In the Supreme Court case of Navtej Singh Johar v. Union of India, a five-judge Constitutional Bench overturned the Supreme Court's decision in Suresh Kumar Koushal v. Naz Foundation and decriminalized Gaysexuality by striking down the provisions of Section 377 of the Indian Penal Code that deemed sexual acts between consenting adults as criminal.

Consensual sexual activity between individuals of the same sex.

In the Supreme Court case of Suresh Kumar Koushal v. Naz Foundation, a two-judge Division Bench overturned the Delhi High Court's decision in Naz Foundation v. Govt. of NCT of Delhi, upholding the constitutionality of Section 377 of the Indian Penal Code, which criminalized same-sex sexual intercourse and carried a penalty of up to 10 years imprisonment.

In the Delhi High Court case of Naz Foundation v. Govt. of NCT of Delhi, a two-judge Division Bench decriminalized Gaysexuality by striking down the provisions of Section 377 of the Indian Penal Code that deemed sexual acts between consenting adults as criminal.

The Indian Penal Code was enacted by the Imperial Legislative Council, the legislature during British direct rule in India. Section 377 of the Indian Penal Code criminalized same-sex sexual acts and carried a penalty of up to 10 years imprisonment.

Same-sex couples are not permitted to adopt a child in India but single LGBTQ parents are.

The ability for same-sex couples to legally adopt a child.

The age of consent is equal since decriminalization. In the Supreme Court case of Navtej Singh Johar v. Union of India, a five-judge Constitutional Bench overturned the Supreme Court's decision in Suresh Kumar Koushal v. Naz Foundation and decriminalized Gaysexuality by striking down the provisions of Section 377 of the Indian Penal Code that deemed sexual acts between consenting adults as criminal.

The difference between legal age of consent for Gaysexual sex and heterosexual sex.

The ability for MSMs (men who have sex with men) to donate blood or tissue for organ transplants. A deferral period refers to a waiting time before a man can donate after having sex.

In India, there are no laws restricting to discussion or promotion of LGBTQ+ topics.

Censorship or prohibition of discussing, promoting, or teaching LGBTQ+ topics in media, schools, and in the general public.

The Transgender Persons (Protection of Rights) Act, 2019 allows for transgender individuals to change their gender marker to either "male" or "female" only after showing proof of their gender confirmation surgery issued by a medical officer to the District Magistrate. This provision contradicts the Supreme Court decision in 2014. This contradiction has been challenged as unconstitutional in the Indian Supreme Court. As of June 2020, a second petition alleging unconstitutionality has been entered, and will be heard along with the first. Overall, the petitions challenge Sections 4, 5, 6, and 7 of the Act, claiming that they also contradict the Constitution of India. This case is still pending a decision.<br />
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Under section 6 of Transgender Persons (Protection of Rights) Act, a trans person may apply to be issued a certificate of identity that certifies that they are transgender (denoted as "Transgender"). Upon receiving this certificate, the applicants have the right to be recorded as transgender in all official documents.

Legal recognition of sex reassignment by permitting a change of legal gender on an individual's birth certificate.

The Supreme Court of India recognized a third gender that individuals, including transgender persons can choose to identify themselves in official documents without surgery. This ruling does not however allow people to change their gender to male or female.

On 7 June 2021, in delivering the verdict on this case, Justice N Anand Venkatesh prohibited Conversion Therapy with India becoming only the 2nd country in Asia to ban conversion therapy behind Taiwan

Legal status of conducting sexual orientation changing therapy ("ex-gay" therapy)

Strongly condemned by Indian Psychiatric Society. Not criminalized. Conversion therapy ban pending. Under ruling from the supreme court legalizing of same sex activity.

In some contexts discrimination is illegal, while in others it’s not.

Prohibition of discrimination based on sexual orientation and/or gender identity.

No known anti-discrimination protections exist for sexual orientation or gender identity.

In India, there is only protections in employment for gender identity.<br />


Prohibition of discrimination based on sexual orientation and/or gender identity in employment, including hiring, promotion, termination, harassment, etc.

There are currently only protections for Gender Identity for Housing.

Prohibition of discrimination based on sexual orientation and/or gender identity when applying for housing or discrimination by landlords / property owners.

In the Supreme Court case of Supriyo @ Supriya Chakraborty v. Union of India, a five-judge Constitutional Bench held that LGBTQ+ persons have the right to choose a partner, cohabit and enjoy physical & mental intimacy, free from physical threat and coercive action. The State is bound to protect the exercise of these rights.

Marriage and marriage recognition between two people of the same biological sex and/or gender identity.

The Uttarakhand High Court acknowledged that cohabitation and "live-in relationships" are protected by law.

There are currently several same-sex marriage petitions pending with the courts. On 12 June 2020, the Uttarakhand High Court acknowledged that while same-sex marriage may not be legal, cohabitation and "live-in relationships" are protected by the law.

There has been an officially recognised female-female marriage

Although Gaysexuality and gender transition are legal in India, LGBT personnel are not permitted in the military.

The ability for Gaysexuals to serve in the military and be open about their sexuality.

India's Supreme Court has ruled to recognize a third gender commonly known as hijra. Indian passports display this with the descriptor "O" (other), with other identification documents also availble with "T" (transgender) and "TG" (third gender).

Legal recognition of non-binary, genderqueer, or third gender identities.

India

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