The Indian Penal Code (IPC) was the official criminal code in the Republic of India, inherited from British India after independence, until it was repealed and replaced by Bharatiya Nyaya Sanhita (BNS) in December 2023, which came into effect on 1 July 2024. It was a comprehensive code intended to cover all substantive aspects of criminal law. The code was drafted on the recommendations of the first Law Commission of India established in 1834 under the Charter Act of 1833 under the chairmanship of Thomas Babington Macaulay. It came into force in the subcontinent during the British rule in 1862. However, it did not apply automatically in the Princely states, which had their own courts and legal systems until the 1940s. While in force, the IPC was amended several times and was supplemented by other criminal provisions.
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.
Lesbian, gay, bisexual, and transgender (LGBTQ) people in India face legal and social challenges not experienced by non-LGBT people. There are no legal restrictions against gay sex or gay expression within India. Same-sex couples have some limited 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.
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.
India has a long and ancient tradition of culture associated with the LGBTQ community, with many aspects that differ markedly from modern liberal western culture.
Anjali Gopalan is an Indian human rights and animal rights activist. She is the founder and executive director of The Naz Foundation Trust.
Queer Azaadi Mumbai Pride March, also called Queer Azaadi March and Mumbai pride march, is an annual LGBTQIA pride parade that is held in the city of Mumbai, capital of Maharashtra, India. It usually begins from Gowalia Tank ending at Girgaum Chowpatty. It, along with the Pride Week, is organized by Queer Azaadi Mumbai, a collective of organizations and individuals working for the rights of LGBTQIA community. The participants of the march include people from the LGBTQIH community as well their "straight allies", from India and outside. In addition to being a celebration of queer pride, the pride march and related events are a platform to ask for equal rights.
Delhi Queer Pride Parade is organised by members of the Delhi Queer Pride Committee every last Sunday of November since 2008. The queer pride parade is a yearly festival to honour and celebrate lesbian, gay, bisexual and transgender people, and their supporters. The parade usually runs from Barakhamba Road to Tolstoy Marg to Jantar Mantar.
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.
Orinam is a non-funded, social, and activist collective that works to enhance understanding of alternate sexualities and gender identities among families, communities and society. It was founded in 2003 in Chennai under the name MovenPick and is one of the oldest collective of its kind in India. People affiliated with Orinam are from or trace their ancestry to the following geo-cultural: People of Tamil Origin from Tamil Nadu, India. Orinam provides a platform for creative expression, personal and social commentary by Queer people of Tamil Origin and of Indian Origin primarily. Orinam also acts as a local support group in Chennai for the queer community. Orinam also partners with the city-, state- and national initiatives around decriminalisation of homosexuality by amending Section 377 of the Indian Penal Code and LGBTQ rights.
The Chennai Rainbow Pride March has been held by members of Tamil Nadu LGBTIQA+ communities every June since 2009. The pride march is organised under the banner Tamil Nadu Rainbow Coalition, which is a collective of LGBT individuals, supporters, and organizations working on human rights and healthcare for the LGBTQIA community. The Pride March occurs on the final Sunday of June every year. The Pride March is usually preceded by a month-long series of events organized by NGOs and organizations to inculcate awareness and support for the LGBTQ community, such as panel discussions, film screenings, and cultural performances. The Chennai Vaanavil Suyamariyadhai Perani a.k.a. Chennai Rainbow Self-Respect March is known for being inter-sectional in nature as it addresses issues with multiple axes such as caste, class, religion coupled with gender discrimination.
Lesbian, gay, bisexual and transgender (LGBT) people in Kerala face legal and social difficulties not experienced by non-LGBT persons. However, Kerala has been at the forefront of LGBT issues in India after Tamil Nadu. It became one of the first states in India to establish a welfare policy for the transgender community and in 2016, proposed implementing free gender affirmation surgery through government hospitals. Same-sex sexual activity has been legal since 2018, following the Supreme Court ruling in Navtej Singh Johar v. Union of India. In addition, numerous LGBT-related events have been held across Kerala, including in Kochi and Thiruvananthapuram. However, there is also increasing opposition to LGBT rights recently as evidenced by the anti-LGBT campaigns spearheaded by meninist groups and Muslim organisations like Indian Union Muslim League, Samastha and Jamaat-e-Islami.
Suresh Kumar Koushal &Anr. v. NAZ Foundation &Ors.(2013) is a case in which a 2 judge Supreme Court bench consisting of G. S. Singhvi and S. J. Mukhopadhaya overturned the Delhi High Court case Naz Foundation v. Govt. of NCT of Delhi and reinstated Section 377 of the Indian Penal Code. The Supreme Court of India decided to revisit this judgement after several curative petitions were filed against it, in 2017. Thereby in 2018, Navtej Singh Johar v. Union of India, a 5 judge bench of the Supreme Court overturned this judgement, decriminalizing homosexuality. Portions of Section 377 relating to sex with minors, non-consensual sexual acts such as rape, and bestiality remain in force.
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.
The following list is a partially completed compilation of events considered to have a profound effect on the welfare or image of Tamil sexual minorities. The use of bold typeface indicates that the event is widely considered to be landmark:
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.
Indradhanu is the official LGBTQIA+ collective of Indian Institute of Technology Delhi. The student-driven collective aims to create a safe space for LGBT+ persons in the institute's campus. Members from Indradhanu have also been petitioners in the decriminalisation of homosexuality in India. In December 2021, it was accorded official recognition by the college administration. It now holds a nominated position in the Student Affairs Council of IIT Delhi and works with the office of Diversity and Inclusion, IIT Delhi.
