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Homosexuality in India is legally 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.[1]
There is substantial evidence that homosexuality was abundant in ancient society, and various artworks and literary works attest to the tolerant and even supportive attitudes of Indians towards people engaged in homosexual acts. Discrimination against homosexuality was largely imported from the western world through Islam and the Christian-derived morality during European colonialism, starting in the second millennium and ultimately culminating in the 17th century Fatawa-e-Alamgiri of the Mughal Empire and the 17th century Indian Penal Code of the British Empire.[2][3][4]
After a nine year period of legal battles, a part of the Section 377 of the Indian Penal Code was eventually struck down by the Supreme Court of India on 7 September 2018, making homosexual sex legal again.[5] However other parts of Section 377 were not struck down, and were the only parts of the penal code that could be used to prosecute homosexual rape of adults. With the replacement of the Indian Penal Code by the Bharatiya Nyaya Sanhita in December 2023, there is no longer any language equivalent to Section 377, and as a result homosexual rape ceased to be illegal throughout India.[6][7]
Estimates on the LGBTQ population vary, with the Government of India submitting a figure of "at least 2.5 million" in 2012 based of self-declaration, and with activists estimating a figure of around 125 million people.[8][9] Ipsos released a survey conducted between 23 April and 7 May 2022 which showed that just under 30% identified with the LBGTQ community.[10]
Homophobia is prevalent in India.[11][12] Public discussion of homosexuality in India has been inhibited by the fact that sexuality in any form is rarely discussed openly. In recent years, however, attitudes towards homosexuality have shifted slightly. In particular, there have been more depictions and discussions of homosexuality in the Indian media[12][13] and cinema.[14] Before striking down the colonial-era law several organisations have expressed support for decriminalising homosexuality in India, and pushed for tolerance and social equality for lesbian, gay, bisexual, transgender, queer people, and others with marginalised identities traditional to India. India is among countries with a social element of a third gender. Mental, physical, emotional and economic violence against the LGBT community in India remains a problem.[15] Lacking support from family, society or police, many gay rape victims do not report the crimes.[16]
According to Equaldex, India received a score of 60 out of 100 in LGBT rights, and ranked 5th among 44 Asian countries that were assessed.[17]
- ^ "How does India perceive homosexuality? – DW – 04/18/2023". dw.com. Retrieved 24 January 2024.
- ^ "Homosexuality in ancient India: 10 instances". India Today. 10 July 2018. Retrieved 22 December 2023.
- ^ Jayaram, V (2000). "Hinduism and Adultery".
- ^ "Stances of Faiths on LGBTQ+ Issues: Hinduism". Human Rights Campaign. Retrieved 22 December 2023.
- ^ Rautray, Samanwaya (6 September 2018). "Section 377: SC rewrites history, homosexual behaviour no longer a crime". The Economic Times. Retrieved 6 September 2018.
- ^ "The Bharatiya Nyaya Sanhita, 2023". Retrieved 21 December 2023.
- ^ Bhaumik, Aaratrika (18 December 2023). "Revised criminal law bills: Key changes explained". The Hindu. Retrieved 21 December 2023.
- ^ "India's Supreme Court refuses to legalize same-sex marriage, saying it's up to Parliament". AP News. 17 October 2023. Retrieved 28 December 2023.
- ^ "India has 2.5m gays, government tells supreme court". BBC News. 14 March 2012. Retrieved 15 May 2016.
- ^ LGBT+ Pride 2021Global Survey (PDF) (Report). Ipsos. 9 June 2021. Retrieved 12 June 2021.
- ^ Bedi, Rahul (5 July 2011). "Homophobia persists in India despite court reforms". The Telegraph (UK). London. Retrieved 3 April 2014.
- ^ a b "Fear and loathing in gay India". BBC News. 17 May 2005. Retrieved 3 April 2014.
- ^ "Why should homosexuality be a crime?". The Times of India. 18 April 2003. Retrieved 3 April 2014.
- ^ Gopinath, Gayatri (2000). "Queering Bollywood: Alternative sexualities in popular Indian cinema". Journal of Homosexuality. 39 (3–4): 283–297. doi:10.1300/J082v39n03_13. PMID 11133137. S2CID 24260497.
- ^ "Violence against LGBT groups still prevails in India". DNA India. 24 November 2013. Retrieved 4 April 2014.
- ^ Priya M Menon (16 February 2013). "Lacking support, male rape victims stay silent". The Times of India. Retrieved 4 April 2014.
I did not know how the police would treat a gay man.
- ^ "LGBT Equality Index". Equaldex. Retrieved 10 February 2024.