LGBTQ+ Rights
Since the Supreme Court's landmark rulings decriminalising homosexuality and recognising transgender identity, LGBTQ+ Indians have real, enforceable constitutional protections — though marriage equality and several other rights remain unresolved.
Consensual same-sex relationships are legal
The Supreme Court's 2018 Navtej Singh Johar ruling struck down Section 377's criminalisation of consensual adult same-sex relationships as unconstitutional.
Right to self-identified gender
The 2014 NALSA judgment and the Transgender Persons (Protection of Rights) Act, 2019 recognise a person's right to self-identify their gender without needing surgery.
Protection from discrimination in jobs and services
The Transgender Persons Act specifically bars discrimination in employment, education, healthcare, and access to public services on the basis of gender identity.
Right to a Transgender Identity Certificate
A District Magistrate must issue this certificate based on self-perceived identity, giving legal recognition without requiring medical proof.
What actually happens, and what to do
Click a scenario to see the law, the exact steps, and who to call.
01
I'm facing harassment or discrimination for my sexual orientation or gender identity
Discrimination or harassment at work, in services, or in public, connected to being LGBTQ+.
Post-Navtej Singh Johar, consensual same-sex relationships between adults are fully legal, and general constitutional protections (Articles 14, 15, 21) apply to LGBTQ+ individuals like anyone else. The Transgender Persons Act, 2019 specifically prohibits discrimination against transgender persons in employment, healthcare, education and public services.
- For discrimination in employment or services, raise a formal written complaint with the organisation, citing the Transgender Persons Act (if applicable) or general anti-discrimination principles.
- For harassment or violence, this is a criminal matter — file a police complaint like any other harassment or assault case; police cannot refuse to register a complaint because the victim is LGBTQ+.
- Contact NALSA (15100) for free legal aid — sexual orientation/gender identity cases can be complex, and specialised support helps.
NALSA Legal Aid
Free legal aid regardless of income.
National Human Rights Commission
For discrimination by state actors.
02
I want to get a Transgender Identity Certificate
Legal recognition of your self-identified gender, without requiring surgery.
Under the Transgender Persons (Protection of Rights) Act, 2019, you have a legal right to a Certificate of Identity reflecting your self-perceived gender identity — male, female, or transgender — issued by the District Magistrate, without requiring proof of surgery or medical intervention.
- Apply to your District Magistrate's office (many states also allow online application via the National Portal for Transgender Persons).
- Submit a self-declaration of your gender identity — no medical certificate is required for this basic certificate.
- If you've undergone gender-affirming surgery and want your certificate updated to reflect a binary gender, a medical certificate from a designated authority is required for that specific update.
National Portal for Transgender Persons
Apply for your Identity Certificate.
03
Can I marry my same-sex partner in India?
Understanding the current, still-evolving legal position on marriage equality.
As of 2026, India does not have marriage equality — the Supreme Court's 2023 ruling in Supriyo v. Union of India declined to read a right to same-sex marriage into the Special Marriage Act, instead directing the government to consider civil union rights through a committee process, without a binding timeline.
- While marriage itself isn't currently available, some couples have pursued cohabitation agreements, powers of attorney, wills, and nomination changes to approximate some legal protections.
- Consult a lawyer familiar with LGBTQ+ family law for the current options, since this area is actively evolving.
04
A hospital or doctor is refusing me appropriate care because of my gender identity
Discriminatory denial or substandard treatment connected to gender identity.
The Transgender Persons Act specifically guarantees the right to access healthcare without discrimination, and directs the government to ensure health insurance and gender-affirming care access.
- File a written complaint with the hospital's grievance redressal mechanism.
- Escalate to the State Medical Council for professional misconduct if a doctor refuses appropriate treatment on discriminatory grounds.
- Complaints can also go to your State Transgender Welfare Board, which several states have established.
The legal basis, in plain terms
Key provisions that apply here
Struck down Section 377's criminalisation of consensual same-sex relationships.
Recognised the right to self-identified gender under Articles 14, 15, and 21.
Identity certificates, anti-discrimination, and welfare measures.
Right to dignity, privacy and personal autonomy, extended to sexual orientation and gender identity.
Court rulings that shaped this right
The precedents behind the plain-language explanations above.
Quick answers
Is homosexuality still a crime in India?
Can transgender persons adopt children in India?
Is there reservation for transgender persons in jobs or education?
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Ask AdhikarThis page explains general Indian law for information purposes and is not legal advice. Laws, portal names, fees and helpline numbers change — please verify current details on the official government website linked above before taking action, and consult a qualified advocate for advice on your specific case.