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.
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.
Aditya Bandopadhyay is a lawyer and LGBTQ rights activist in India, helping to challenge anti-sodomy laws, establishing advocacy organizations and providing legal services to HIV/AIDS organizations.
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.
Chennai has LGBTQIA cultures that are diverse concerning- socio-economic class, gender, and degree of visibility and politicisation. They have historically existed in the margins and surfaced primarily in contexts such as transgender activism and HIV prevention initiatives for men having sex with men (MSM) and trans women (TG).
Hyderabad is a conservative city when it comes to LGBT rights, compared to other Indian Metros. But since it slowly started becoming the second IT-capital after Bangalore, there has been a continuous influx of people of all cultures from across India. In the past few years, there has been some increase in LGBT activism in Hyderabad, including pride marches of 2013 and 2014. Slowly, Top MNCs have been introducing LGBT friendly policies in their Hyderabad offices.
Good As You is a support and social group for LGBTQ people and others questioning their gender and sexuality in Bangalore. It started in 1994 and is one of the longest surviving groups that advocates equal rights for homosexuals and other gender and sexual minorities in Bangalore.
Queer Pride Guwahati was organised for the first time by the members and supporters of the local LGBT community in Guwahati, Assam on 9 February 2014. The Queer Pride Guwahati was the first LGBT Pride in the entire North Eastern India. The Pride is now an annual event.
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.
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.
Arundhati Katju is a lawyer qualified to practice in India and New York. She has litigated many notable cases at the Supreme Court of India and the Delhi High Court, including the Section 377 case, the case of a trans man being illegally confined by his parents, the Augusta Westland bribery case, the 2G spectrum corruption case and the Jessica Lal murder case. Her law practice encompasses white-collar defence, general civil litigation, and public interest cases.
Indian Coming Out Day is an annual LGBT awareness day observed on 2 July, to support anyone coming out of the closet. This day is celebrated in commemoration of Naz Foundation v. Govt. of NCT of Delhi case which resulted in the decriminalisation of homosexual sexual activity in India by reading down of Section 377 of the Indian Penal Code by the Delhi High Court.
