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 have been allowed to change their gender without sex reassignment surgery"Homosexual persons in india" 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, welfare benefits, pension schemes, free surgeries in government hospitals and others programmes designed to assist them. There are approximately 4.
Over the 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 "Homosexual persons in india" 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 Inquisition once prosecuted the capital crime of sodomy in Portuguese India  but "Homosexual persons in india" 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 Homosexual persons in india 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 Raj 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 against 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 "Homosexual persons in india" 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 "Homosexual persons in india" 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 Homosexual persons in india 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 Homosexual persons in india 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.