreach to the male sex worker population is extremely difficult.
