Sexual activity between people of the same gender is legal but same-sex couples cannot legally marry or obtain civil partnerships. Sincetransgender people in India Homosexuality debate in india been allowed to change their gender without sex reassignment surgeryand have a constitutional right to register themselves under a third gender.
Additionally, some states protect hijrasa traditional third gender population in South Asiathrough housing programmes, "Homosexuality debate in india" benefits, pension schemes, free surgeries in government hospitals and others programmes designed to assist them. There are approximately 4. Over Homosexuality debate in india past decade, LGBT people have gained more and more tolerance in India, especially in large cities. The Khajuraho templesfamous for their erotic sculptures, contain several depictions of homosexual activity.
Historians have long argued that pre-colonial Indian society did not criminalise same-sex relationships, nor did it view such relations as immoral or sinful. Transgender individuals held high positions in courts of Mughal rulers in the 16th and 17th centuries. HinduismIndia's largest religion, has traditionally portrayed homosexuality as natural and joyful, though some Hindu texts do contain injunctions against homosexuality. Hinduism also acknowledges a third gender known as hijra.
There are multiple characters in the Mahabharata who change genders such as Shikhandi who is born female but identifies as male and eventually marries a woman.
Bahuchara Mata is the goddess of fertility, worshipped by hijras as their patroness. Modern societal homophobia was introduced to India by the European colonisers and the subsequent enactment of Section by the British, which stood for more than 70 years after Indian independence. The Goa Homosexuality debate in india once prosecuted the capital crime of sodomy in Portuguese India  but not lesbian activity.
During the Mughal Empirea number of the preexisting Delhi Sultanate laws were combined into the Fatawa-e-Alamgirimandating a common set of punishments for zina unlawful intercourse.
Homoeroticism was quite common in Mughal court life. Mughal Emperor Babur was known to have a crush on a boy, and recorded it in his memoirs. Other prominent Mughal men who engaged in homosexuality include Ali Quli Khanand poet Sarmad Kashani who had such a crush on a Hindu boy that he went to his home naked. In contrast, homosexual acts were regarded as taboo among the common people. The British criminalised anal sex and oral sex for both heterosexuals and homosexuals under Section of the Indian Penal Codewhich entered into force in This made it an offence for a person to voluntarily have "carnal intercourse Homosexuality debate in india the order of nature.
Ina court in north India, ruling on the prosecution of a hijracommented that a physical examination of the accused revealed she "had the marks of a habitual catamite " and commended the police's desire to "check these disgusting practices". Inthe Indian Government said that legalising homosexuality would "open the floodgates of delinquent behaviour". Section stated that: According to a previous ruling by the Indian Supreme Court, decisions of a high court on the constitutionality of a law apply throughout India, and not just to the state over which the high court in question has jurisdiction.
There have been incidents of harassment of LGBT groups by authorities under the law. On 23 Februarythe Ministry of Home Affairs expressed its opposition to the decriminalisation of homosexual activity, stating that in India, homosexuality is seen as being immoral. The shift in stance resulted in two judges of the Supreme Court reprimanding the Central Government for frequently changing its approach to the issue. On 11 Decemberthe Supreme Court set aside the Delhi High Court order decriminalising consensual homosexual activity within its jurisdiction.
Human Rights Watch expressed concerns that the Supreme Court ruling would render same-sex couples vulnerable to police harassment,  stating that "the Supreme Court's ruling is a disappointing setback to human dignity, and the basic rights to privacy and non-discrimination"  The Naz Foundation stated that it would file a petition for review of the court's decision.
On 28 Januarythe Supreme Court of India dismissed the review petition filed by the Central Governmentthe Naz Foundation and several others against its 11 December verdict on Section On 18 DecemberShashi Tharoora member of the Indian National Congress party, introduced a bill for the repeal of Sectionbut it was rejected in the House by a vote of Shashi Tharoor is planning to re-introduce the bill.
On 2 Februarythe Supreme Court decided to review the criminalisation of homosexual activity. The Court also ruled that a person's sexual orientation is a privacy issue, giving hopes to LGBT activists that the Court would soon strike down Section In Januarythe Supreme Court agreed to refer the question of Section 's validity to a large bench,  and heard several petitions on 1 May On 6 Septemberthe Supreme Court issued its verdict.
History owes an apology to these people and their families. Homosexuality is part of human sexuality. They have the right of dignity and free of discrimination. Consensual sexual acts of adults are allowed for [the] LGBT community.
It is difficult to right a wrong by history. But we can set the course for the future. This case involves much more than decriminalizing homosexuality. It is about people wanting to live with dignity. Furthermore, it ruled that any discrimination on the basis of sexual orientation is a violation of the Indian Constitution: Sexual orientation is one of the many biological phenomena which is natural and inherent in an individual and is controlled by neurological and biological factors.
The Supreme Court also directed the Government to take all measures to properly broadcast the fact that homosexuality is not a criminal offence, to create public awareness and eliminate the stigma members of the LGBT community face, and to give the police force periodic training to sensitise them about the issue.
The judgement also included an inbuilt safeguard to ensure that it cannot be revoked again under the "Doctrine of Progressive Homosexuality debate in india of Rights". Legal experts have urged the Government to pass legislation reflecting the decision, and frame laws to allow same-sex marriage, adoption by same-sex couples and inheritance rights. Sex with minors, non-consensual sex rape and bestiality remain criminal offences. Per a judgment of the state High Courtwhen an IPC Indian Penal Code provision is struck down on grounds of violating the Constitution, its corresponding provision in the Ranbir Penal Code too would be struck down.
Same-sex marriages are not legally recognised in India nor are same-sex couples offered limited rights such as a civil union or a domestic partnership. Ina Haryana court granted legal recognition to a same-sex marriage, involving
Homosexuality debate in india women. The couple eventually won family approval. Their lawyer said the court had served notice on 14 of Veena's relatives and villagers who had threatened them with "dire consequences".
Haryana has been the centre of widespread protests by villagers who believe village councils or khaps should be allowed to impose their own punishments on those who disobey their rulings or break local traditions — mainly honour killings of those who marry within their own gotra or sub-caste, regarded in the Homosexuality debate in india as akin to incest.
Deputy Commissioner of Police Dr. Abhe Singh told The Daily Telegraph: The security is provided on the basis of threat perception and in this case the couple feared that their families might be against the relationship. In Octobera group of citizens proposed a draft of a new Uniform Civil Code that would legalise same-sex marriage to the Law Commission of India.
It defines marriage as "the Homosexuality debate in india union as prescribed under this Act of a man with a woman, a man with another man, a woman with another woman a transgender with another transgender or a transgender with a man or a woman. All married couples in partnership entitled to adopt a child. Sexual orientation of the married couple or the partners not to be a bar to their right to adoption. Non-heterosexual couples will be equally entitled to adopt a child".
Homosexuality debate in india are currently several same-sex marriage petitions pending with the courts. Article 15 of the Constitution of India states that: Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.
The Supreme Court has ruled that discrimination on the basis of sexual orientation is prohibited by the Indian Constitution. South Asia modern-day India, PakistanBangladesh and Nepal has traditionally recognised a third gender population, considered by society as neither male or female. Such individuals are known as hijras or alternatively hijadas Hindi: Hijras were legally granted voting rights as a third sex in The Court also right that the Indian Constitution mandates the recognition of a third gender on official documents.
Intransgender and gender activists S. It also contains provisions to prohibit discrimination
Homosexuality debate in india employment as well as prevent abuse, violence and exploitation of transgender people. The bill also provides for the establishment of welfare boards at the centre and state level as well as for transgender rights courts.
The bill was introduced by DMK MP Tiruchi Siva, and marked the first time the upper house had passed a private member's bill in 45 years.
However, the bill contains several anomalies and a lack of clarity on how various ministries will coordinate to implement its provisions.
Social Justice and Empowerment Minister Thaawar Chand Gehlot stated on 11 June that
Homosexuality debate in india Government would introduce a new comprehensive bill for transgender rights in the Monsoon session of Parliament. The bill would be based on the study on transgender issues conducted by a committee appointed on 27 January According to Gehlot, the Government intends to provide transgender people with all rights and entitlements currently enjoyed by scheduled castes and scheduled tribes.
The Transgender Persons Protection of Rights Bill,which was initially introduced to Parliament in Augustwas re-introduced to Parliament in late Homosexuality debate in india Padmashali criticised the bill's definition of transgenderism, which states that transgender people are "based on the underlying assumption of biological determinism". The states of
Homosexuality debate in india Nadu and Kerala were the first Indian states to introduce a transgender welfare policy.
According to the transgender welfare policy, transgender people can access free sex reassignment surgery SRS in government hospitals only for male-to-female ; free housing program; various citizenship documents; admission in government colleges with full scholarship for higher studies; alternative sources of livelihood through formation of self-help groups for savings and initiating income-generation programmes IGP.
Tamil Nadu was also the first state to form a transgender welfare board with representatives from the transgender community.
InKerala started implementing free surgery in government In Julythe state of Odisha enacted welfare benefits for transgender people, giving them the same benefits as those living below the poverty line. This was aimed at improving their overall social and economic status, according to the Odisha Department of Social Security. In Homosexuality debate in indiathe Ministry of Drinking Water and Sanitation instructed states to allow transgender people to use the public toilet of their choice.
In Octoberthe Karnataka Government issued the "State Policy for Transgenders, ", with the aim of raising awareness of transgender people within all educational institutions in the state. Educational institutions will address issues of violence, abuse and discrimination against transgender people. It also established a monitoring committee designed with investigating reports of discrimination.
On 28 NovemberN. Chandrababu Naiduthe Chief Minister of Andhra Pradeshannounced the enactment of pension plans for transgender people.
On 16 Decemberthe Andhra Cabinet passed the policy. In addition, the Government will construct special toilets in public places, like malls and cinema halls, for transgender people.
Transgender activists have criticised aspects of the bill, including its Homosexuality debate in india to establish medical boards to issue "transgender certificates".
Vaadamalli by novelist Su. As Supreme Court reopens the homosexuality debate, Christian, Muslim and Hindu religious bodies say they will oppose decriminalisation. Medicine and science continue to debate the relative contributions of nature and nurture, biological and psychosocial factors, to sexuality. Essentialist.
Lesbian, gay, bisexual, transgender and intersex (LGBTI) people in India face legal and social "Drafting change: What the new 'progressive' intervention in Uniform Civil Code debate entails".