Male to Male Relationships

Are male to male sexual relationships legal?
Legal

Was it illegal at any given time in your country's history?
Yes

When was the law introduced? (DD/MM/YYYY)
186000000000

When was the law removed? (DD/MM/YYYY)
200702000000

What is the name of this law? (if applicable - please give chapter and section)
Indian Penal Code, section 377. This provision was "read down" by the Delhi High Court in 2009, so that it does not apply to consenting adult private activity. Otherwise the section remains in force, in order to cover sexual activity with minors. The section read: "Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall be liable to fine. Explanation: Penetration is sufficient to constitute the carnal intercourse necessary to the offence described in this section." This wording was first enacted for India in 1860 and survives in most of the former British colonies in Asia, notably Pakistan, Bangladesh, Myanmar/Burma, and Malaysia.

What are the punishments?
No law

Female to Female Relationships

Are female to female sexual relations legal?
Legal

Was it illegal at any given time in your country's history?
No

Age of Consent

Unfortunately this part of the law questionnaire is currently empty. If you are a group and want to update this please contact countryreport@ilga.org.

Freedom of association, of expression

Does the country have laws protecting freedom of expression?
Yes

What is the name of this law? (if applicable - please give chapter and section)
1947 Constitution

Does the country have laws protecting freedom of association?
Yes

Are public demonstrations (marches,protest,parades,etc) by sexual minorities permitted?
Yes

Were public authorities usually collaborative at last events?
Yes

Here you can list the various times this occurred and tell us what happened then
In June 2003 the first "Walk on the Rainbow" was held in Kolkata, India. This was the first "pride" event to be held in South Asia. While the first event was a modest "walk" to various agencies and government offices, in subsequent years it became a major street parade, with police protection and support from other social sectors. In 2009 there were pride marches in Kolkata, Delhi, Mumbai and Chennai.

Did recent events see episodes of violence?
No

Marriage and Substitutes for Marriage

Is there any type of legal recognition for same sex relationships?
No

What types of same sex partnerships are recognized?
No law

LGBTI Families/Parenting

In which areas can individuals adopt?
Most LGB individuals in India are not 'out'. Any application for adoption would be made without disclosure of sexual orientation. There seems no publicity around this issue.

Can same sex couples adopt children together?
No

In which areas can couples adopt?
There seems no publicity around this issue. Most likely no same-sex couple has attempted to legally adopt as a couple.

Anti-discrimination laws

Does the law prohibit discrimination on the ground of sexual orientation?
No

Does the law ban discrimination on the basis of sexual orientation in employment?
No

Are trade unions actively supporting LGBTI people in the country?
No

Laws banning discrimination on the basis of sexual orientation in social services
No

Armed forces

Unfortunately this part of the law questionnaire is currently empty. If you are a group and want to update this please contact countryreport@ilga.org.

Asylum and Immigration

Prohibition on entry into the country by LGB people
No

Country grants asylum on the basis of sexual orientation
Unclear

What is the name of this law? (if applicable - please give chapter and section)
The general pattern in South Asia is that international treaties on refugees have not been signed and refugee issues are handled by bi-lateral agreements between individual countries. Refugee issues are dominated by issues of the movement of ethnic or national groupings across borders, not individual cases.

Blood donation

Unfortunately this part of the law questionnaire is currently empty. If you are a group and want to update this please contact countryreport@ilga.org.

Gender identity

Is there a clear legal difference between homosexuality and transgenderism?
No

Laws prohibiting discrimination on the ground of gender identity
No

In which areas?
Government policies in the state of Tamil Nadu recognize transgender Hijra as a third sex grouping, and grant them certain preferences (in part giving them seats in colleges in the female reservation category). Other states have started some welfare programs targeted at transgender. The national government has made some accomodation to tg identity in relation to passports and voting cards.

Is transgenderism classified as an illness?
Unclear

What is the name of this law? (if applicable - please give chapter and section)
The diagnosis of gender identity disorder may be used at some medical facilities. The legal status of sex reassignment surgery (often called sex reconstruction surgery in India) seems to vary from state to state.

Were there individuals in jail or punished for being transgender in the last twelve months in your country?
Unknown/Unsure

Is sex reassignment treatment and/or surgery under legal control?
Only in some areas

Is it possible to change your gender on official documents?
Only in some areas

What are the requirements for one to change their gender?
Some documents can be changed to indicate "eunuch" or "other" or "transgender." At the national level some change along these lines has occurred with passports and voter registration cards, though practice may not be uniform. Otherwise a few states have made some changes, notably Tamil Nadu and Punjab.

Does the law ban discrimination on the basis of gender identity in employment?
No

Laws banning discrimination on the basis of gender identity in social services
The national law does not but some areas do

HIV/AIDS

Compulsory testing for HIV
No

Country can place people with HIV in quarantine
No

What is the full text of this law?
There was considerable publicity a number of years ago of a case of quarantine in Goa. Such laws or practices do not seem to have continued.