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Lesbian, gay, bisexual, transgender and intersex people in face legal and social difficulties not experienced by non-LGBT persons. Sexual activity between people of the same gender is legal but same-sex couples cannot legally marry or obtain. On 6 September 2018, the Supreme Court of India decriminalised homosexuality by declaring unconstitutional. The Court unanimously ruled that individual autonomy, intimacy, and identity are protected fundamental rights. Additionally, some states protect , a traditional third gender population in , through housing programmes, welfare benefits, pension schemes, free surgeries in government hospitals and others programmes designed to assist them. There are approximately 4. Over the past decade, LGBT people have gained more and more tolerance in India, especially in large cities. Nonetheless, most LGBT people in India remain closeted, fearing discrimination from their families, who might see homosexuality as shameful. Reports of honour killings, attacks, torture, and beatings of members of the LGBT community are not uncommon in India. Discrimination and ignorance are particularly present in rural areas, where LGBT people often face rejection from their families and forced opposite-sex marriages. Erotic sculptures of two men centre at the Khajuraho temples. The , famous for their erotic sculptures, contain several depictions of homosexual activity. Historians have long argued that pre-colonial Indian society did not criminalise same-sex relationships, nor did it view such relations as immoral or sinful. Transgender individuals held high positions in courts of rulers in the 16th and 17th centuries. Hinduism also acknowledges a third gender known as hijra. There are multiple characters in the who change genders such as who is born female but identifies as male and eventually marries a woman. Modern societal homophobia was introduced to India by the and the subsequent enactment of by the British, which stood for more than 70 years after. The once prosecuted the capital crime of in , but not lesbian activity. During the , a number of the preexisting laws were combined into the , mandating a common set of punishments for unlawful intercourse. These could include 50 lashes for a slave, 100 for a free infidel, or death by stoning for a Muslim. In practice, however, this stipulation was largely ignored, for the elite at least. Homoeroticism was quite common in Mughal court life. Mughal Emperor was known to have a crush on a boy, and recorded it in his memoirs. Other prominent Mughal men who engaged in homosexuality include , and poet who had such a crush on a Hindu boy that he went to his home naked. In contrast, homosexual acts were regarded as taboo among the common people. The criminalised and for both heterosexuals and homosexuals under , which entered into force in 1861. In 2009, the Delhi High Court decision in found Section 377 and other legal prohibitions against private, adult, consensual, and non-commercial same-sex conduct to be in direct violation of fundamental rights provided by the Indian Constitution. There have been incidents of harassment of LGBT groups by authorities under the law. On 23 February 2012, the expressed its opposition to the decriminalisation of homosexual activity, stating that in India, homosexuality is seen as being immoral. The Central Government reversed its stance on 28 February 2012, asserting that there was no legal error in decriminalising homosexual activity. The shift in stance resulted in two judges of the Supreme Court reprimanding the Central Government for frequently changing its approach to the issue. On 11 December 2013, the Supreme Court set aside the 2009 Delhi High Court order decriminalising consensual homosexual activity within its jurisdiction. Activist group Kavi's Humsafar Trust have reported that two-fifths of homosexuals in the country had faced blackmail after the 2013 ruling. On 28 January 2014, the dismissed the review petition filed by the , the and several others against its 11 December verdict on Section 377. Shashi Tharoor is planning to re-introduce the bill. On 2 February 2016, the Supreme Court decided to review the criminalisation of homosexual activity. In August 2017, the Supreme Court unanimously ruled that the right to individual privacy is an intrinsic and fundamental right under the Indian Constitution. The Court also ruled that a person's sexual orientation is a privacy issue, giving hopes to LGBT activists that the Court would soon strike down Section 377. In January 2018, the Supreme Court agreed to refer the question of Section 377's validity to a large bench, and heard several petitions on 1 May 2018. A hearing began on 10 July 2018, with a verdict expected before October 2018. On 6 September 2018, the Supreme Court issued its verdict. The Court unanimously ruled that Section 377 is unconstitutional as it infringed on the fundamental rights of autonomy, intimacy and identity, thus legalising homosexuality in India. The Court explicitly overturned its 2013 judgement. Criminalising carnal intercourse is irrational, arbitrary and manifestly unconstitutional. The Supreme Court also directed the Government to take all measures to properly broadcast the fact that homosexuality is not a criminal offence, to create public awareness and eliminate the stigma members of the LGBT community face, and to give the police force periodic training to sensitise them about the issue. Legal experts have urged the Government to pass legislation reflecting the decision, and frame laws to allow same-sex marriage, adoption by same-sex couples and inheritance rights. Sex with minors, non-consensual sex rape and bestiality remain criminal offences. The Supreme Court ruling may not extend to the state of , which is governed by its own criminal law, the RPC. Legal opinion is divided on whether the Supreme Court judgment applies to the state or not. Per a 1995 judgment of the state , when an IPC Indian Penal Code provision is struck down on grounds of violating the Constitution, its corresponding provision in the Ranbir Penal Code too would be struck down. However, it has yet to be determined if Section 377 of the RPC is identical to its IPC version. LGBT activists in Jammu and Kashmir have already announced their intention to challenge the RPC. In 2011, a court granted legal recognition to a same-sex marriage, involving two women. After marrying, the couple began to receive threats from friends and relatives in their village. The couple eventually won family approval. Haryana has been the centre of widespread protests by villagers who believe their village councils or should be allowed to impose their own punishments on those who disobey their rulings or break local traditions — mainly honour killings of those who marry within their own or sub-caste, regarded in the state as akin to incest. Deputy Commissioner of Police Dr. The security is provided on the basis of threat perception and in this case the couple feared that their families might be against the relationship. All married couples in partnership entitled to adopt a child. Sexual orientation of the married couple or the partners not to be a bar to their right to adoption. There are currently several same-sex marriage petitions pending with the courts. Article 15 of the states that: 15. Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth 1 The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them 2 No citizen shall, on grounds only of religion, race, caste, sex, place of birth or any of them, be subject to any disability, liability, restriction or condition with regard to a access to shops, public restaurants, hotels and palaces of public entertainment; or b the use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly out of State funds or dedicated to the use of the general public The Supreme Court has ruled that discrimination on the basis of sexual orientation is prohibited by the Indian Constitution. Individuals who face discrimination because of their sexual orientation can now mount a challenge in a court of law. Three hijras in modern-day India, , and has traditionally recognised a third gender population, considered by society as neither male or female. Such individuals are known as or alternatively hijadas : हिजड़ा; : হিজড়া; and : हिजडा. In English language publications, these terms are given to , people or people. Hijras were legally granted voting rights as a in 1994. Due to alleged legal ambiguity of the procedure, Indian transgender individuals have difficulties accessing safe medical facilities for surgery. On 15 April 2014, the declared transgender people a socially and economically backward class entitled to reservations in education and jobs, and also directed union and state governments to frame welfare schemes for them. The Court ruled that transgender people have a fundamental constitutional right to change their gender without any sort of surgery, and called on the Government to ensure equal treatment for transgender people. The Court also right that the Indian Constitution mandates the recognition of a third gender on official documents. In 2013, transgender and gender activists and from staged a protest in the collectorate on 7 October 2013 demanding reservation and to permit alternate genders to appear for examinations conducted by , , SSC and Bank exams. Swapna, incidentally, had successfully moved the Madras High Court in 2013 seeking permission to write the TNPSC Group II exam as a female candidate. Swapna is the first transgender person to clear TNPSC Group IV exams. On 24 April 2015, the unanimously passed the guaranteeing rights and entitlements, reservations in education and jobs 2% reservation in government jobs , legal aid, pensions, unemployment allowances and skill development for transgender people. It also contains provisions to prohibit discrimination in employment as well as prevent abuse, violence and exploitation of transgender people. The bill also provides for the establishment of welfare boards at the centre and state level as well as for transgender rights courts. The bill was introduced by DMK MP Tiruchi Siva, and marked the first time the upper house had passed a private member's bill in 45 years. However, the bill contains several anomalies and a lack of clarity on how various ministries will coordinate to implement its provisions. The bill is still pending in the lower house. Social Justice and Empowerment Minister Thaawar Chand Gehlot stated on 11 June 2015 that the Government would introduce a new comprehensive bill for transgender rights in the Monsoon session of Parliament. The bill would be based on the study on transgender issues conducted by a committee appointed on 27 January 2014. According to Gehlot, the Government intends to provide transgender people with all rights and entitlements currently enjoyed by scheduled castes and scheduled tribes. The Transgender Persons Protection of Rights Bill, 2016, which was initially introduced to Parliament in August 2016, was re-introduced to Parliament in late 2017. Some transgender activists have opposed the bill because it does not address issues such as marriage, adoption and divorce for transgender people. State laws See also: and The states of and were the first to introduce a transgender welfare policy. According to the transgender welfare policy, transgender people can access free SRS in government hospitals only for male-to-female ; free housing program; various citizenship documents; admission in government colleges with full scholarship for higher studies; alternative sources of livelihood through formation of self-help groups for savings and initiating income-generation programmes IGP. Tamil Nadu was also the first state to form a transgender welfare board with representatives from the transgender community. In 2016, Kerala started implementing free surgery in government hospitals. In July 2016, the state of enacted welfare benefits for transgender people, giving them the same benefits as those living below the poverty line. This was aimed at improving their overall social and economic status, according to the Odisha Department of Social Security. In April 2017, the instructed states to allow transgender people to use the public toilet of their choice. Educational institutions will address issues of violence, abuse and discrimination against transgender people. It also established a monitoring committee designed with investigating reports of discrimination. On 28 November 2017, , the of , announced the enactment of pension plans for transgender people. On 16 December 2017, the Andhra Cabinet passed the policy. In addition, the Government will construct special toilets in public places, like malls and cinema halls, for transgender people. In January 2018, the Kashmiri Finance Minister introduced a proposal to the that would grant transgender people free life and medical insurance, and a monthly sustenance pension for those aged 60+ and registered with the Social Welfare Department. Third-gender literature and studies Vaadamalli by novelist is the first novel about the local community in Tamil Nadu, published in 1994. Later, transgender activist became the first to write about hijra issues and gender politics in Tamil. Her works have been translated into more than eight languages and act as a primary resource on gender studies in Asia. Her book is part of a research project for more than 100 universities. She is the author of Unarvum Uruvamum Feelings of the Entire Body , the first of its kind in English from a member of the hijra community. She also acted and directed several stage plays on gender and sexuality issues in Tamil and. The Truth about Me: A Hijra Life Story by A. Revathi is part of the syllabus for final year students of. The American College is the first college in India to introduce literature and studies with research-oriented seminars. Later, Naan Saravanan's Alla 2007 and Vidya's I Am Vidya 2008 were among early transwoman autobiographies. Conversion therapy can lead to depression, anxiety, seizures, drug use and suicidal tendencies for the individuals invloved. Asia's first Genderqueer Pride Parade in 2012. There are many avenues for the LGBT community in metro cities for meeting and socialising, although not very openly. These include GayBombay, Good as You, HarmlessHugs. Recently, a queer dating platform named Amour Queer Dating was launched to help LGBT people find long-term partners. There have many reports of abuse, harrasment and violence over the years directed against LGBT people. In 2003, a hijra was gang-raped in , and then gang-raped by the police. According to reports from activist group Kavi's Humsafar Trust, two-fifths of homosexuals in the country had faced blackmail after the 2013 Supreme Court ruling. The world did not allow us to stay together. Among other subjects, the material discusses homosexuality. They can feel attraction for a friend or any individual of the same or opposite sex. It is normal to have special feelings for someone. It is important for adolescents to understand that such relationships are based on mutual consent, trust, transparency and respect. It is alright to talk about such feelings to the person for whom you have them but always in a respectful manner. On 17 May 2018, the International Day Against Homophobia, activities were held throughout the country, including in Delhi, , , and. Numerous foreign embassies , , , , , , , the , , , , , , , , , , , , , , , , the , , , , , , , , the and the expressed support for LGBT rights in India, and reaffirmed their countries' commitement to promote human rights. According to a 2018 Survey,a third of Indian gay men are married to women who have no idea they're gay. Politics The All India Hijra Kalyan Sabha fought for over a decade to get voting rights, which they finally got in 1994. In 1996, Kali stood for office in under the then Judicial Reform Party. Munni ran in the elections as well for that year. After the defeat of Kali and Munni, three years later, Kamla Jaan ran and won the position of the Mayor of. Later, Shabnam Mausi was elected to the Legislative Assembly of in 2002. Over the next few years, multiple other transgender candidates won office. These include Heera who won a seat at the City Council of and Gulshan who was elected to the City Council in. In December 2000, Asha Devi became the Mayor of , and Kallu Kinnar was elected to the City Council in. She was an elected member of the Madhya Pradesh State Legislative Assembly from 1998 to 2003. In 2000, Shabnam Mausi became India's first MP. Transgender people were granted voting rights in 1994. The party also has released an eight-page election manifesto which it claims outlines why it is different from mainstream political parties. Kalki Subramaniam is a transgender rights activist, writer and an actor. In the , Kalki tried in vain to get a ticket. In March 2014, Kalki announced in that she would contest a seat in an election in the constituency in neighbouring Tamil Nadu. On 4 January 2015, independent transgender candidate Madhu Bai Kinnar was elected as the Mayor of ,. On 5 November 2015, K. Prithika Yashini became the first transgender police officer in the state of Tamil Nadu. At the time, the Tamil Nadu police had three transgender constables, but Yashini became the first transgender person to hold the rank of officer in the state. On 12 February 2017, two transgender people were appointed by the District Legal Services Authority KDLSA as panel members for the local Lok Adalat People's Court. As per the Supreme Court's judgment, transgenders must be recognised as the third gender in our country. As per the norm, we have put in efforts and included two transgenders Mayuri Alawekar and Yuvraj Alavankar as panel members. In 2018, Swati Bidham Baruah became the first transgender judge in. Swati, founder of the All Assam Transgender Association, was appointed to the. Explicit protection on grounds of intersex within attribute of sex Intersex issues in India may often be perceived as issues. The most well-known third gender groups in India are the. Also, there is evidence that few intersex people choose to identify as transgender. Physical integrity and bodily autonomy Intersex persons are not protected from violations to physical integrity and bodily autonomy. Cases of infanticide have been reported involving infants with obvious intersex conditions at birth, along with a failure to thrive by infants assigned female. Medical reports suggest that parents in India prefer to assign infants with intersex conditions as male, with taking place when parents can afford them. Protection from discrimination Main article: Multiple Indian athletes have been subjected to humiliation, discrimination and loss of work and medals following sex verification. Middle-distance runner , who won the silver medal in at the in , , was stripped of her medal, and later attempted suicide. Track athlete was accused by a female roommate of rape and later charged, gender tested and declared male, though she and other medical experts dispute these claims. Indian athlete won a case against the in 2015, enabling women athletes with high testosterone levels to compete as women, on the basis that there is no clear evidence of performance benefits. Don't know 30% Public opinion regarding LGBT rights in India is complex. According to a 2016 poll by the , 35% of Indian people were in favor of legalising same-sex marriage, with a further 35% opposed. A survey by the found that support for same-sex marriage was higher among 18-21 year olds at 53%. According to a 2017 poll carried out by , 58% of Indians agreed that gay, lesbian and bisexual people should enjoy the same rights as straight people, while 30% disagreed. Additionally, 59% agreed that they should be protected from workplace discrimination. As for transgender people, 66% agreed that they should have the same rights, 62% believed they should be protected from employment discrimination and 60% believed they should be allowed to change their legal gender. Name Details 1 Malayalam film actress 2 India's first openly transgender college principal and first transgender person to hold a PhD 3 Gay and human rights activist 4 Transsexual actress and vocal supporter of LGBT rights 5 Transsexual activist 6 2014 7 Cultural entrepreneur, artist, director and impresario 8 Popular filmmaker, winner of 11 Indian National Film Awards 9 Human rights activist 10 Author, religious scholar and teacher of mystic traditions 11 Activist, columnist and blogger 12 13 Writer and actor 14 First trans person in India to perform a leading role in a mainstream movie 15 Writer 16 Social activist PLUS Kolkata 17 Nolan Lewis 2013 18 Poet, writer and film maker 19 First openly trans person to participate in Indian elections 20 Teacher, poet and critic 21 Film producer and director 22 Raul Patil 2011 23 Zoltan Parag 2008 24 Award-winning film director 25 Film maker, and founder and festival director of Kasish Mumbai International Queer Film Festival 26 Writer, professor of literature 27 Actor, artist, writer and theater activist 28 Fashion designer and choreographer 29 Founder of Humsafur Trust 30 First openly transgender civil servant and Odisha Financial Services officer 31 Filmmaker and gay rights activist 32 Writer 33 Writer and documentary filmmaker 34 activist, recipient of the Youth Worker Asia Finalist Award and founder of 35 Hereditary Prince of Rajpipla 36 Linguist and author 37 Actor, artist, writer, and theater activist 38 Trans activist, actor, artist, writer and founder of 39 Indian-American mathematician and writer 40 First transwoman to clear exam and first transgender I. 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