LGBTQ+ community in India: Rights and challenges
This article examines the evolving landscape of LGBTQ+ rights in India from 2018 to 2023. It highlights the landmark decriminalization of homosexuality in 2018, the recognition of transgender rights, and the subsequent setback with the denial of same-sex marriage in 2023. While legal progress has been made, the article also addresses the persistent social stigma, discrimination, and mental health challenges faced by the LGBTQ+ community in India.
New Delhi: The day was September 6 and the year 2018. In a landmark verdict, the Supreme Court legalised homosexuality in India, while unanimously ruling that Section 377 was unconstitutional as it infringed on the fundamental rights of autonomy, intimacy, and identity. In doing so, it overturned its 2013 judgment. Section 377 had criminalised "unnatural offenses”, which included same-sex relations.
Earlier in 2014, the Supreme Court had made another crucial ruling recognising transgender people as a "third gender”. This decision upheld the right of transgender individuals to self-identify. In 2019, The Transgender Persons (Protection of Rights) Act was passed to ensure access to education, employment, healthcare, and social security to such people.
Even though it decriminalised consensual same-sex relationships and acknowledged the "third gender”, the Supreme Court ruled against legalising same-sex marriage in India in a ruling on October 17, 2023. The court ruled that same-sex couples do not have the right to form civil unions and that same-sex couples cannot adopt.
The 2014 and 2018 apex court rulings were a huge victory for the LGBTQ+ (Lesbian, Gay, Bisexual, Transgender, Queer) community but the 2023 order was a massive setback. The LGBTQ+ activists and organisations are now pitching hard for the legal recognition of same-sex marriages, but the issue continues to be a bone of contention in Indian society and politics. There’s no gainsaying the fact that India has made huge strides in expanding LGBTQ+ rights over the last few years, but LGBTQ+ people in the country still face a host of legal and social challenges.
Gaining acceptance
LGBTQ+ people in India have experienced growing acceptance within society since the 2010s. According to a 2023 Pew Research Center poll, 53% of Indians supported the legalisation of same-sex marriage, while 43% were against it. A poll carried out by The Hindu and YouGov found that 57% of respondents backed legalising same-sex marriage, while 39% opposed it.
Similarly, a 2018 UNDP report on LGBTQ+ rights in India suggested that more than half of urban Indians had a positive view of LGBTQ+ rights. Support was stronger among younger people, with urban areas displaying higher levels of acceptance.
A 2017 survey also found that 69% of urban Indians voiced support for LGBTQ+ rights, including the decriminalisation of homosexuality and enhanced legal protection against discrimination.
Another study underlines the supportive attitude towards LGBTQ+. The Ipsos LGBT+ Pride 2021 Global Survey showed that 18% of Indians had attended a same-sex wedding, 19% had visited a bar or nightclub primarily catering to LGBTQ individuals, and 30% had spoken out against someone displaying bias towards the LGBTQ+ community.
The same survey pointed out that 66% of Indian respondents believed that same-sex couples should have the same adoption rights as opposite-sex couples, while 21% disagreed and 13% were unsure. Likewise, 59% of respondents felt that same-sex couples are just as capable as other parents in successfully raising children, 26% disagreed, and 16% were unsure.
In another show of solidarity, a 2015 poll carried out at IIT Delhi found that 72% of respondents believed that "being homosexual is as normal as being heterosexual”. Several educational institutes have established their own LGBTQ+ clubs, including Saathi at IIT Bombay, Ambar at IIT Kharagpur, Indradhanu at IIT Delhi, Satrangi at IISER Pune, Unmukt at IIT Kanpur, Anchor at BITS Pilani, HCQC at Hindu College, and many others.
Several LGBTQ + rights activists from India are also vociferously supporting the community. These activists are not necessarily from the LGBTQ+ community.
Facing social challenges
Even though there has been huge legal progress, LGBTQ+ individuals in India continue to endure social stigma and discrimination to a large extent. They are rejected by their families, harassed and bullied at the workplace, and face different kinds of violence in various arenas. When families reject them, they lose a support system and sometimes, are rendered homeless too. Even if they stay in the family, the bonds are strained.
A 2024 study found that 79% of gay men and 44% of bisexual men had gone through verbal, physical, or other forms of violence. A 2022 study by the World Values Survey indicated that 62% of Indians "would not like to have homosexuals as neighbours”.
Besides, their mental health is also undermined due to bias and ill-treatment. The LGBTQ+ community in India often grapples with mental health issues that are caused by societal pressures, bias, and rejections. The awareness programmes and supportive counselling services are very less and therefore, it makes tougher for individuals to access the required help.
They also often face obstacles in accessing healthcare services, such as discrimination from healthcare providers, a lack of LGBTQIA+-friendly facilities, and difficulties in obtaining proper medical care for sexual health concerns.
The community continues to face legal challenges regarding marriage, adoption, inheritance, and other civil rights.
The need of the hour is to create an inclusive society where LGBTQ+ individuals can live with full freedom, without any fear or discrimination. This will be possible only when both the government and civil society take a more thoughtful and serious look towards the community.