LGBT rights in India

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Homosexuality is generally considered a taboo subject by both Indian civil society and the Government of India. Public discussion of homosexuality in India has been inhibited by the fact that sexuality in any form is rarely discussed openly. In recent years, however, attitudes towards homosexuality have shifted slightly. In particular, there have been more depictions and discussions of homosexuality in the Indian news media[1][2][3] and by Bollywood.[4] On 2 July 2009, the Delhi High Court court decriminalised homosexual intercourse between consenting adults, throughout India,[5] where Section 377 of the Indian Penal Code was adjudged to violate the fundamental right to life and liberty and the right to equality as guaranteed by the Constitution of India.[6]

Same-sex sexual activity legal No(Penalty:Life Imprisonment)
Equal age of consent X mark.svg
Anti-discrimination laws in employment No / Yes
Anti-discrimination laws in the provision of goods and services No
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech) No
Same-sex marriages No
Recognition of same-sex couples No
Step-child adoption by same-sex couples No
Joint adoption by same-sex couples No
Gays and lesbians allowed to serve openly in the military No
Right to change legal gender Yes (since 2014)
Access to IVF for lesbians No
Commercial surrogacy for gay male couples No

References[change | change source]

  1. UN body slams India on rights of gays The Times of India, 24 April 2008
  2. "Fear and loathing in gay India". BBC News. 17 May 2005. Retrieved 17 April 2008.
  3. Why should homosexuality be a crime? The Times of India, 18 September 2003
  4. "Queering Bollywood".
  5. Kusum Ingots v. Union of India, (2004) 6 SCC 254: "An order passed on a writ petition questioning the constitutionality of a Parliamentary Act, whether interim or final, keeping in view the provisions contained in Clause (2) of Article 226 of the Constitution of India, will have effect throughout the territory of India subject of course to the applicability of the Act."
  6. Delhi High Court strikes down Section 377 of IPC the Hindu Front Page; Friday, 3 July 2009