LGBTQ+ Rights

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.

1. 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.
2. 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+.
3. Contact NALSA (15100) for free legal aid — sexual orientation/gender identity cases can be complex, and specialised support helps.

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.

1. Apply to your District Magistrate's office (many states also allow online application via the National Portal for Transgender Persons).
2. Submit a self-declaration of your gender identity — no medical certificate is required for this basic certificate.
3. 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.

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.

1. 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.
2. Consult a lawyer familiar with LGBTQ+ family law for the current options, since this area is actively evolving.

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.

1. File a written complaint with the hospital's grievance redressal mechanism.
2. Escalate to the State Medical Council for professional misconduct if a doctor refuses appropriate treatment on discriminatory grounds.
3. Complaints can also go to your State Transgender Welfare Board, which several states have established.