Despite Legal Changes, LGBT Indians Still Face Violence

Last updated: 8 October 2026

Photo: Bengaluru Pride 2009 - Vinayak Das

The 2018 Supreme Court ruling in Navtej Singh Johar v Union of India struck down Section 377 of the Indian Penal Code, decriminalising same-sex relations between consenting adults. However, LGBT rights in India remain precarious. Despite legal reform, LGBT individuals — particularly those from conservative families, rural areas, or religious minority communities — continue to face violence, conversion practices, and institutionalised discrimination. A 2023 Supreme Court ruling declined to legalise same-sex marriage, underscoring how far legal protections lag behind basic equality.[1]

Legal Background: Decriminalisation Without Protection

Section 377 of the Indian Penal Code, a relic of British colonial law, criminalised "carnal intercourse against the order of nature." Its application to consensual same-sex relations was struck down by the Supreme Court in September 2018. However, the ruling created no positive protections. Same-sex couples have no right to marry, adopt, inherit as spouses, or access joint financial accounts. Furthermore, there is no national legislation prohibiting discrimination in employment, housing, or healthcare on grounds of sexual orientation or gender identity.[2]

In October 2023, a five-judge Supreme Court bench unanimously declined to legalise same-sex marriage, holding that the right to marry is not a fundamental right under the Constitution. The court also declined to extend adoption rights to same-sex couples. Civil society organisations expressed deep disappointment, noting that the ruling leaves LGBT people without legal recognition of their relationships and families.

The Transgender Persons (Protection of Rights) Act 2019 has been widely criticised by transgender rights groups. The law requires transgender individuals to obtain a gender identity certificate from a District Magistrate — a process that many find intrusive, bureaucratically difficult, and dependent on medical verification. The Act also fails to include effective remedies for violence or discrimination.[3]

Violence, Honour Attacks, and Forced Marriage

LGBT Indians — particularly those from Muslim, Sikh, and Hindu conservative communities — face honour-based violence when their identities become known to family members. Parents sometimes confine adult children, arrange forced marriages, or subject them to exorcism or conversion practices. These practices are not criminalised at the national level, and police responses are often inadequate or hostile.[4]

LGBT people in India face serious risks of violence from family members and community, with police often refusing to register complaints or treat victims with dignity.
Human Rights Watch, 'Dignity Denied: Violence Against LGBT People in India' (2023)

Conversion therapy — attempts to change sexual orientation or gender identity through psychological, religious, or medical means — remains legal in India. The Indian Psychiatric Society has stated that homosexuality is not a disorder, but no national law bans conversion therapy. Reports document cases of confinement, electroconvulsive therapy without indication, and forced marriage used as conversion methods.

Hijra and Transgender Communities

Hijra communities — a traditional South Asian third gender — have a historical presence in India but face acute contemporary vulnerabilities. While the Supreme Court's 2014 NALSA judgment recognised a third gender and directed governments to provide social welfare, implementation has been uneven. Many hijras face police harassment, extortion, and exclusion from housing and employment.[5]

The 2019 Transgender Persons Act, despite its stated protections, imposes criminal penalties for begging — a livelihood that many marginalised transgender individuals depend on. Several activist groups have challenged the Act's provisions at the High Courts. Meanwhile, violence against hijras and trans women continues to be significantly underreported due to distrust of police.

Implications for Asylum Claims

LGBT Indians may have well-founded claims to asylum on grounds of membership of a particular social group under the 1951 Refugee Convention. The legal decriminalisation of homosexuality does not eliminate risk — family and community violence, conversion practices, and police hostility remain well-documented non-state harm.[6]

Decision-makers should not rely solely on the 2018 ruling as evidence of adequate state protection. The absence of anti-discrimination law, the absence of same-sex relationship recognition, and the documented police responses to LGBT victims all point to the persistence of risk. Internal relocation must be assessed carefully — for individuals whose families span multiple states, or whose community networks are national, relocation may offer limited safety.

For specialist country evidence on LGBT risk profiles in India, see our expert witness directory. Our India country reports and India asylum guide provide further practitioner guidance.

Conclusion

Legal reform in India has removed the criminal prohibition on same-sex relations, but it has not created a framework of protection for LGBT individuals. Violence, conversion practices, and family-based harm remain common. The 2023 rejection of same-sex marriage rights confirmed that legislative progress has stalled. For those facing persecution based on sexual orientation or gender identity, India offers limited state protection and significant ongoing risk.