Homosexuality in India#Legal status

Estimates on the LGBTQ population vary, with the conservative Government of India submitting a figure of "at least 2.5 million" in 2012, year when homosexuality was still illegal in india, based on self-declaration. However, gay rights activists and global estimates believe they number at least 10% of the population, or more than 135 million.

Multinational research firm Ipsos released report on LGBT+ Pride 2021 Global Survey conducted between 23 April and 7 May 2022. The survey was conducted as a 620 market survey conducted by Ipsos on its global advisor platform through interview on a small sample size of almost 50000 individuals in India. The report shows that 17% of the Indian population identify as non-heterosexual: 3% identify as gay or lesbian, 9% identify as bisexual, 1% identify as pansexual, and 2% identify as asexual (the remaining 2% as "other"). 69% identified as heterosexual (excluding 'do not know', and 'prefer not to answer').

{{main|LGBT history in India}}

{{Main|Hinduism and LGBT topics|Kama|LGBT themes in Hindu mythology}}There were no legal restrictions on homosexuality or transexuality for the general population of India prior to early modern period and colonialism, however certain dharmic moral codes forbade sexual misconduct (of both heterosexual and homosexual nature) among the upper class of priests and monks, and religious codes of foreign religions such as Christianity and Islam imposed rules against homosexual practices on their populations.{{Cite web |date=2017-09-04 |title=LGBT rights were accepted in ancient India, Sec 377 must be repealed: Amish Tripathi |url=https://www.hindustantimes.com/books/lgbt-rights-were-accepted-in-ancient-india-sec-377-must-be-repealed-amish-tripathi/story-NFOnXL3rGVXECqTdg9SuXL.html |access-date=2023-12-27 |website=Hindustan Times |language=en}}{{Cite web |title=Stances of Faiths on LGBTQ+ Issues: Hinduism |url=https://www.hrc.org/resources/stances-of-faiths-on-lgbt-issues-hinduism |access-date=2023-12-27 |website=Human Rights Campaign |language=en-US}}

Several ancient Hindu texts have passages that condemns homosexuality and subject to punishment.{{Cite web |date=2018-07-10 |title=Homosexuality in ancient India: 10 instances |url=https://www.indiatoday.in/india/story/10-instances-of-homosexuality-among-lgbts-in-ancient-india-1281446-2018-07-10 |access-date=2025-05-15 |website=India Today |language=en}}For example, Manu-smṛti (11.174) says that if a man has sex with another man, then he should take shower with clothes on. The implication of the statement is that sex between two men was not considered normal.{{Cite web |last=Malatimanjari |date=2019-04-28 |title=The Vedic View on Homosexuality |url=https://www.jiva.org/the-vedic-view-on-homosexuality/ |access-date=2025-05-15 |website=Jiva Institute of Vedic Studies}} The Dharmashastra and Arthashastra condemn non-vaginal sex in religious or moral terms and expects the ruler to fight against the "social evil".{{cite book |url=https://books.google.com/books?id=uP57zh13BqQC&dq=dharmasastra+ayoni&pg=PA50 |title=Sexual Diversity in Asia, c. 600 - 1950 |date=July 26, 2012 |publisher=Routledge |isbn=978-1-136-29721-2 |editor-last1=Reyes |editor-first1=Raquel A.G. |pages=50–51 |access-date=May 23, 2025 |editor-last2=Clarence-Smith |editor-first2=William Gervase}} The Kama Sutra written in India around 200 AD describes homosexual acts positively.

Though homophobia was largely imported from the western world during the medieval period, it is highly likely that the north western fringes of the Indian subcontinent that are now part of Pakistan had socio-cultural norms heavily influenced by Zoroastrianism (from around 500BCE) and Islam (from around 700AD). In contrast large parts of the far south that are now part of South India and Sri Lanka did not have legal restrictions against homosexuality until the advent of European colonialism.{{Cite web |last=Hathiram |first=Ervad Marzban J. |date=2014-01-24 |title=Zoroastrianism, homosexuality & LGBT issues – a lecture recording |url=https://www.frashogard.com/zoroastrianism-homosexuality-lgbt-issues-a-lecture-recording/ |access-date=2024-04-27 |website=Frashogard |language=en-US}}

Any homosexuals in the Islamic communities were persecuted more severely especially under the Islamic rule of the Mughal Empire, though some Mughal leaders tolerated the cultures of the various Non-Muslim communities of India.{{cite web |last=Baillier |first=Neil B. E. |date=1875 |title=A digest of the Moohummudan law |url=https://archive.org/stream/digestmoohummud00bailgoog#page/n57/mode/2up |access-date=10 May 2021 |pages=1–3}}{{cite web |last=Khalid |first=Haroon |date=17 June 2016 |title=From Bulleh Shah and Shah Hussain to Amir Khusro, same-sex references abound in Islamic poetry |url=https://scroll.in/article/810007/from-bulleh-shah-and-shah-hussain-to-amir-khusro-same-sex-references-abound-in-islamic-sufi-poetry |access-date=7 September 2018 |work=Scroll.in |language=en}}{{citation |author=V. N. Datta |title=Maulana Abul Kalam Azad and Sarman |date=2012-11-27 |publisher=Rupa Publications |url=https://books.google.com/books?id=b7-bAwAAQBAJ&pg=PT32 |isbn=9788129126627 |quote=Walderman Hansen doubts whether sensual passions played any part in their love [sic]; puri doubts about their homosexual relationship}}{{cite web |date=1 March 2016 |title=Of Genizahs, Sufi Jewish Saints, and Forgotten Corners of History – UW Stroum Center for Jewish Studies |url=https://jewishstudies.washington.edu/global-judaism/sarmad-kashani-sufi-jewish/}}{{cite book |last1=Kugle |first1=Scott A |url=https://books.google.com/books?id=HJ1vpC_SeLcC&pg=PA309 |title=Sufis and Saints' Bodies: Mysticism, Corporeality, and Sacred Power in Islam |date=1 Sep 2011 |publisher=Univ of North Carolina Press |isbn=9780807872772 |at=p. 309 Note 62-63 |access-date=20 September 2017}}

From the early modern period, colonialism from Europe also brought with it more centralized legal codes that imposed Christian-European morals that were counter to homosexual practices in nature, including criminalizing sex between two people of the same gender, and criminalizing transsexuality.{{Cite journal |last=Christensen |first=Kelly |date=December 2022 |title=A Legacy of Homophobia: Effects of British Colonization on Queer Rights in India and Uganda |url=https://digitalcommons.csumb.edu/cgi/viewcontent.cgi?article=2450 |journal=Global Studies 445: Capstone Seminar |via=Capstone Projects}}

In the 21st century following independence, there has been a significant amount of progress made on liberalizing LGBTQ laws and reversing the homophobia and transphobia of the previous colonial era.

There are punishments for homosexual sex listed in numerous texts used within contemporary Hinduism. These punishments regardless of whether they are aimed are heterosexuality or homosexuality was not originally aimed at the lay people.

The Arthashastra, an ancient Indian treatise on statecraft, mentions a wide variety of sexual practices which, whether performed with a man or a woman, were sought to be punished with the lowest grade of fine. While homosexual intercourse was not permitted, it was treated as a very minor offence, and several kinds of heterosexual intercourse outside of procreation were punished more severely.{{harvnb|Vanita|Kidwai|2001|p=25}} Sex between non-virgin women incurred a small fine, while homosexual intercourse between men could be made up for merely with a bath with one's clothes on, and a penance of "eating the five products of the cow and keeping a one-night fast".

The Fatawa-e-Alamgiri of the Mughal Empire mandated a common set of punishments for homosexuality, which could include 50 lashes for a slave, 100 for a free infidel, or death by stoning for a Muslim.{{cite web|last=Baillier|first=Neil B. E.|date=1875|title=A digest of the Moohummudan law|url=https://archive.org/stream/digestmoohummud00bailgoog#page/n57/mode/2up|access-date=10 May 2021|pages=1–3}}{{cite web|last=Khalid|first=Haroon|date=17 June 2016|title=From Bulleh Shah and Shah Hussain to Amir Khusro, same-sex references abound in Islamic poetry|url=https://scroll.in/article/810007/from-bulleh-shah-and-shah-hussain-to-amir-khusro-same-sex-references-abound-in-islamic-sufi-poetry|access-date=7 September 2018|work=Scroll.in|language=en}}{{citation|author=V. N. Datta|title=Maulana Abul Kalam Azad and Sarman|date=2012-11-27|publisher=Rupa Publications |url=https://books.google.com/books?id=b7-bAwAAQBAJ&pg=PT32|isbn=9788129126627|quote=Walderman Hansen doubts whether sensual passions played any part in their love [sic]; puri doubts about their homosexual relationship}}{{cite book|last1=Kugle|first1=Scott A|url=https://books.google.com/books?id=HJ1vpC_SeLcC&pg=PA309|title=Sufis and Saints' Bodies: Mysticism, Corporeality, and Sacred Power in Islam|date=1 Sep 2011|publisher=Univ of North Carolina Press|isbn=9780807872772 |at=p. 309 Note 62-63 |access-date=20 September 2017}}

Section 377 of the Indian Penal Code (IPC), dating back to 1861, made sexual activities "against the order of nature" punishable by law and carries a life sentence.{{cite news |last=Harris |first=Gardiner |date=11 December 2013 |title=India's Supreme Court Restores an 1861 Law Banning Gay Sex |url=https://www.nytimes.com/2013/12/12/world/asia/court-restores-indias-ban-on-gay-sex.html |access-date=4 April 2014 |newspaper=The New York Times}} The law replaced the variety of punishments for Zina (unlawful intercourse{{cite book |last1=Kugle |first1=Scott A |url=https://books.google.com/books?id=HJ1vpC_SeLcC&q=Fatawa+Alamgiri+zina&pg=PA309 |title=Sufis and Saints' Bodies: Mysticism, Corporeality, and Sacred Power in Islam |date=1 September 2011 |publisher=Univ of North Carolina Press |isbn=9780807872772 |at=p. 309 Note 62-63 |access-date=20 September 2017}}) mandated in the Mughal empire's Fatawa-e-Alamgiri, these ranged from 50 lashes for a slave, 100 for a free infidel, to death by stoning for a Muslim.[https://archive.org/stream/digestmoohummud00bailgoog#page/n57/mode/2up A digest of the Moohummudan law] pp. 1–3 with footnotes, Neil Baillie, Smith Elder, London Similarly the Goa Inquisition once prosecuted the capital crime of sodomy in Portuguese India,{{cite news |date=27 April 2010 |title=Xavier was aware of the brutality of the Inquisition |url=http://www.deccanherald.com/content/66330/xavier-aware-brutality-inquisition.html |access-date=18 September 2017 |work=Deccan Herald}}{{cite web |last1=Sharma |first1=Jai |date=9 April 2015 |title=The Portuguese Inquisition in Goa: A brief history |url=http://indiafacts.org/the-portuguese-inquisition-in-goa-a-brief-history/ |access-date=18 September 2017 |website=Indiafacts.org}} but not lesbian acts.{{cite book |last1=Soyer |first1=Francois |url=https://books.google.com/books?id=LxqzbYdSeuYC&q=portuguese+inquisition+sodomy+goa&pg=PA45 |title=Ambiguous Gender in Early Modern Spain and Portugal: Inquisitors, Doctors and the Transgression of Gender Norms |date=2012 |publisher=BRILL |isbn=9789004225299 |page=45 |access-date=18 September 2017}}

One leader, Akkai Padmashali, was influential in the protests and demonstrations that eventually led to the repeal of Section 377 of Indian Penal Code. She started the organisation "Ondede" in 2014, which envisioned a society that is non-discriminatory and gender-just.{{cite web |url=https://globalhumanrights.org/stories/indian-activists-celebrate-herstoric-supreme-court-ruling-on-sexual-rights/ |title=Indian Activists Celebrate Herstoric Supreme Court Ruling on Sexual Rights |last=Mattingly |first=David |date=September 13, 2018 |website=The Fund for Global Human Rights |access-date=April 2, 2025 |archive-url=https://web.archive.org/web/20210414203203/https://globalhumanrights.org/stories/indian-activists-celebrate-herstoric-supreme-court-ruling-on-sexual-rights/ |archive-date=April 14, 2021}} Ondede, meaning "convergence" in Kannada, indicates Padmashali's vision for the society of India as a whole with a mission "To create a space for dialogue, support and strengthen action to visibilize issues of dignity, voice and sexuality in relation to children, women, and sexual minorities". The organization develops partnerships with community groups through social movements and engagement with the state and conduct research.{{cite web |url=https://indianexpress.com/article/cities/bangalore/sex-worker-pioneer-decriminalising-homosexuality-story-of-akkai-padmashali-7966196/ |title=From a sex worker to a pioneer in decriminalising homosexuality, here's the story of Akkai Padmashali |last=Prasad |first=Snath |date=June 13, 2022 |website=Indian Express |access-date=April 2, 2025 |archive-url=https://web.archive.org/web/20220613074605/https://indianexpress.com/article/cities/bangalore/sex-worker-pioneer-decriminalising-homosexuality-story-of-akkai-padmashali-7966196/ |archive-date=June 13, 2022}}

Several organisations, including the Naz Foundation (India) Trust,{{cite news |date=1 October 2008 |title=Anachronistic law |url=http://www.thehindu.com/todays-paper/tp-opinion/anachronistic-law/article1348979.ece |access-date=3 April 2014 |newspaper=The Hindu |location=Chennai, India}} the National AIDS Control Organisation, Law Commission of India,{{cite web |date=27 April 2004 |title=UN 2004 – NGO statement: LGBT rights in India |url=http://ilga.org/ilga/en/article/64 |url-status=dead |archive-url=https://web.archive.org/web/20140407073329/http://ilga.org/ilga/en/article/64 |archive-date=7 April 2014 |access-date=3 April 2014 |publisher=International Lesbian, Gay, Bisexual, Trans and Intersex Association |location=Geneva}} Union Health Ministry,{{cite news |author=Kounteya Sinha |date=1 October 2008 |title=Ramadoss to take up gay rights issue with PM |url=https://timesofindia.indiatimes.com/india/Ramadoss-to-take-up-gay-rights-issue-with-PM/articleshow/3545889.cms |archive-url=https://web.archive.org/web/20081009042809/http://timesofindia.indiatimes.com/India/Gay_rights_should_be_respected_prostitution_legalised_NHRC_chief/articleshow/3565933.cms |archive-date=9 October 2008 |access-date=20 January 2011 |url-status=live |newspaper=The Times of India}} National Human Rights Commission of India{{Cite news |date=6 October 2008 |title=Gay rights should be respected, prostitution legalised: NHRC chief |url=http://timesofindia.indiatimes.com/India/Gay_rights_should_be_respected_prostitution_legalised_NHRC_chief/articleshow/3565933.cms |url-status=dead |archive-url=https://web.archive.org/web/20081009042809/http://timesofindia.indiatimes.com/India/Gay_rights_should_be_respected_prostitution_legalised_NHRC_chief/articleshow/3565933.cms |archive-date=9 October 2008 |access-date=12 February 2009 |newspaper=The Times of India}} and the Planning Commission of India{{cite news |author=Syeda Hameed |author-link=Syeda Saiyidain Hameed |date=13 December 2005 |title=The silence around sex work |url=http://www.indiatogether.org/2005/dec/hlt-legalise.htm |access-date=3 April 2014 |newspaper=India Together}} have expressed support for decriminalizing homosexuality in India.

In September 2006, Nobel Laureate Amartya Sen, acclaimed writer Vikram Seth and other prominent Indians publicly demanded the repeal of section 377 of the IPC.{{Cite news |last=Ramesh |first=Randeep |date=18 September 2006 |title='India's Literary Elite Call for Anti-Gay Law to be Scrapped' |url=https://www.theguardian.com/india/story/0,,1874833,00.html |access-date=4 May 2010 |newspaper=The Guardian |location=London}} The open letter demanded that "In the name of humanity and of our Constitution, this cruel and discriminatory law should be struck down." On 30 June 2008, Indian Labour Minister Oscar Fernandes backed calls for decriminalisation of consensual gay sex, and Prime Minister Manmohan Singh called for greater tolerance towards homosexuals.{{cite news |date=2 July 2008 |title=Reverse swing: It may be an open affair for gays, lesbians |url=http://economictimes.indiatimes.com/News/News_By_Industry/Reverse_swing_It_may_be_an_open_affair_for_gays_lesbians/articleshow/3186187.cms |access-date=3 April 2014 |newspaper=The Economic Times}} On 23 July 2008, Bombay High Court Judge Bilal Nazki said that India's unnatural sex law should be reviewed.{{Cite news |author=Shibu Thomas |date=25 July 2008 |title=Unnatural-sex law needs relook: Bombay HC |url=http://timesofindia.indiatimes.com/Unnatural-sex_law_needs_relook_Mumbai_HC/rssarticleshow/3276516.cms |access-date=12 February 2009 |newspaper=The Times of India}} The Law Commission of India had historically favoured the retention of this section in its 42nd and 156th report, but in its 172nd report, delivered in 2000, it recommended its repeal.{{cite web |date=March 2000 |title=Review of Rape Laws |url=http://www.lawcommissionofindia.nic.in/rapelaws.htm |access-date=4 April 2014 |publisher=Law Commission of India}}

On 9 August 2008, then health minister, Anbumani Ramadoss began his campaign for changing Section 377 of the Indian penal code, which defines homosexuality as an unnatural act and thus illegal. At the International AIDS Conference in Mexico City, he said, "Section 377 of IPC, which criminalises men who have sex with men, must go."{{cite news |author=Kounteya Sinha |date=9 August 2008 |title=Legalise homosexuality: Ramadoss |url=https://timesofindia.indiatimes.com/india/Legalise-homosexuality-Ramadoss/articleshow/3342815.cms |url-status=live |archive-url=https://web.archive.org/web/20121025201512/http://articles.timesofindia.indiatimes.com/2008-08-09/india/27931000_1_hiv-epidemic-national-aids-control-organization-msms |archive-date=25 October 2012 |access-date=20 January 2011 |newspaper=The Times of India}} His ministerial portfolio had put him at odds with the Indian Home Minister Shivraj Patil and several other ministers in seeking to scrap Section 377.{{cite news |author=Kounteya Sinha |date=1 October 2008 |title=Ramadoss to take up gay rights issue with PM |url=https://timesofindia.indiatimes.com/india/Ramadoss-to-take-up-gay-rights-issue-with-PM/articleshow/3545889.cms |url-status=live |archive-url=https://web.archive.org/web/20121024230337/http://articles.timesofindia.indiatimes.com/2008-10-01/india/27901688_1_unaids-msms-ramadoss |archive-date=24 October 2012 |access-date=20 January 2011 |newspaper=The Times of India}}{{cite news |date=17 April 2008 |title=Gay laws: Patil's stand finds support in Cabinet |url=http://archive.indianexpress.com/news/gay-laws-patil-s-stand-finds-support-in-cabinet/374459/ |access-date=4 April 2014 |newspaper=The Indian Express}} In late 2008, he changed his argument saying he does not want the scrapping of Section 377 but a mere modification of the law treating homosexuality as a criminal offence punishable up to life imprisonment. He said he wants Prime Minister Manmohan Singh to resolve the matter, while he wanted to avoid discord with the home ministry, who said the altered law would then result in an increase in criminal incidences of sodomy or offences involving sexual abuse of children, particularly boys. In doing so he alleged that the law even penalises health workers who treat homosexuals, while making this a cognisable and non-bailable offence.

Various Hindu organisations, based in India and abroad have supported decriminalisation of homosexual behaviours. In 2009, the Hindu Council UK became one of the first major religious organisations to support LGBT rights when they issued a statement "Hinduism does not condemn homosexuality".{{cite web |date=3 July 2009 |title=Hinduism does not condemn homosexuality |url=http://news.rediff.com/report/2009/jul/03/hinduism-does-not-condemn-homosexuality.htm |access-date=15 May 2016}} Ravi Shankar, a prominent Hindu spiritual leader, has condemned sec 377 in a series of tweets, maintaining that "Hinduism has never considered homosexuality a crime" and "to brand a person a criminal based on sexual preference would be absurd".{{cite web |date=12 December 2013 |title=Homosexuality not a crime in Hinduism, says Sri Sri Ravi Shankar |url=http://m.firstpost.com/india/homosexuality-not-a-crime-in-hinduism-says-sri-sri-ravi-shankar-1283843.html |access-date=15 May 2016 |work=Firstpost}}

The United Nations has urged India to decriminalise homosexuality by saying it would help the fight against HIV/AIDS by allowing intervention programmes, much like the successful ones in China and Brazil. Jeffrey O'Malley, director of the United Nations Development Programme (UNDP) on HIV/AIDS, has stated countries which protect men who have sex with men (MSM) have double the rate of coverage of HIV prevention services as much as 60%.{{cite news |date=5 December 2008 |title=LGBT Africans demand action on AIDS pandemic ahead of international conference |url=http://www.pinknews.co.uk/2008/12/05/lgbt-africans-demand-action-on-aids-pandemic-ahead-of-international-conference/ |access-date=4 April 2014 |newspaper=Pink News}} According to him, inappropriate criminalisation hinders universal access to essential HIV, health and social services.{{cite web |date=7 July 2009 |title=Landmark Delhi High Court decision recognises inappropriate criminalisation as a barrier to health, human rights and dignity |url=http://www.unaids.org/en/resources/presscentre/featurestories/2009/july/20090707msmlaw/ |access-date=4 April 2014 |publisher=UNAIDS}} Later talking to The Hindu in November 2008, he added concerns that the then in power United Progressive Alliance government was in a difficult position in regards to amending Section 377 of the Indian Penal Code because of the then upcoming elections, as such changes could be misrepresented. He further emphasised the need to change the laws, sensitise the police and judiciary. According to him, after removal of discriminatory laws, marginalised groups would have better access to treatment and prevention facilities like condoms. He warned of the urgency and stated that India had succeeded in checking the spread of AIDS through commercial sex workers but transmission through gay sex, and injectable-drug users was still an area of concern in the country.{{Cite news |date=9 November 2008 |title=India going through social change: UN official |url=http://www.hindu.com/2008/11/09/stories/2008110952530900.htm |archive-url=https://web.archive.org/web/20081211235040/http://www.hindu.com/2008/11/09/stories/2008110952530900.htm |archive-date=11 December 2008 |work=The Hindu |location=Chennai, India}}

In December 2013, The Samajwadi Party said that "Homosexuality is unethical and immoral" in response to a court decision upholding the constitutional validity of Criminalizing Homosexuality.{{cite web |url=https://www.news18.com/videos/politics/samajwadi-party-on-section-377-655768.html |title=Homosexuality is unethical and immoral: Samajwadi Party |date=December 12, 2013 |website=News 18 |access-date=April 2, 2025 |archive-url=https://web.archive.org/web/20181207050555/https://www.news18.com/videos/politics/samajwadi-party-on-section-377-655768.html |archive-date=December 7, 2018}}{{cite web |url=https://www.washingtonblade.com/2022/01/25/election-in-indias-most-popular-state-seen-as-crucial-lgbtq-rights-test/ |title=Election in India's most popular state seen as crucial LGBTQ rights test |last=Kumar |first=Mohit |date=January 25, 2022 |website=Washington Blade |access-date=April 2, 2025 |archive-url=https://web.archive.org/web/20220125201616/https://www.washingtonblade.com/2022/01/25/election-in-indias-most-popular-state-seen-as-crucial-lgbtq-rights-test/ |archive-date=January 25, 2022}}

In July 2014, a book on LGBTQIA and genderqueer rights published by Srishti Madurai was released by Vanathi Srinivasan, the general secretary of the BJP in Tamil Nadu. The move has been considered encouraging by members of the LGBTQIA community.{{cite web |title=BJP leader launches LGBT rights book in TN |url=http://www.mumbaimirror.com/news/india/BJP-leader-launches-LGBT-rights-book-in-TN/articleshow/38157614.cms |access-date=15 May 2016 |work=Mumbai Mirror}}{{cite news |date=21 July 2014 |title=It's a great honour to be awarded for book on gender variants: Gopi Shankar |url=http://timesofindia.indiatimes.com/city/madurai/Its-a-great-honour-to-be-awarded-for-book-on-gender-variants-Gopi-Shankar/articleshow/38769130.cms |access-date=15 May 2016 |work=The Times of India}}{{cite web |date=25 February 2015 |title=Meet the BJP leader who released a book on LGBT rights |url=http://www.thenewsminute.com/news_sections/646 |access-date=15 May 2016 |work=The News Minute |archive-date=31 October 2016 |archive-url=https://web.archive.org/web/20161031001843/http://www.thenewsminute.com/news_sections/646 |url-status=dead }}

Bharatiya Janata Party senior leader Arun Jaitley stated in February 2014 that he supported decriminalisation of homosexuality. On 13 January 2015, BJP spokesperson Shaina NC, appearing on NDTV, stated, "We BJP are for decriminalising homosexuality. That is the progressive way forward."{{cite web |author=Dhamini Ratnam |date=14 January 2015 |title=BJP supports decriminalization of homosexuality: Shaina NC |url=http://www.livemint.com/Leisure/XCOl7cJw5t3DgnQZsFYIFO/BJP-supports-decriminalization-of-homosexuality-Shaina-NC.html |access-date=15 May 2016 |work=Livemint}}

Rashtriya Swayamsevak Sangh spokesperson Ram Madhav in an interview with national daily Business Standard said in May 2014: "But I can say this – that while glorification of certain forms of social behaviour is not something we endorse, the penalising and criminalisation aspects need to be looked into. Whether to call homosexuality a crime and treat it as one in this day and age is questionable."{{cite web |title=RSS eases stance on decriminalisation of gay sex |url=http://www.hindustantimes.com/india-news/rss-eases-stance-on-decriminalisation-of-gay-sex/article1-1223632.aspx |url-status=dead |archive-url=https://web.archive.org/web/20140529064621/http://www.hindustantimes.com/india-news/rss-eases-stance-on-decriminalisation-of-gay-sex/article1-1223632.aspx |archive-date=29 May 2014 |access-date=15 May 2016 |work=Hindustan Times}} This is interpreted as Sangh's support to decriminalisation of homosexuality.{{Citation needed|date=March 2023}}

In December 2015, Socialist Samajwadi Party Minister Azam Khan who was the then Uttar Pradesh Minister for Urban Development labelled RSS members as "homosexuals" claiming that it was the reason for their supposed state of unmarriage. He made these derogatory remarks after learning of the then Finance Minister Arun Jaitley's and the BJP's support for decriminalisation of homosexuality. His local media in-charge Fasahat Ali Khan Shannu claimed that "the remarks of the minister are unnecessarily blown out of proportion, By referring to RSS, he meant to say that they are the ones reportedly behind the move to decriminalize Gay Sex in India. There is absolutely no place for such things in our Indian Culture. This is what the minister is trying to reinforce" and that "If they are supporting such a move to legalize gay sex then it is quite natural that they endorse the practice, which is perhaps the reason they don't marry."{{cite news |date=December 2015 |title=RSS volunteers are 'homosexuals', says Azam Khan |url=https://timesofindia.indiatimes.com/city/bareilly/rss-volunteers-are-homosexuals-says-azam-khan/articleshow/50002003.cms |newspaper=The Times of India}}

On 6 March 2016, Srishti Madurai's new website was launched by Dalit activist and Ambedkarite Ma.Venkatesan from BJP in the presence of Central Minister Pon Radhakrishnan, Vanathi Srinivasan, Aravindan Neelakandan, Joe D'Cruz and scores of Rashtriya Swayamsevak Sangh volunteers at Chennai.{{cite web |author=Firstpost |date=19 March 2016 |title=RSS flip-flop on homosexuality indicates gay men in India remain in exile, writes Ashok Row Kavi |url=http://www.firstpost.com/living/rss-flip-flop-on-homosexuality-indicates-gay-men-in-india-remain-in-exile-writes-ashok-row-kavi-2685296.html |access-date=15 May 2016 |work=Firstpost}}

In March 2018, Partha Chatterjee, the then Education Minister of West Bengal from the Trinamool Congress said that "Lesbianism is against Bengali Culture" {{cite web |date=15 March 2018 |title=West Bengal education minister claims he has 'never' heard of lesbians in the state, says it's against Bengal's 'ethos' |url=https://www.firstpost.com/india/west-bengal-education-minister-claims-he-has-never-heard-of-lesbians-in-the-state-says-its-against-bengals-ethos-4391245.html}}

In September 2018, Dravidianist DMK Treasurer Duraimurugan labelled gay marriages as most barbaric.{{cite web |url=https://www.dtnext.in/tamilnadu/2018/09/13/gay-marriages-are-barbaric-says-duraimurugan |title=Gay marriages are barbaric, says Duraimurugan |date=13 September 2018 |website=DT Next |access-date=April 2, 2025 |archive-url=https://web.archive.org/web/20220425114213/https://www.dtnext.in/tamilnadu/2018/09/13/gay-marriages-are-barbaric-says-duraimurugan |archive-date=April 25, 2022}}

In September 2018, Islamist AIMIM Head and MP Asaduddin Owaisi demanded the Government to overturn Criminalisation of Triple Talaq after India's Supreme Court decriminalized Homosexuality.{{cite web |url=https://www.indiatoday.in/india/story/triple-talaq-bill-asaduddin-owaisi-1573483-2019-07-25 |title=You are penalising women: Owaisi on triple talaq bill |date=25 July 2019 |website=India Today |access-date=April 2, 2025 |archive-url=https://web.archive.org/web/20190725141413/https://www.indiatoday.in/india/story/triple-talaq-bill-asaduddin-owaisi-1573483-2019-07-25 |archive-date=July 25, 2019}}

In September 2022, Former Journalist and Trinamool Congress MP Kunal Ghosh equated homosexuality to perversion to derogatorily describe the death of Opposition Leader Suvendhu Adhikari's Bodyguard. He said "Adhikari tried to approach one of his bodyguards with his perverse sexual advances and later that bodyguard was found dead under mysterious circumstances". This was met with a protest by Queer Rights Activists.{{cite web |date=16 September 2022 |title=Queer activists hit the streets protesting Kunal Ghosh's 'homosexual' jibe |url=https://www.timesnownews.com/mirror-now/in-focus/queer-activists-hit-the-streets-protesting-kunal-ghoshs-homosexual-jibe-article-94254845}}

In December 2022, Abdurahiman Randathani, a former legislator from Indian Union Muslim League claimed that "in the name of sexual education, the government was encouraging homosexuality and pervert acts like masturbation."

{{cite web |date=13 December 2022 |title='Govt encouraging homosexuality': IUML leader on new school curriculum |url=https://www.hindustantimes.com/india-news/govt-encouraging-homosexuality-iuml-leader-on-new-school-curriculum-101670944328865.html}}

In December 2002, Naz Foundation filed a Public Interest Litigation (PIL) to challenge IPC Section 377 in the Delhi High Court.{{cite web |title=Advocacy: Section 377 |url=http://www.nazindia.org/advocacy.htm |url-status=dead |archive-url=https://archive.today/20120630065247/http://www.nazindia.org/advocacy.htm |archive-date=30 June 2012 |publisher=Naz Foundation (India) Trust}} On 4 July 2008, the Delhi High Court noted that there was "nothing unusual" in holding a gay rally, something which is common outside India.{{Cite news |date=4 July 2008 |title=High Court dismisses case against gay rally |url=https://www.hindustantimes.com/delhi-news/high-court-dismisses-case-against-gay-rally/story-6WsvCLawczqNuQFLUse4EL.html |access-date=11 May 2018 |work=hindustantimes.com/ |language=en}}

On 2 July 2009, in the case of Naz Foundation v National Capital Territory of Delhi, the High Court of Delhi struck down much of S. 377 of the IPC as being unconstitutional. The Court held that to the extent S. 377 criminalised consensual non-vaginal sexual acts between adults, it violated an individual's fundamental rights to equality before the law, freedom from discrimination and to life and personal liberty under Articles 14, 15 and 21 of the Constitution of India. The High Court did not strike down Section 377 completely. It held the section to be valid in case of non-consensual non-vaginal intercourse or to intercourse with minors, and it expressed the hope that Parliament would legislatively address the issue.{{cite news |author=Yuvraj Joshi |date=21 July 2009 |title=A New Law for India's Sexual Minorities |url=https://www.theguardian.com/commentisfree/2009/jul/21/india-gay-rights-law |access-date=12 December 2010 |newspaper=The Guardian |location=London}}

On 11 December 2013, on responding an appeal filed by an astrologer Suresh Kumar Koushal and others,{{cite news |date=21 December 2013 |title=It is like reversing the motion of the earth |url=http://www.thehindu.com/features/metroplus/society/it-is-like-reversing-the-motion-of-the-earth/article5483306.ece |access-date=4 April 2014 |newspaper=The Hindu |location=Chennai, India}} the Supreme Court of India upheld the constitutionality of Section 377 of the IPC, and stated that the Court was instead deferring to Indian legislators to provide the sought-after clarity.{{cite news |last=Shyamantha |first=Asokan |date=11 December 2013 |title=India's Supreme Court turns the clock back with gay sex ban |url=https://www.reuters.com/article/2013/12/11/us-india-rights-gay-idUSBRE9BA05620131211 |url-status=dead |archive-url=https://web.archive.org/web/20131216040454/http://www.reuters.com/article/2013/12/11/us-india-rights-gay-idUSBRE9BA05620131211 |archive-date=16 December 2013 |access-date=11 December 2013 |newspaper=Reuters}}

On 28 January 2014, Supreme Court dismissed the review petition filed by Central Government, Naz Foundation and several others, against its 11 December verdict on Section 377 of IPC.{{cite news |date=28 January 2014 |title=SC Dismisses Homosexuality Review Plea |url=http://www.newindianexpress.com/nation/SC-Dismisses-Homosexuality-Review-Plea/2014/01/28/article2024501.ece |url-status=dead |archive-url=https://web.archive.org/web/20140407151057/http://www.newindianexpress.com/nation/SC-Dismisses-Homosexuality-Review-Plea/2014/01/28/article2024501.ece |archive-date=7 April 2014 |access-date=4 April 2014 |newspaper=The New Indian Express}}

In January 2015, National Crime Records Bureau (NCRB) said that according to data collected, 778 cases were filed under Section 377 of IPC and 587 arrests were made in 2014 until October after the Supreme Court verdict. Some states are yet to submit their full data.{{cite news |date=10 January 2015 |title=600 homosexuals arrested in 2014 |url=http://www.deccanherald.com/content/451095/600-homosexuals-arrested-2014.html |access-date=8 January 2015 |work=Deccan Herald}}

On 18 December 2015 Shashi Tharoor, a member of the Indian National Congress, introduced a Private Members Bill for the decriminalisation of Section 377 of the Indian Penal Code in the Lok Sabha, but the motion was rejected by house by a vote of 71–24 with one abstention.{{cite news |date=18 December 2015 |title=Shashi Tharoor's bill to decriminalise homosexuality defeated in Lok Sabha |url=http://indianexpress.com/article/india/india-news-india/shashi-tharoors-bill-to-decriminalise-homosexuality-defeated-in-ls/ |access-date=26 August 2016 |work=The Indian Express}}

On 12 March 2016, Tharoor once again introduced a Private Members Bill for the decriminilsation of Section 377. However, the motion for introduction was yet again defeated by a division of 58–14 with one abstention.{{cite news |date=12 March 2016 |title=Lok Sabha votes against Shashi Tharoor's bill to decriminalise homosexuality. Again. |url=http://indianexpress.com/article/india/india-news-india/decriminalising-homosexuality-lok-sabha-votes-against-shashi-tharoors-bill-again/ |access-date=26 August 2016 |work=The Indian Express}}

On 2 February 2016, the Supreme Court agreed to reconsider its 2013 judgment; it said it would refer petitions to abolish Section 377 to a five-member constitutional bench, which would conduct a comprehensive hearing of the issue.{{cite news |last=Rajagopal |first=Krishnadas |date=2 January 2016 |title=Supreme Court refers plea against Section 377 to five-judge Bench |url=http://www.thehindu.com/news/national/supreme-court-refers-plea-against-section-377-to-5judge-bench/article8183860.ece?homepage=true |access-date=2 January 2016 |newspaper=The Hindu}}

On 24 August 2016 a draft law for the ban of commercial surrogacy was cleared by the Union Cabinet and announced by Sushma Swaraj, the Minister of External Affairs (India). The draft bill denied homosexuals the right to have surrogate children, with Swaraj stating "We do not recognise live-in and homosexual relationships ... this is against our ethos".{{cite news |date=24 August 2016 |title=India proposes commercial surrogacy ban; live-ins, homosexuals worst hit |url=http://www.hindustantimes.com/india-news/india-proposes-ban-on-commercial-surrogacy-homosexuals-live-ins-worst-hit/story-Vb1fKz0XSJPdCT7GbympkO.html |access-date=26 August 2016 |work=hindustantimes}}

On 24 August 2017, the Supreme Court upheld that the right to individual privacy is an "intrinsic" and fundamental right under the constitution.{{cite web |date=24 August 2017 |title=India's Supreme Court Upholds Right to Privacy |url=https://www.hrw.org/news/2017/08/24/indias-supreme-court-upholds-right-privacy |access-date=19 November 2017 |website=Human Rights Watch |language=en}} In its 547-page decision on privacy rights, the nine-judge bench also held that "sexual orientation is an essential attribute of privacy". The judgement noted, "Discrimination against an individual on the basis of sexual orientation is deeply offensive to the dignity and self-worth of the individual. Equality demands that the sexual orientation of each individual in society must be protected on an even platform. The right to privacy and the protection of sexual orientation lie at the core of the fundamental rights guaranteed by Articles 14, 15 and 21 of the Constitution."{{cite web |date=27 August 2017 |title=India's Supreme Court Has Ruled That Sexual Orientation Is A Fundamental Privacy Right |url=https://www.themarysue.com/india-supreme-court-lgbt-privacy/ |access-date=19 November 2017 |website=themarysue.com |language=en}}

On 10 July 2018, the Supreme Court upheld the importance of the rights of the LGBT community. Justice D. Y. Chandrachud, in the proceedings of the court, held that choosing a partner was every person's fundamental right.{{cite news |last1=Rajagopal |first1=Krishnadas |date=10 July 2018 |title='Choosing a partner is a person's fundamental right' |url=https://www.thehindu.com/todays-paper/state-parents-cant-influence-an-adults-choice-of-partner/article24384163.ece |access-date=12 July 2018 |website=The Hindu |language=en}}

On 6 September 2018, the Supreme Court struck down the part of section 377, a British-era provision, criminalising consensual homosexual activities. The court upheld that other aspects of section 377 criminalising unnatural sex with minors and animals will remain in force.

{{Multiple image

| direction = vertical

| image1 = Homosexuality in Khajuraho sculpture.jpg

| caption1 = Erotic sculptures of two men (centre) at the Khajuraho temples

| image2 = Two women embracing and using carrots as dildoes. Gouache Wellcome L0033073.jpg

| caption2 = Two women using carrots as dildos, 20th century gouache painting

}}

{{See also|LGBT rights in India}}

On 6 September 2018, consensual gay sex was legalised by India's Supreme Court.{{cite news |last1=Rajagopal |first1=Krishnadas |date=6 September 2018 |title=SC decriminalises homosexuality, says history owes LGBTQ community an apology |url=https://www.thehindu.com/news/national/sc-de-criminalises-homosexuality-says-history-owes-lgbtq-community-an-apology/article24881549.ece?homepage=true |work=The Hindu}} Furthermore, the BJP refused the cross-parliamentary recommendation to transfer the Section 377 to the Bharatiya Nyaya Sanhita, decriminalising specific law that referred to homosexual rape and removing anti-homosexual laws from the books. {{Cite web |last=Livemint |date=2023-12-11 |title=New criminal laws get govt nod, disagrees with Parl panel on adultery, gay sex |url=https://www.livemint.com/news/india/modi-govt-greenlights-introduction-of-new-criminal-laws-disagrees-with-parliament-panel-on-adultery-gay-sex-11702300108770.html |access-date=2024-04-15 |website=mint |language=en}}

On 24 August 2017, India's Supreme Court gave the country's LGBT community the freedom to safely express their sexual orientation. Therefore, an individual's sexual orientation is protected under the country's Right to Privacy law.{{cite web |url=http://www.hindustantimes.com/india-news/sc-verdict-says-sexual-orientation-part-of-privacy-lgbt-community-celebrates/story-wk3PFmNK0G2tCpBK4GyjZK.html |title=SC verdict says sexual orientation part of privacy, LGBT community celebrates |work=Hindustan Times |author=Dhrubo Jyoti |date=24 August 2017}} However, the Supreme Court did not directly overturn any laws criminalising same-sex relationships, which was later overturned in 2018.{{cite web |url=http://www.huffingtonpost.com/entry/india-declares-freedom-of-sexual-orientation-a-fundamental-right_us_599f574ee4b05710aa5b4194 |title=India Declares Freedom of Sexual Orientation A Fundamental Right |work=The Huffington Post |author=Doha Madani |date=24 August 2017}}

Cohabitation of same-sex couples is legal in India. They have been granted a handful of cohabitation protections and family rights.{{Cite journal |last=Mathur |first=Vaishali |date=June 2020 |title=Homosexual Live-in relationship in India: Socio Legal Dimension in reference to Right to life or Social stigma |url=https://psychosocial.com/article/29168 |journal=International Journal of Psychosocial Rehabilitation |language=en |volume=24 |issue=8 |pages=14989–14995 |issn=1475-7192 |access-date=15 April 2024 |archive-date=5 January 2024 |archive-url=https://web.archive.org/web/20240105150337/https://www.psychosocial.com/article/29168 |url-status=dead }}{{Cite web |date=2020-08-09 |title=Indian High Court Reaffirms Same-sex Couples' Right to Cohabitation |url=https://www.humanrightspulse.com/mastercontentblog/indian-high-court-reaffirms-same-sex-couples-right-to-cohabitation |access-date=2024-01-05 |website=Human Rights Pulse |language=en-US}}{{Cite web |url=https://news.abplive.com/news/india/sc-says-queer-couples-can-live-in-but-doesn-t-legalise-marriage-onus-on-parliament-now-1636476 |title=SC Says Queer Couples Can Live-In, But Doesn't Legalise Marriage. Onus On Parliament Now |date=October 17, 2023 |website=ABP |language=en |access-date=April 2, 2025 |archive-url=https://web.archive.org/web/20231018011229/https://news.abplive.com/news/india/sc-says-queer-couples-can-live-in-but-doesn-t-legalise-marriage-onus-on-parliament-now-1636476 |archive-date=October 18, 2023}}

In February 2017, the Ministry of Health and Family Welfare unveiled resource material relating to health issues to be used as a part of a nationwide adolescent peer-education plan called Saathiya. Among other subjects, the material discusses homosexuality. The material states, "Yes, adolescents frequently fall in love. 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."{{cite web|date=21 February 2017|title=Same-sex attraction is OK, boys can cry, girl's no means no|url=http://indianexpress.com/article/india/same-sex-attraction-is-ok-boys-can-cry-girls-no-means-no-health-ministry-sex-education-4535410/|access-date=21 February 2017|website=The Indian Express|language=en}}{{cite web|date=21 February 2017|title=Homosexual attraction is OK; 'NO' means no: Health Ministry rises above Indian stereotypes|url=http://www.financialexpress.com/jobs/homosexual-attraction-is-ok-no-means-no-health-ministry-rises-above-indian-stereotypes/560227/|access-date=21 February 2017|website=The Financial Express}}

India provides some legal recognition of homosexual partnerships as live-in relationships. It does not provide for legal marriages, common law marriages, guardianship, civil unions, or issue partnership certificates,{{Cite journal |last=Mathur |first=Vaishali |date=June 2020 |title=Homosexual Live-in relationship in India: Socio Legal Dimension in reference to Right to life or Social stigma |url=https://psychosocial.com/article/29168 |journal=International Journal of Psychosocial Rehabilitation |language=en |volume=24 |issue=8 |pages=14989–14995 |issn=1475-7192 |access-date=15 April 2024 |archive-date=5 January 2024 |archive-url=https://web.archive.org/web/20240105150337/https://www.psychosocial.com/article/29168 |url-status=dead }}{{Cite web |date=2020-08-09 |title=Indian High Court Reaffirms Same-sex Couples' Right to Cohabitation |url=https://www.humanrightspulse.com/mastercontentblog/indian-high-court-reaffirms-same-sex-couples-right-to-cohabitation |access-date=2024-01-05 |website=Human Rights Pulse |language=en-US}} though same-sex couples can attain the rights and benefits as a live-in couple (analogous to cohabitation) as per Supreme Court of India landmark decision Deepika Singh v. Central Administrative Tribunal in August 2022.{{Cite news |title=In a first, Gurgaon court recognizes lesbian marriage |url=http://timesofindia.indiatimes.com/city/gurgaon/In-a-first-Gurgaon-court-recognizes-lesbian-marriage/articleshow/9401421.cms |access-date=2017-01-31 |newspaper=The Times of India}}{{cite web |date=19 June 2020 |title=Can't marry, but same sex couples have right to live together: Uttarakhand High Court |url=https://theprint.in/judiciary/cant-marry-but-same-sex-couples-have-right-to-live-together-uttarakhand-high-court/444706/ |website=Theprint.in}} There are number of companies that provide services to homosexuals in live-in relationships such as financial services{{Cite web |date=2019-08-24 |title=Insurance for same-sex partners? Here's how it works |url=https://www.cnbctv18.com/personal-finance/insurance-for-same-sex-partners-heres-how-it-works-4237361.htm |access-date=2024-01-05 |website=CNBCTV18 |language=en}} and healthcare services.{{Cite web |last=Livemint |date=2022-06-07 |title=HealthySure to include LGBTQ+ in group health insurance policy |url=https://www.livemint.com/companies/news/healthysure-to-include-lgbtq-in-group-health-insurance-policy-11654582750260.html |access-date=2024-01-05 |website=mint |language=en}}

Hinduism traditionally believed that there is no role for the state in marriage and that it was a private/societal issue to be dealt with locally. Marriage was codified into the legal system through the Hindu Marriage Law by the British Raj, though this was not a perfect interpretation of the original marriages conducted before that time and was to deal with divorce proceedings, and the colonial laws only allowed for heterosexual marriages to be performed.{{Cite book| url=https://academic.oup.com/book/9238/chapter-abstract/155928353?redirectedFrom=fulltext | doi=10.1093/acprof:oso/9780195699210.003.0008 | chapter=Hindu Marriage Law | title=Hindu Law | date=2009 | last1=Werner | first1=Menski | pages=273–321 | publisher=Oxford University Press | isbn=978-0-19-569921-0 }} Despite the legal requirement to register a marriage with the government, the vast majority of Hindu marriages are not registered with government and are instead conducted through unwritten common law.{{Cite news |date=2015-08-13 |title=Most marriages not registered despite Act making it mandatory |url=https://timesofindia.indiatimes.com/city/visakhapatnam/most-marriages-not-registered-despite-act-making-it-mandatory/articleshow/48460991.cms |access-date=2023-12-22 |work=The Times of India |issn=0971-8257}}{{Cite web |last=Johari |first=Aarefa |date=2017-07-16 |title=Should marriage registration be mandatory? Only if the process is simplified, say couples |url=https://scroll.in/article/843571/should-marriage-registration-be-mandatory-only-if-the-process-is-simplified-say-couples |access-date=2024-01-05 |website=Scroll.in |language=en-US}}{{Cite web |title=India: Supreme Court Rules on Mandatory Marriage Registration |url=https://www.loc.gov/item/global-legal-monitor/2007-11-02/india-supreme-court-rules-on-mandatory-marriage-registration/ |access-date=2024-01-05 |website=Library of Congress, Washington, D.C. 20540 USA}}

Several same-sex couples have married in traditional Hindu ceremonies; however, these marriages were not able to be registered and couples do not attain all the same rights and benefits as heterosexual married couples.{{cite web |date=7 December 2020 |title=Jharkhand: Same sex couple ties knot at Koderma temple, says they plan to legalise marriage |url=https://timesofindia.indiatimes.com/city/ranchi/same-sex-couple-ties-knot-at-koderma-temple-says-they-plan-to-legalise-marriage/articleshow/79596765.cms |work=The Times of India}}{{Citation |last=AIDS Bhedbhav Virodhi Andolan |title=Less than Gay: A Citizens' Report on the Status of Homosexuality in India |date=1991 |url=https://s3.amazonaws.com/s3.documentcloud.org/documents/1585664/less-than-gay-a-citizens-report-on-the-status-of.pdf |archive-url=https://web.archive.org/web/20160304110430/https://s3.amazonaws.com/s3.documentcloud.org/documents/1585664/less-than-gay-a-citizens-report-on-the-status-of.pdf |archive-date=4 March 2016}}

Buddhism considers marriage to be a secular issue or a social contract, and therefore not a religious matter.{{Cite web |title=What Buddhism Teaches About Romantic Love and Marriage |url=https://www.learnreligions.com/love-marriage-and-buddhism-449586 |access-date=2024-01-24 |website=Learn Religions |language=en}} There is no official marriage service and marriage customs are often adopted from local cultural traditions, for example with Andi Fian arguing that prohibitions against homosexual marriage in Confucianism may have influenced Chinese Buddhism.{{Cite book |title=Sexuality and gender |url=https://academic.oup.com/book/28469/chapter/229097470 |access-date=2024-01-24 |date=2020 |doi=10.1093/actrade/9780198850052.003.0004 |last1=Keown |first1=Damien |chapter=Sexuality and gender |pages=48–60 |isbn=978-0-19-885005-2 }}{{Cite journal |last=Fian |first=Andi |date=2 December 2022 |title=BUDDHISM AND CONFUCIANISM ON HOMOSEXUALITY: THE ACCEPTANCE AND REJECTION BASED ON THE ARGUMENTS OF RELIGIOUS TEXTS |url=https://philarchive.org/archive/ALFBAC |journal=Journal of Religious Studies |language=English |publisher=Center for Religious and Cross-cultural Studies (CRCS) |publication-place=Sekolah Pascasarjana, Universitas Gadjah Mada |volume=3 |issue=2 |pages=73–82 |via=Phil}}

Since the 2010s, courts in several states, including Gujarat, Himachal Pradesh, Kerala, Odisha, Punjab, Uttar Pradesh and Uttarakhand, have ruled on an individual basis that cohabitation (also known as "live-in relationships") between same-sex couples is not unlawful and entitled to legal protection. This has often only entailed limited inheritance benefits or police protection from family.

The Supreme Court in 2022 provided limited equal rights to those in live-in relationships while also recognising homosexual live-in couples as being part of a familital unit.{{Cite web |last=Livemint |date=2022-08-28 |title=Supreme Court on unmarried partnerships, queer relationships: 'Family unit..' |url=https://www.livemint.com/news/india/supreme-court-on-unmarried-partnerships-queer-relationships-family-unit-as-real-as-read-here-11661705797437.html |access-date=2024-01-05 |website=mint |language=en}}

On 17 October 2023, the Supreme Court of India unanimously voted against the legalization of same-sex marriage, but reiterated the rights of LGBT citizens under the constitution and empowered parliament or state legislatures to enact their own laws to "meet challenges" faced by the LGBT community and regulate rights.{{Cite web |last=Ahsan |first=Sofi |date=2023-10-17 |title=States free to enact laws recognising same-sex marriage in absence of central law: Supreme Court |url=https://www.barandbench.com/news/states-free-enact-laws-recognising-same-sex-marriage-absence-central-law-supreme-court |access-date=2023-10-18 |website=Bar and Bench - Indian Legal news |language=en}}{{cite news |last1=Staff |first1=The Wire |date=17 October 2023 |title=SC Doesn't Legalise Marriage Equality, 2 of 5 Judges Says Queer Couples Must Be Given Legal Rights |url=https://thewire.in/law/marriage-equality-supreme-court-decision |archive-url=https://web.archive.org/web/20231017073042/https://thewire.in/law/marriage-equality-supreme-court-decision |archive-date=17 October 2023 |access-date=17 October 2023 |work=The Wire |location=New Delhi |language=en}}

The ruling government of the BJP/NDA's position on recognition of same-sex relationships is to address the "human concerns" about same-sex couples within the context of Hinduism by providing equal financial and legal rights. The sources stated that the recognition of same-sex marriage would require the backing from all religious groups.{{Cite web |title=India to consider more LGBTQ rights but not legalising same-sex marriage - sources |url=https://www.thestar.com.my/news/world/2023/10/20/india-to-consider-more-lgbtq-rights-but-not-legalising-same-sex-marriage---sources |access-date=2024-03-01 |website=The Star |date=20 October 2023 |language=en}}{{cite web |url=https://www.usnews.com/news/world/articles/2023-10-20/india-to-consider-more-lgbtq-rights-but-not-legalising-same-sex-marriage-sources |title=India to consider more LGBTQ rights but not legalising same-sex marriage |date=October 20, 2023 |website=US News |access-date=April 2, 2025 |archive-url=https://web.archive.org/web/20231025072717/https://www.usnews.com/news/world/articles/2023-10-20/india-to-consider-more-lgbtq-rights-but-not-legalising-same-sex-marriage-sources |archive-date=October 25, 2023}} Conversely, the Indian National Congress party manifesto promised to enact same-sex civil unions if they gain control of the Lok Sabha with the 2024 Indian general election.{{cite web | url=https://www.thequint.com/news/politics/key-highlights-of-congress-manifesto-caste-census-same-sex-marriage-statehood-for-jk#read-more | title=Caste Census, J&K Statehood, LGBTQ+ Civil Unions: Congress Manifesto Promises | date=5 April 2024 }}

Muslims have described that it is "difficult" to be a Muslim in India's LGBTQ spaces.{{Cite web |last=Sheth |first=Anisha |date=2016-06-23 |title=Being queer, Muslim and Indian: Battling homophobia and Islamophobia together |url=https://www.thenewsminute.com/features/being-queer-muslim-and-indian-battling-homophobia-and-islamphobia-together-45335 |access-date=2024-06-16 |website=The News Minute |language=en}} Some LGBTQ Muslims describe feeling pressured to disassociate themselves from Islam.{{Cite web |date=2018-08-03 |title=Queer and Islam: There's no conflict, a Delhi project set to tell you |url=https://indianexpress.com/article/india/the-queer-muslim-project-delhi-rafuil-alom-rehman-homophobia-islamophobia-5288514/ |access-date=2024-06-16 |website=The Indian Express |language=en}}

An opinion poll of the LGBTQ community found that 50% supported the ruling BJP party, with only 25% supporting the left-wing party. There have been several BJP politicians that have voiced support for the LGBTQ community yet engaged in hate speech against Muslims.{{Cite web |url=https://www.dailymirror.lk/international/LGBTQ-community-shows-strong-support-for-PM-Modi-in-Indian-General-Election/107-284092 |title=LGBTQ community shows strong support for PM Modi in Indian General Election |date=June 4, 2024 |website=Daily Mirror |access-date=April 2, 2025 |language=English |archive-url=https://web.archive.org/web/20240605023100/https://www.dailymirror.lk/international/LGBTQ-community-shows-strong-support-for-PM-Modi-in-Indian-General-Election/107-284092 |archive-date=June 5, 2024}}{{Cite web |url=https://www.theaustraliatoday.com.au/lgbtq-community-shows-strong-support-for-pm-modi-in-indian-general-election-survey-reveals/ |title=LGBTQ Community Shows Strong Support for PM Modi in Indian General Election, Survey Reveals |last=Bharadwaj |first=Jai |website=The Australia Today |date=4 June 2024 |access-date=April 2, 2025 |archive-url=https://web.archive.org/web/20240604010828/https://www.theaustraliatoday.com.au/lgbtq-community-shows-strong-support-for-pm-modi-in-indian-general-election-survey-reveals/ |archive-date=June 4, 2024}}{{Cite thesis |url=https://hdl.handle.net/10315/41408 |title=LGBTQ Activisms and Hindu Nationalism in India: An Ethnographic Inquiry |last=Chatterjee |first=Shraddha |degree=PHD |date=August 4, 2023 |website=York University |hdl=10315/41408 |access-date=April 2, 2025 |archive-url=https://web.archive.org/web/20241130064932/https://yorkspace.library.yorku.ca/items/7a44d096-6943-4f9a-bbca-276fb3d1cfaa |archive-date=November 30, 2024}} India's highly influential and militant far right party has voiced support for LGBTQ rights.{{Cite web |url=https://www.reuters.com/world/india/leader-influential-hindu-group-backs-lgbt-rights-india-2023-01-11/ |title=Leader of influential Hindu group backs LGBT rights in India |last1=Jain |first1=Rupam |last2=Chaturvedi |first2=Arpan |date=January 11, 2023 |website=Reuters |access-date=April 2, 2025 |archive-url=https://web.archive.org/web/20230111083221/https://www.reuters.com/world/india/leader-influential-hindu-group-backs-lgbt-rights-india-2023-01-11/ |archive-date=January 11, 2023}}

A number of conservative religious organizations in South Asia have voiced support for LGBTQ rights, including the Buddhist Asgirya Chapter in Sri Lanka and Hindu RSS in India.{{Cite web |title=Sexual Orientation and Gender Identity Rights in Sri Lanka |date=11 September 2016 |url=https://srilankabrief.org/sexual-orientation-and-gender-identity-rights-in-sri-lanka-damith-chandimal/}}

{{See also|LGBT culture in India}}

File:Bangalore Gay Pride Parade (15).jpg

In 2005, Prince Manvendra Singh Gohil, publicly came out as gay. He was disinherited as an immediate reaction by the royal family, though they eventually reconciled. He appeared on the American talk show The Oprah Winfrey Show on 24 October 2007,{{cite news|url=http://www.rediff.com/news/2007/oct/26look1.htm|title=India's gay prince appears on Oprah show|newspaper=Rediff|date=27 October 2007|access-date=4 April 2014}} and on BBC Three's Undercover Princes.{{cite web|url=http://www.bbc.co.uk/programmes/b00gtkyq | title=Undercover Princes|date=27 April 2011|access-date=4 April 2014|publisher=BBC Three}} In 2008, Zoltan Parag, a competitor at the Mr. Gay International contest, said that he was apprehensive about returning to India. He said, "Indian media has exposed me so much that now when I call my friends back home, their parents do not let them talk to me".{{cite news|title=I'm scared to return to India|url=http://www.hindustantimes.com/lifestyle/fashion/i-m-scared-to-return-to-india/article1-273159.aspx|archive-url=https://web.archive.org/web/20140407100617/http://www.hindustantimes.com/lifestyle/fashion/i-m-scared-to-return-to-india/article1-273159.aspx|url-status=dead|archive-date=7 April 2014|access-date=5 April 2014|newspaper=Hindustan Times|date=1 February 2008}}

On 29 June 2008, five Indian cities (Delhi, Bangalore, Kolkata, Indore and Pondicherry) celebrated gay pride parades. About 2,000 people turned out in these nationwide parades. Mumbai held its pride march on 16 August 2008, with Bollywood actress Celina Jaitley flagged off the festivities.{{cite web|url=http://www.dnaindia.com/report.asp?newsid=1183870|title=Mumbai's gay pride comes to fore|newspaper=DNA India|date=17 August 2008|access-date=5 April 2014}} On 4 July 2008, the Delhi High Court, while hearing the case to decriminalise homosexuality, opined that there was nothing unusual in holding a gay rally, something which is common outside India.{{cite news |url=http://www.hindustantimes.com/redir.aspx?ID=219b4cdd-e168-4e97-8bf0-4707d19d5129 |archive-url=https://archive.today/20081211083105/http://www.hindustantimes.com/redir.aspx?ID=219b4cdd-e168-4e97-8bf0-4707d19d5129 |url-status=dead |archive-date=11 December 2008 |title=High Court dismisses case against gay rally |newspaper=Hindustan Times |date=4 July 2008 |access-date=20 January 2011 }}

Days after the 2 July 2009 Delhi High Court verdict legalising homosexuality, Pink Pages, India's first online LGBT magazine was released.{{cite news|title=Rainbow Chronicles|url=http://archive.indianexpress.com/news/rainbow-chronicles/509187/0|access-date=5 April 2014|newspaper=The Indian Express|date=31 August 2009}} On 16 April 2009, India's first gay magazine Bombay Dost originally launched in 1990, was re-launched by Celina Jaitley in Mumbai.{{cite news |url=http://www.bollywoodreloaded.com/632/celina-jaitley-at-re-launch-of-pro-gay-mag-bombay-dost.php |title=Celina Jaitley at re-launch of pro-gay mag Bombay Dost |newspaper=Bollywood Reloaded |date=19 April 2009 |access-date=20 January 2011 |archive-url=https://web.archive.org/web/20110708082034/http://www.bollywoodreloaded.com/632/celina-jaitley-at-re-launch-of-pro-gay-mag-bombay-dost.php |archive-date=8 July 2011 |url-status=dead }}

On 27 June 2009, Bhubaneswar, the capital city of Odisha, saw its first gay pride parade.{{cite news|url=http://www.telegraphindia.com/1090628/jsp/nation/story_11167322.jsp |archive-url=https://web.archive.org/web/20090701044816/http://www.telegraphindia.com/1090628/jsp/nation/story_11167322.jsp |url-status=dead |archive-date=1 July 2009 |title=Maiden rainbow pride walk |newspaper=The Telegraph (India) |location=Bhubaneswar |date=28 June 2009 |access-date=20 January 2011}} A day later, Union Law Minister Veerappa Moily announced that the Union Home Minister has convened a meeting with the Union Law Ministers, Union Health Ministers and Home Ministers of all states to evolve a consensus on decriminalising homosexuality in India.{{cite news|title=Centre won't rush Sec 377 repeal, says Moily|url=http://www.rediff.com/news/report/not-rushing-gay-law-repeal-moily/20090628.htm|access-date=5 April 2014|newspaper=Rediff|date=28 June 2009}} On 28 June 2009, Delhi and Bangalore held their second gay pride parades, and Chennai, generally considered to be a very conservative city, held its first.{{cite news|title=City prepares for gay pride march|url=http://timesofindia.indiatimes.com/city/chennai/City-prepares-for-gay-pride-march/articleshow/4642420.cms|access-date=5 April 2014|newspaper=The Times of India|date=11 June 2009}}{{cite news |title= Gay activists rejoice over Centre's plan, hold parades |url= http://timesofindia.indiatimes.com/india/Gay-activists-rejoice-over-Centres-plan-hold-parades/articleshow/4713107.cms |newspaper=The Times of India |date= 29 June 2009 |access-date= 27 October 2016 }}

File:Anjali gopalan.jpg Pride Parade at Madurai with Anjali Gopalan and Gopi Shankar Madurai{{cite web|url=http://www.newindianexpress.com/education/edex/One-Who-Fights-For-an-Other/2015/04/13/article2756559.ece|archive-url=https://web.archive.org/web/20150519130306/http://www.newindianexpress.com/education/edex/One-Who-Fights-For-an-Other/2015/04/13/article2756559.ece|url-status=dead|archive-date=19 May 2015|title=One Who Fights For an Other|work=The New Indian Express}}|left]]

Madurai celebrated city's first LGBTQ Rainbow festival on 29 July 2012, Anjali Gopalan inaugurated Alan Turing Rainbow festival and flagged off the Asia's first Gender queer pride parade as a part of Turing Rainbow festival organised by Srishti Madurai, a literary and resource circle for alternative gender and sexualities. It was established by Gopi Shankar a student of The American College in Madurai to eradicate social discrimination faced by the LGBT and Genderqueer community. The objective of the organisation in to highlight 20 different types of Genders.{{cite news|url=http://www.thehindu.com/news/cities/Madurai/article3702689.ece|location=Madurai |title=Madurai comes out of the closet |newspaper=The Hindu|date=30 July 2012 |access-date=6 April 2014 |first=D. |last=Karthikeyan}}{{cite web|url=http://www.merinews.com/article/worldwide-gay-rights-as-a-social-movement-picks-up/15914647.shtml|title=Worldwide gay rights as a social movement picks up|access-date=15 May 2016|archive-url=https://web.archive.org/web/20170802091818/http://www.merinews.com/article/worldwide-gay-rights-as-a-social-movement-picks-up/15914647.shtml|archive-date=2 August 2017|url-status=dead}}

On 1 May 2011, Kolkata Rainbow Pride Festival (KRPF) was formed to take the initiative of organising Pride Walk in Kolkata. Since then the initiative of Queer Pride Parade in Kolkata is being taken by KRPF. The 11th Kolkata Rainbow Pride Walk, held on 15 July 2012, was attended by more than 1500 people.{{cite news|title=Pride parade breaks record|url=http://www.telegraphindia.com/1120716/jsp/calcutta/story_15733112.jsp|archive-url=https://web.archive.org/web/20140407073347/http://www.telegraphindia.com/1120716/jsp/calcutta/story_15733112.jsp|url-status=dead|archive-date=7 April 2014|access-date=6 April 2014|newspaper=The Telegraph (India)|date=16 July 2012|author=Mohua Das|location=Kolkata}} Kolkata hosted South Asia's first pride walk in 1999.{{cite web |url=https://www.bbc.com/news/world-asia-india-66220514 |title=LGBTQ+: India's first Pride march which made history |date=July 25, 2023 |website=BBC |access-date=April 2, 2025 |archive-url=https://web.archive.org/web/20230726002711/https://www.bbc.com/news/world-asia-india-66220514 |archive-date=July 26, 2023}}{{cite web |url=https://www.telegraphindia.com/my-kolkata/events/the-city-celebrated-25-years-of-the-1999-friendship-walk-as-thousands-gathered-for-the-oldest-pride-walk-in-india-photogallery/cid/2071316 |title=25 years of Pride: marching for love, equality, inclusivity at Kolkata Rainbow Pride Walk 2024 |last=Karia |first=Vedant |date=December 17, 2024 |website=The Telegraph |access-date=April 2, 2025 |archive-url=https://web.archive.org/web/20241221145343/https://www.telegraphindia.com/my-kolkata/events/the-city-celebrated-25-years-of-the-1999-friendship-walk-as-thousands-gathered-for-the-oldest-pride-walk-in-india-photogallery/cid/2071316?slide=1 |archive-date=December 21, 2024}}

Chandigarh held its first LGBT pride parade on 15 March 2013 and it has been held annually ever since.{{cite web |url=https://indianexpress.com/article/cities/chandigarh/lgbts-come-out-of-closet-to-march-for-pride-identity-tomorrow/ |title=LGBTs come out of closet, to march for pride, identity tomorrow |last=Choudhary |first=Srishti |date=March 14, 2013 |website=The Indian Express |access-date=April 2, 2025 |archive-url=https://web.archive.org/web/20160803072755/https://indianexpress.com/article/cities/chandigarh/lgbts-come-out-of-closet-to-march-for-pride-identity-tomorrow/ |archive-date=August 3, 2016}}

The first LGBT pride parade in Gujarat state was held at Surat on 6 October 2013.{{cite news |url=https://www.telegraph.co.uk/news/worldnews/asia/india/10360598/First-gay-parade-held-in-Indias-Gujarat-state.html |title=First gay parade held in India's Gujarat state |newspaper=The Telegraph (UK) |date=7 October 2013 |access-date=5 April 2014 |location=London |archive-url=https://web.archive.org/web/20131007132430/http://www.telegraph.co.uk/news/worldnews/asia/india/10360598/First-gay-parade-held-in-Indias-Gujarat-state.html|url-status=dead|archive-date=7 October 2013}}

Rajasthan witnessed its first pride event on 1 March 2015, when a pride walk was held in Jaipur.{{cite web |url=https://www.hindustantimes.com/jaipur/pride-walk-lgbt-group-demands-social-economic-rights/story-cVx2yZzg9Bbz9ubtzho0uJ.html |title=Pride walk: LGBT group demands social, economic rights |website=Hindustan Times |date=March 3, 2015 |access-date=April 2, 2025 |archive-url=https://web.archive.org/web/20150924110709/https://www.hindustantimes.com/jaipur/pride-walk-lgbt-group-demands-social-economic-rights/story-cVx2yZzg9Bbz9ubtzho0uJ.html |archive-date=September 24, 2015}}

Awadh witnessed the first Awadh Pride parade in 2017.{{cite web |url=https://feminisminindia.com/2017/04/11/lucknow-awadh-queer-pride-walk/#google_vignette |title=In a first, Lucknow holds Utta Pradesh's Awadh queer pride parade |date=April 11, 2017 |website=Feminism in India |access-date=April 2, 2025 |archive-url=https://web.archive.org/web/20170609201919/https://feminisminindia.com/2017/04/11/lucknow-awadh-queer-pride-walk/ |archive-date=June 9, 2017}}

In 2013, India was represented by Nolan Lewis, a model, at the Mr Gay World 2013 contest. He had trouble finding sponsors. Previously, India had been represented at the Mr Gay World by Zoltan Parag Bhaindarkar in the 2008. He did not return to India and reportedly sought asylum in the United States.{{cite news|title=Proud to be Out|url=http://www.tehelka.com/proud-to-be-out/|access-date=29 September 2014|work=Tehelka|date=17 August 2013|archive-url=https://web.archive.org/web/20150526134133/http://www.tehelka.com/proud-to-be-out/|archive-date=26 May 2015|url-status=dead}}

Sushant Divgikar, the winner of Mr Gay India 2014, was a contestant on the Bigg Boss reality show.{{cite news|title=Bigg Boss contestant Sushant Divgikar hopes to sensitise TV viewers to LGBT cause|url=http://timesofindia.indiatimes.com/tv/news/hindi/Bigg-Boss-contestant-Sushant-Divgikar-hopes-to-sensitise-TV-viewers-to-LGBT-cause/articleshow/43251775.cms|access-date=8 January 2015|work=The Times of India|date=23 September 2014}} On 26 July 2014, at Kochi the 5th All-Kerala Queer Pride Parade was held.{{cite news|title=Queer Pride march in Kochi|url=http://www.thehindu.com/todays-paper/tp-national/tp-kerala/queer-pride-march-in-kochi/article6253916.ece|access-date=8 January 2015|work=The Hindu|date=27 July 2014}} It was organised by Queerala (a support group for the LGBT community) and Sahayathrika (a rights organisation for lesbian and bisexual women in Kerala).{{cite news|title=Fifth Kerala LGBT parade pride held|url=http://www.dnaindia.com/india/report-fifth-kerala-lgbt-parade-pride-held-2005667|access-date=8 January 2015|work=DNA India|date=27 July 2014}}

{{Expand section|Numerous social issues can be discussed here|date=January 2024}}

The 11 December 2013 judgment of the Supreme Court, upholding Section 377, was met with support from religious leaders.{{cite news |date=12 December 2013 |title=Rare unity: Religious leaders come out in support of Section 377 |url=http://www.dnaindia.com/india/report-rare-unity-religious-leaders-come-out-in-support-of-section-377-1933612 |access-date=4 April 2014 |newspaper=DNA India}} The main petitioner in the plea was an astrologer, Suresh Kumar Koushal, and other petitioners were religious organisations like All India Muslim Personal Law Board, Trust God Missionaries, Krantikari Manuwadi Morcha, Apostolic Churches Alliance, and Utkal Christian Council.{{cite news |date=11 December 2013 |title=Supreme Court upholds Section 377 criminalising homosexual sex |url=http://www.livemint.com/Politics/FHDQ9yB2jRJMsOlNCQrkgL/Supreme-Court-to-rule-on-legality-of-gay-sex-today.html |access-date=5 April 2014 |newspaper=Live Mint}} The Daily News and Analysis called it "the univocal unity of religious leaders in expressing their homophobic attitude. Usually divisive and almost always seen tearing down each other's religious beliefs, leaders across sections came forward in decrying homosexuality and expressing their solidarity with the judgment." The article added that Baba Ramdev India's well-known yoga guru, after advising that journalists interviewing him not to turn homosexual, stated he could cure homosexuality through yoga and called it a bad addiction.

The Vishwa Hindu Parishad's vice-president Om Prakash Singhal said, "This is a right decision, we welcome it. Homosexuality is against Indian culture, against nature, and against science. We are regressing, going back to when we were almost like animals. The SC had protected our culture." Singhal further dismissed HIV/AIDS concerns within the LGBT community saying, "It is understood that when you try to suppress one anomaly, there will be a break-out of a few more."

Maulana Madni, of an Islamic organisation, Jamiat Ulema-e-Hind, has echoed similar sentiments by stating that "Homosexuality is a crime according to scriptures and is unnatural. People cannot consider themselves to be exclusive of a society... In a society, a family is made up of a man and a woman, not a woman and a woman, or a man and a man. If these same-sex couples adopt children, the child will grow up with a skewed version of a family. Society will disintegrate. If we are to look at countries in the West who have allowed same-sex marriages, you will find the mental tensions they suffer from."{{cite web |date=April 2023 |title="Marriage of Opposite Sexes Central to Indian Legal Regime": Jamiat Ulama-i-Hind Opposes Pleas in SC Seeking Recognition for Same-Sex Marriages |url=https://www.livelaw.in/top-stories/supreme-court-same-sex-marriage-jamiat-ulama-i-hind-marriage-of-opposite-sexes-225337}}

Rabbi Ezekiel Isaac Malekar, honorary secretary of the Judah Hyam Synagogue, in upholding the judgement, was also quoted as saying "In Judaism, our scriptures do not permit homosexuality." Reverend Paul Swarup of the Cathedral Church of the Redemption in Delhi in stating his views on what he believes to be the unnaturalness of homosexuality, stated "Spiritually, human sexual relations are identified as those shared by a man and a woman. The Supreme Court's view is an endorsement of our scriptures."{{cite web |url=https://frontline.thehindu.com/cover-story/united-in-opposition/article5492536.ece |title=United in opposition |date=January 10, 2014 |website=Frontline India's National Magazine |access-date=April 2, 2025 |archive-url=https://web.archive.org/web/20210121185419/https://frontline.thehindu.com/cover-story/united-in-opposition/article5492536.ece |archive-date=January 21, 2021}}

In February 2014, the Indian Psychiatric Society (IPS) issued a statement in which it stated that there is no evidence to prove that homosexuality is unnatural: "Based on existing scientific evidence and good practice guidelines from the field of psychiatry, the Indian Psychiatric Society would like to state that there is no evidence to substantiate the belief that homosexuality is a mental illness or a disease."{{cite news |last1=Iyer |first1=Malathy |date=7 February 2014 |title=Homosexuality is not a disease, psychiatrists say |url=https://timesofindia.indiatimes.com/india/Homosexuality-is-not-a-disease-psychiatrists-say/articleshow/29965430.cms |work=The Times of India}} In June 2018, IPS reiterated its stance on homosexuality saying: "Certain people are not cut out to be heterosexual and we don't need to castigate them, we don't need to punish them, to ostracize them".{{cite web |last1=Power |first1=Shannon |date=8 June 2018 |title=India's biggest psychiatric body declares homosexuality is not an illness |url=https://www.gaystarnews.com/article/indias-biggest-psychiatric-body-declares-homosexuality-is-not-an-illness/ |website=Gay Star News |access-date=7 June 2021 |archive-date=30 July 2019 |archive-url=https://web.archive.org/web/20190730202657/https://www.gaystarnews.com/article/indias-biggest-psychiatric-body-declares-homosexuality-is-not-an-illness/ |url-status=dead }}{{cite news |last1=Pratap |first1=Aayushi |date=6 June 2018 |title=Stop treating homosexuality as an illness, says Indian Psychiatric Society |url=https://www.hindustantimes.com/mumbai-news/stop-treating-homosexuality-as-an-illness-says-indian-psychiatric-society/story-EqoFV1KjFE0mxAxOimX8oN.html |access-date=2 September 2019 |work=Hindustan Times}}

Despite this statement from the IPS, conversion therapies are still performed in India. These practices usually involve electroconvulsive therapy (which may lead to memory loss), hypnosis, the administration of nausea-inducing drugs, or more commonly talk therapy where the individual is told that homosexuality is caused by "insufficient male affirmation in childhood" or "an uncaring father and an overbearing mother". Conversion therapy can lead to depression, anxiety, seizures, drug use and suicidal tendencies for the individuals involved.{{cite news |last1=Singh |first1=Amrita |date=1 June 2016 |title=From Shock Treatment To Yoga, Conversion Therapy Is A Disturbing Reality Around The World |url=https://www.huffingtonpost.in/youth-ki-awaaz-/how-therapy-to-convert-qu_b_10201948.html |work=HuffPost India |language=en-IN}}

{{Main|S Sushma v. Commissioner of Police}}

On 28 April 2021 Madras High Court Justice N Anand Venkatesh passed an interim orders in response to a petition filed by two young women with same sex orientation. According to the order, in an unprecedented move, he decided to undergo psycho-education before penning a judgment on same sex relationships.{{Cite court|litigants=S Sushma v. Commissioner of Police|pinpoint=W.P.No. 7284 of 2021|court=Madras High Court|url=https://images.assettype.com/barandbench/2021-06/cbae3182-93ff-4d60-a3d9-83dbfa849cf9/S_Sushma_v_Commissioner_of_Police.pdf}}{{Cite news |last=S |first=Mohamed Imranullah |date=2021-04-29 |title=Judge wants to learn about same sex relationships before penning judgment |url=https://www.thehindu.com/news/national/tamil-nadu/judge-wants-to-learn-about-same-sex-relationships-before-penning-judgment/article34434837.ece |access-date=2021-06-08 |work=The Hindu |language=en-IN |issn=0971-751X}}{{cite web |title=India's Supreme Court strikes down law that punished gay sex |url=https://abcnews.go.com/International/wireStory/indias-top-court-decriminalizes-homosexual-acts-57639411 |access-date=6 September 2018 |website=ABC News}}

Justice N Anand Venkatesh said that psycho-educative counseling on queer issues helped him shed his personal ignorance and prejudices. He clearly stated in the judgment that the responsibility to change, the burden of unlearning stigma, and learning about the lived experience of the queer community lies on the society and not the queer individuals.{{Cite web |last=Tripathi |first=Karan |date=2021-06-07 |title=Society Needs to Change, Not the LGBTQIA+ Couples: Madras HC |url=https://www.thequint.com/news/law/society-needs-to-change-not-the-lgbtqia-couples-madras-hc |access-date=2021-06-08 |website=TheQuint |language=en}}

{{Blockquote|text=It was I (us), who has to set off on a journey of understanding them and accepting them and shed our notions, and not they who have to turn themselves inside out to suit our notions of social morality and tradition|author=Justice N Anand Venkatesh|source=Page number 50 out of 104}}

The court recognized that there's an absence of a specific law to protect the interests of queer people and acknowledged it is the responsibility of the constitutional courts to fill this vacuum with necessary directions to ensure the protection of such couples from harassment sourced from stigma and prejudices.

{{Blockquote|text=Till the legislature comes up with an enactment, the LGBTQIA+ community cannot be left in a vulnerable atmosphere where there is no guarantee for their protection and safety.|author=Justice N Anand Venkatesh|source=Page number 55 out of 104}}

On 7 June 2021, in delivering the verdict on this case, Justice N Anand Venkatesh prohibited Conversion Therapy in Tamil Nadu and Puducherry. He suggested comprehensive measures to sensitise the society and various branches of the State including the Police and judiciary to remove prejudices against the LGBTQIA+ community. He suggested that changes be made to the curricula of schools and universities to educate students on understanding the LGBTQIA+ community.{{Cite web |last=Krishnan |first=Murali |title=[BREAKING] Madras High Court bans medical attempts to cure sexual orientation; suggests changes to school curricula to educate students on LGBTQ |url=https://www.barandbench.com/news/litigation/madras-high-court-bans-medical-attempts-cure-sexual-orientation-changes-school-curricula-lgbtq |access-date=2021-06-08 |website=Bar and Bench – Indian Legal news |date=7 June 2021 |language=en}}{{Cite web |date=2021-06-07 |title=Madras High Court bans medical attempts to "cure" sexual orientation, issues guidelines for LGBTQIA+ community safety |url=https://www.indialegallive.com/constitutional-law-news/courts-news/madras-high-court-bans-medical-attempts-to-cure-sexual-orientation-issues-guidelines-for-lgbtqia-community-safety/ |access-date=2021-06-08 |website=India Legal |language=en-US}}

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• LGBTQ culture in India
• LGBTQ rights in India
• :Category:Indian LGBTQ people
• Hijra (South Asia)
• Kothi (gender)

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• Trikone

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• Hinduism and LGBT topics
• LGBT themes in Hindu mythology
• Buddhism and sexual orientation
• Sikhism and sexual orientation
• Zoroastrianism and sexual orientation
• LGBT in Islam
• Christianity and homosexuality
• Homosexuality and the Bahá'í Faith

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• The World of Homosexuals by Shakuntala Devi the "Human Computer", 1977
• Pink Pages, India's National LGBT magazine
• Gaylaxy
• Fire

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• Catamite
• Greek love
• History of erotic depictions
• History of human sexuality
• History of homosexuality
• Homosexuality in ancient Greece
• Homosexuality in ancient Rome
• Homosexuality in China
• Homosexuality in Japan
• Human rights in India
• Kagema
• Male sexuality
• Pederasty in ancient Greece
• Sexuality in India
• Wakashū

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• {{Cite book|last=Daniélou |first=Alain |author-link=Alain Daniélou |title=The Complete Kama Sutra |url=http://planetreports.blogspot.in/2013/07/kamasutra-book-pdf.html |year=1994 |publisher=Park Street Press |isbn=978-0-89281-492-3 }}
• {{Cite book|last=Narrain |first=Arvind |author2=Gautam Bhan |title=Because I Have a Voice: Queer Politics in India |year=2006 |publisher=Yoda Press |location=New Delhi |isbn=978-81-902272-2-3 }}
• Paola Bacchetta. "Queer Formations in (Hindu) Nationalism." In Sexuality Studies, edited by Sanjay Srivasta, 121–140. Oxford, U.K.: Oxford University Press, 2013.

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• {{Cite book|last=Merchant |first=Hoshang |author-link=Hoshang Merchant |title=Yaraana: Gay Writing from India |year=1999 |publisher=Penguin |location=New Delhi |isbn=978-0-14-027839-2 }} (1st ed.)
• {{Cite book|last=Thadani |first=Giti |title=Sakhiyani: Lesbian Desire in Ancient and Modern India |year=1996 |publisher=Cassell |location=London |isbn=978-0-304-33451-3 }}
• {{Cite book |last=Vanita |first=Ruth |author-link=Ruth Vanita |title=Love's Rite: Same-Sex Marriage in India and the West |year=2005 |publisher=Palgrave Macmillan |location=New York |isbn=978-1-4039-7038-1}}
• {{Cite book|last=Joseph |first=Sherry |title=Social Work Practice and Men Who Have Sex With Men |year=2005 |publisher=Sage Publications |location=Thousand Oaks, CA|isbn=978-0-7619-3352-6 }}
• {{Cite book|last=Nanda |first=Serena|author-link=Serena Nanda |title=Neither Man Nor Woman: The Hijras of India |year=1998 |publisher=Wadsworth Publishing |location=US |isbn=978-0-534-50903-3 }} (2nd ed.)
• {{Cite book|last=Shahani |first=Parmesh|title=GayBombay: Globalization Love and Belonging in Contemporary India |year=2008 |publisher=Sage |location=US; India}}

• {{cite web|author1=Soumya Sankar Bose|author-link=Soumya Sankar Bose|title=Full Moon in a Dark night: 'Fundamental Human Rights'|url=http://soumyasankarbose.in/full-moon-in-a-dark-night/|access-date=10 December 2017|archive-url=https://web.archive.org/web/20171210124228/http://soumyasankarbose.in/full-moon-in-a-dark-night/|archive-date=10 December 2017|url-status=dead}}
• {{cite web|author1=Udayan|title=Men of Faith ISKCON's openly Gay Vaishnavas...and how they are changing one of the world's largest Hindu spiritual orders.|url=http://pink-pages.co.in/features/religion/men-of-faith/|publisher=Pink Pages|date=2010}}
• {{cite web|author1=Vikram Seth|author-link=Vikram Seth|title=Open Letter: 'Section 377 Violates Fundamental Human Rights'|url=http://www.outlookindia.com/article/Section-377-Violates-Fundamental-Human-Rights/232514|publisher=Outlook India|date=16 September 2006}}

• {{Cite court|litigants=S Sushma v. Commissioner of Police|court=Madras High Court|pinpoint=W.P.No. 7284 of 2021|url=https://images.assettype.com/barandbench/2021-06/cbae3182-93ff-4d60-a3d9-83dbfa849cf9/S_Sushma_v_Commissioner_of_Police.pdf}}

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