A Journey from Shadows to LGBTQ+ Celebration in India
Picture this: It’s September 6, 2018, and thousands of people across India are glued to their screens, waiting for five Supreme Court judges to deliver a verdict that could change history. When the words “unconstitutional” echoed through the courtroom in reference to Section 377, tears flowed freely—tears of relief, joy, and vindication after 157 years of criminalization.
But the story of LGBTQ+ in India isn’t just about one historic day. It’s a tapestry woven with ancient acceptance, colonial repression, grassroots activism, legal battles, and an ongoing struggle for full equality. Today, as rainbow flags flutter at pride parades in over 21 Indian cities, the journey continues—complex, hopeful, and far from over.
India’s Ancient Queer History: Before Colonization
Before we dive into modern LGBTQ+ rights in India, let’s rewind several centuries. Contrary to what many believe, homosexuality and gender variance weren’t always taboo in India.
Pre-Colonial Acceptance
Ancient Indian texts and temple sculptures tell a different story than the one we’ve inherited. Hinduism traditionally believed that there was no role for the state in marriage and that it was a private/societal issue to be dealt with locally. The Kamasutra discusses same-sex relationships openly, and sculptures at temples like Khajuraho depict diverse forms of intimacy without judgment.
For many years before British colonial rule, homosexuality featured prominently in Indian religious texts and sculptures. Gender-variant individuals like hijras held respected positions in royal courts during the Mughal era, serving as advisors and confidants.
The Colonial Turning Point
After Britain began governing India in 1858, they implemented Section 377 and other social policies that attacked the prevalent LGBTQ+ population India had at the time. This was an enforcement of British values on Indian society.
As one Twitter user aptly put it: When India decriminalized queer sexual acts, it wasn’t “India becoming ‘westernized.’ It’s India decolonizing”.
Section 377: The Law That Criminalized Love
Understanding LGBTQ+ in India requires understanding Section 377—the colonial-era law that cast a dark shadow over millions of lives for over a century and a half.
What Was Section 377?
Section 377 of the Indian Penal Code made illegal any “unnatural offenses” that were deemed as sexual activities “against the order of nature”. The law, introduced in 1861, prescribed punishment of life imprisonment or up to ten years for anyone who “voluntarily has carnal intercourse against the order of nature with any man, woman or animal.”
The Impact on Lives
For the past 150 years in India, homosexual acts were not only banned but were criminally punishable by up to ten years in prison. This gave policemen, government officials, and local village leaders free reign to harass and discriminate against the LGBTQ+ population of India.
The law created an atmosphere of fear that extended far beyond actual prosecutions. LGBTQ+ individuals faced:
- Blackmail and extortion by police and criminals
- Barriers to healthcare as people feared seeking HIV/AIDS treatment
- Family rejection with legal backing
- Workplace discrimination without recourse
- Violence with perpetrators facing no consequences
The Long Road to Decriminalization
The journey to overturn Section 377 wasn’t a straight path—it was decades of activism, heartbreak, and persistence.
Timeline of the Struggle
| Year | Milestone |
|---|---|
| 1991 | AIDS Bhedbhav Virodhi Andolan initiates movement to repeal Section 377 |
| 1994 | First PIL challenging Section 377 filed in Delhi High Court |
| 2001 | Naz Foundation files petition in Delhi High Court |
| 2009 | Delhi High Court decriminalizes homosexuality (Naz Foundation case) |
| 2013 | Supreme Court overturns 2009 ruling, re-criminalizes homosexuality |
| 2016 | Multiple petitions filed challenging Section 377 |
| 2018 | Supreme Court decriminalizes homosexuality (Navtej Singh Johar case) |
The 2009 Victory—and Crushing Defeat
On July 2, 2009, the Delhi High Court scrapped portions of Section 377 as unconstitutional. Justice A.P. Shah and Justice S. Muralidhar delivered a historic judgment that brought hope to millions.
But the victory was short-lived. In 2013, the Supreme Court overturned the High Court’s verdict, devastating the LGBTQ+ community and their allies. The judgment claimed that only 200 people had been prosecuted under the law in 150 years—missing the point entirely about the broader harm it caused.
The 2018 Triumph
On September 6, 2018, a five-judge constitutional bench of the Supreme Court decriminalized homosexuality by reading down Section 377. The Supreme Court unanimously held that Section 377 was unconstitutional so far as it concerned consensual sex between adults of the same sex.
The five-judge bench—Chief Justice Dipak Misra, Justices Rohinton Nariman, D.Y. Chandrachud, A.M. Khanwilkar, and Indu Malhotra—authored powerful judgments that transformed Indian jurisprudence.
Justice Indu Malhotra’s Historic Words
Justice Indu Malhotra said, “History owes an apology to members of the community for the delay in ensuring their rights”—words that acknowledged centuries of injustice.
Current Legal Status: Progress and Limitations
So where do LGBTQ+ rights in India stand today? The answer is complicated—significant progress mixed with glaring gaps.
What’s Legal Now
✅ Consensual same-sex relationships – Fully decriminalized for adults ✅ Transgender recognition – The Transgender Persons (Protection of Rights) Act, 2019 recognizes the right to self-perceived gender identity ✅ Live-in relationships – India provides some legal recognition of homosexual partnerships as live-in relationships and cohabitation is legal as per the judiciary ✅ Joint bank accounts – On August 28, 2024, the Ministry of Finance issued an advisory declaring that persons from the LGBTQ community face no restrictions in opening joint bank accounts or nominating their partners as beneficiaries
What’s Still Missing
❌ Same-sex marriage – Not legally recognized ❌ Adoption rights – Same-sex couples cannot adopt together ❌ Comprehensive anti-discrimination laws – No nationwide protection in employment, housing, healthcare ❌ Conversion therapy ban – No legal prohibition on harmful “treatment” practices
The Same-Sex Marriage Debate
The next major frontier for LGBTQ+ in India has been the fight for marriage equality—a battle that faced a significant setback in 2023.
The 2023 Supreme Court Verdict
The Supreme Court’s refusal to accord legal recognition to marriages between persons of the same sex is being seen as a setback to the queer community in the country. The Court essentially passed the responsibility to the legislature, refusing to mandate marriage equality.
However, the judgment wasn’t entirely negative:
Positive Aspects
- Recognized that queer love has existed in India for a long time and that the constitutional legitimacy of same-sex relations is not undermined by societal acceptability
- Issued directions to the police department to not force queer persons to return to their family
- Acknowledged the violence LGBTQ+ people face from natal families
Critics’ Concerns
Critics argue that the verdict goes against the fundamental rights of LGBTQIA+ individuals as recognized by the Supreme Court in previous judgments, including equality, dignity, and autonomy.
Political Response
Prime Minister Narendra Modi’s ruling Bharatiya Janata Party (BJP)—which is expected to win a third term and opposes same-sex marriage—has promised in its manifesto more shelters, national ID cards, and access to public health insurance for transgender people.
The opposition Indian National Congress pledged to introduce laws recognizing civil unions for LGBTQ+ couples, though activists remain skeptical about whether these promises will translate into action.
Transgender Rights: A Separate Journey
The story of transgender rights within LGBTQ+ in India follows its own unique trajectory, with both victories and ongoing challenges.
Landmark NALSA Judgment (2014)
The 2014 NALSA (National Legal Service Authority) decision upheld everyone’s right to identify their own gender and legally recognized hijras and kinnar (transgender persons) as a ‘third gender’.
This was groundbreaking—years before homosexuality was decriminalized, transgender individuals gained legal recognition.
The Transgender Persons Act (2019)
While celebrated initially, The Transgender Persons (Protection of Rights) Act, 2019 recognizes the right to self-perceived gender identity, and new identification documents confirming the change of gender can be issued by government agencies once a certificate is provided by a relevant medical official.
The Problem: The requirement for medical certification contradicts the NALSA judgment’s principle of self-identification. Activists have challenged this provision as unconstitutional.
State-Level Initiatives
Some states have taken progressive steps:
- Tamil Nadu & Kerala: The first Indian states to introduce a transgender welfare policy, offering free sex reassignment surgery in government hospitals, free housing, citizenship documents, full scholarships for higher education, and income-generation programmes
- Tamil Nadu: The first state to form a transgender welfare board with representatives from the transgender community
Living Realities: Beyond the Law Books
Legal progress doesn’t automatically translate to social acceptance. According to research in 2024, 79% of gay men and 44% of bisexual men have experienced verbal abuse or physical violence.
The Violence Continues
Muslim respondents were 2.6 times more likely to face sexual violence compared to respondents whose religion was Hindu, and respondents who were out about their sexuality in public were five times more likely to face violence than those who were not.
Social Stigma Persists
A lack of understanding and intolerance towards the LGBTQIA+ community are similar, whether in larger cities or in rural areas. Many instances exist where a man is married to a woman because of societal pressure, without understanding his gender identity.
“In villages and towns, you will find many married couples who have children and are forced to live a fake life”, explains Noyonika, an activist from Assam.
The Rural-Urban Divide
In rural areas of Assam, dramas based on mythological stories are presented where female characters are played mostly by men with feminine characteristics. During festivals they are widely praised, but out of the spotlight, they can become victims of harassment.
This paradox reveals the complexity of acceptance in India—cultural traditions that celebrate gender variance coexisting with modern prejudice.
The Pride Revolution: Celebration and Activism
Perhaps nothing better illustrates the evolution of LGBTQ+ in India than the growth of pride parades across the nation.
From 15 Participants to Thousands
The first Pride Parade was held in Kolkata on July 2, 1999, called the Kolkata Rainbow Pride Walk—it is also the oldest Pride march in South Asia. Even though it saw participation from other cities like Mumbai and Bangalore, there were still only about 15 participants in total—none of them women.
Fast forward to today: Delhi Queer Pride Parade-2023 saw about 15,000 people participate, significantly higher than previous years.
Major Pride Events Across India
Delhi Queer Pride
- Held annually on the last Sunday of November, starting at Barakhamba Road and ending at Jantar Mantar. It is entirely community-funded and the organizers have consistently refused any corporate sponsorships
Mumbai Queer Pride
- Held annually in June, Mumbai’s pride has grown into one of India’s largest celebrations
Chennai Rainbow Pride
- Organized under the banner Tamil Nadu Rainbow Coalition and held annually in June. There is a strict anti-corporate sponsorship rule that is implemented
Bengaluru Namma Pride
- Held annually since 2008, mostly in December. It is preceded by a month of queer events, called Queer Habba
Regional Pride Events
- The first pride parade in the North East was held in 2014 in Guwahati, Assam, and has since been held annually in the first week of February
Pride Expanding to Smaller Cities
Today, pride celebrations happen in cities like Bhubaneswar, Vadodara, Shillong, Patna, Jamshedpur, and Dehradun—bringing visibility to regions where LGBTQ+ conversations were once unthinkable.
Public Opinion: A Nation Divided
How do ordinary Indians feel about LGBTQ+ rights in India? The answer reveals a society in transition.
Growing Acceptance
A poll in 2023 by Pew Research Center found that 53% of Indians supported the legalization of same-sex marriage, while 43% were opposed. This slim majority represents significant progress, though it also highlights deep divisions.
The RSS Surprise
In early January 2023, the leader of the highly influential Hindu group called RSS, often labeled as a far-right organization that provides grassroots support for the ruling BJP, backed LGBTQ rights and stated that LGBTQ rights were supported in the native Hindu culture and history. However, it stopped short of recognizing the right to civil registration of same-sex relationships.
This statement from a traditionally conservative organization signals shifting attitudes, even if full acceptance remains elusive.
Ongoing Challenges for LGBTQ+ in India
Despite legal victories, significant barriers remain:
Healthcare Discrimination
LGBTQ+ individuals often encounter barriers to accessing healthcare services, including discrimination from healthcare providers, lack of LGBTQIA+-friendly healthcare facilities, and challenges in obtaining appropriate medical care related to sexual health.
Family Rejection
Many LGBTQIA+ individuals experience rejection and discrimination within their families, leading to strained relationships, homelessness, and a lack of support systems.
Employment Discrimination
Deep-rooted societal attitudes and stigma against LGBTQIA+ individuals persist in many parts of India, leading to prejudice, harassment, bullying, and violence in different social arenas like education and employment.
Harmful “Conversion Therapy”
The Supreme Court recently warned judges against using court-ordered counseling to make LGBTQ+ individuals turn against their own identity and sexual orientation, noting that trying to change their identity through counseling is highly inappropriate.
However, no nationwide ban on conversion therapy exists, leaving vulnerable individuals at risk.
Institutional Support and Progress
It’s not all challenges—significant institutional developments are underway for LGBTQ+ in India.
Government Commission (2024)
In April 2024, as per the direction of the Supreme Court in the Supriyo verdict, the Modi government established a six-person commission to evaluate and receive feedback on the needs of the LGBTQ community at the federal level.
The commission comprises secretaries from key ministries including Home Affairs, Social Justice, Law and Justice, Women and Child Development, and Health and Family Welfare.
Healthcare Expansion
On the eve of the 2024 Indian general election, the ruling party of the BJP expanded the coverage of the Ayushman Bharat scheme in order to cover all members of the LGBTQ community.
UN and NGO Support
UNAIDS and UNDP offices in India are working to assist the LGBTQIA+ community by running awareness and empowerment campaigns, as well as provide those communities with better health and social protection services.
The Path Forward: What Needs to Change
For full equality of LGBTQ+ in India, several critical steps remain:
Legislative Action Needed
Marriage Equality: In 2023, the Supreme Court judgment on LGBTQIA+ marriages transferred the ball in the legislature’s court to make relevant laws for the community
Anti-Discrimination Laws: Comprehensive federal legislation protecting LGBTQ+ individuals in employment, housing, education, and public accommodations
Conversion Therapy Ban: Legal prohibition on harmful practices that attempt to change sexual orientation or gender identity
Social Change Required
Education Reform: Communication is an important way to foster dialogue and help create a more tolerant and inclusive society, and gradually, perhaps even change mindsets
Media Representation: Stereotypes in mainstream Indian cinema only fuel derogatory comments and demeaning behavior towards the LGBTQ+ population. Many young people tag each other on social media saying things like “you’re free now!” in teasing and mocking tones
Community Building: Encouraging entrepreneurship and economic empowerment within the LGBTQIA+ community by providing access to mentorship, funding, and resources for starting LGBTQIA+-owned businesses
Intersectional Approach
LGBTQIA+ individuals who belong to marginalized communities, such as Dalits, tribal communities, religious minorities, or those with disabilities, face compounded discrimination and marginalization based on their intersecting identities.
Any progress must address these overlapping oppressions.
Voices from the Community
The story of LGBTQ+ in India is ultimately about real people. Meghna Mehra, a 26-year-old LGBTQIA+ activist and founder of All India Queer Association (AIQA), expresses skepticism about elections, stating that the political climate regarding queer rights remains ‘latent and invisible’.
“I don’t see any national party or leader addressing our issues or concerns. We are still marginalized and discriminated against in many spheres of life”, Mehra says.
Yet hope persists. As India gears up for elections, the country’s LGBTQIA+ community, numbering about 135 million people, finds itself at a pivotal crossroads, facing both advances and significant challenges.
Conclusion: India’s Ongoing Rainbow Revolution
The journey of LGBTQ+ in India is a powerful reminder that progress isn’t linear—it’s a constant push-and-pull between tradition and modernity, acceptance and prejudice, law and lived reality.
From ancient temple carvings celebrating diverse sexualities to colonial laws criminalizing them, from 15 brave souls marching in Kolkata in 1999 to 15,000 celebrating in Delhi today, the transformation has been remarkable. The 2018 decriminalization of homosexuality was a watershed moment, but it was just one chapter in a much longer story.
Today, India stands at a crossroads. Legal recognition has been achieved in some areas but denied in others. Social acceptance is growing but remains fragmented. Young LGBTQ+ Indians can attend pride parades in major cities, yet they still face violence and rejection in their own homes.
The rainbow flag flying over India represents both celebration and struggle—a reminder that while visibility has increased, full equality remains a work in progress. As one activist put it, decriminalization was necessary but not sufficient. The fight continues for marriage equality, comprehensive anti-discrimination protections, and most importantly, for a society where every Indian can live authentically without fear.
The next chapters of India’s queer rights movement will be written by activists, allies, lawmakers, and ordinary citizens choosing love over prejudice. And if history is any guide, those chapters will be worth reading.
Want to support LGBTQ+ rights in India? Here’s how you can make a difference:
- Educate yourself and others about the issues facing the community
- Support LGBTQ+-owned businesses and organizations
- Attend or donate to pride events in your city
- Contact your representatives to demand comprehensive anti-discrimination laws
- Challenge prejudice when you encounter it in your daily life
- Amplify queer voices rather than speaking over them
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What’s your experience with LGBTQ+ acceptance in India? Share your thoughts and stories in the comments below.