LGBTIQA+ History Of India

The story of the Indian queer community’s fight for equality.

The Constitution of India promises its citizens equality before the law, protection from discrimination, freedom of expression, and the right to live with dignity. These rights highlighted by Articles 14, 15, 19 and 21, form the basis of democratic society. Yet, for decades, many LGBTQ+ Indians found themselves unable to fully exercise these very rights that were guaranteed by the constitution. The freedom to love, the freedom of self expression and the freedom to live a dignified life without being marginalized for just being themselves, were often limited by legal barriers and social prejudice. This contrast poses the question: If these rights were guaranteed and promised to all the citizens, why has this community had to fight for so long to simply claim them? 

Due to the recent rise of discourse regarding the existence of this community and the struggles faced by them on a daily basis, Indian society assumes that it’s a recent phenomenon. Something born out of this amalgamation of growing media, propaganda, western influence and rebellion. The recent surge in public discussion regarding the struggles faced by this community does not mean that it’s a “new” phenomenon but rather amplifies the silent struggle that has existed throughout Indian history. To understand why LGBTQ+ identities are so often perceived as “new,” it is necessary to look beyond contemporary debates and into the past. This article delves into India’s rich history, uncovering the stories, traditions, and communities that reveal the longstanding presence of LGBTQ+ individuals throughout the years. 

Pre-colonial India was bubbling with rich cultural, traditional and spiritual diversity. It accommodated a wider range of gender expressions and identities. Pre-colonial India showed greater flexibility in its understanding of gender and sexuality. Gender non-conformity in India can be dated back over 2800 years. Gender non-conforming communities were very common and they were also well respected. This is exemplified by texts such as the Kamasutra and is illustrated in Medieval Temple art. The Hijra community is one of the oldest gender non-conformning communities in South Asia. They are believed to have the powers to bless people with fertility which made this community very important spiritually. For thousands of years in pre colonial India, all gender groups were an accepted part of social structures. Hijras were traditionally powerful figures appointed as bodyguards and tax collectors in the Mughal and Sultanate courts. The arrival of the British introduced drastic changes into the lives of the Hijra community. 

American Political Scientist and Anthropologist James C. Scott  in his book Seeing Like A State argues that “typifications are indispensable to statecraft” which means that governments should reduce the messy reality of daily life into standard categories to successfully manage a country.  This categorization helps in governance. The British were desperate to classify people into separate colonies and groups, but the Hijra were difficult to classify. The British did not view gender as a fluid construct rather they viewed it as “separate spheres”. Victorian gender norms assumed that men and women occupied different spheres because they were naturally different. The Hijras embraced androgyny and could not be “classified” into gender categories. This meant that the British Raj couldn’t control them. The Hijras were considered to be a threat to the colonial powers.  

In an effort to draw up a legal framework that was similar or sort of reflected the Indian legal system at the time, the British were forced to read and translate  many of our ancient religious texts. Upon translation, the British were unable to comprehend the ideas of  gender fluidity and sexuality. They simply started referring to the Hijras as “Eunuchs” so they came under the sphere of men. This was the beginning of the oppression that the Hijra community would have to undergo for a very long time.  

During the 19th century, the British started to impose Victorian ideas about gender, sexuality, religion and morals. They emphasised on a male – female binary and viewed other gender expressions as immoral. At this time, the European fear of homosexuality had  made its way to India. With the onset of such stigma, the British Raj doubled down. The colonial legislation (Indian Penal Code, IPC/1861) and Criminal Tribes Act (CTA/1871-1897) relied upon forensic medical science to provide ‘rational’ evidence linking fluid sexuality and criminal acts to support court hearings. Essentially, they used diseases such as syphilis and medical disorders that were prevalent amongst the gender non-conforming communities, to establish a sense of abnormality surrounding them. This would ultimately lead to trial under Section 377. 

Section 377 of the Indian Penal Code 1860 states that: 

Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 

This acted as a ‘legal panopticon’ that aimed to control and eventually marginalize the Hijra community. S377 had repercussions on the Hijra’s way of life. This stigmatized their community. As a result of this imposition, the social identity of the Hijra community slowly began to fade away. They were stripped of their statuses in society and the empires, reduced to objects that were subjected to constant surveillance and regulation by the British officials because they were considered to be a cause for “suspicion”. They were forced to abide by a system that was foreign to them. A community that used to hold positions of power and influence in spirituality and government, increasingly found itself being shunned to the margins of society. The effects of this marginalization are unfortunately still seen till this day. The oppression of the Hijra community is considered to be one of the greatest ironies in Indian history. 

Fast forward to 1988, India is an independent country and has been for the past 4 decades. The streets of New Delhi are bustling with Fiats and Ambassadors moving alongside traditional bullock carts being pulled by tired oxen. The skies are clear, the air is crisp and consumerism was still a pretty foreign concept. This contrast shows that the country was developing but very slowly. There were still a lot of issues that were prevalent at the time. One of them being the uncontrolled spread of HIV. Human Immunodeficiency Virus (HIV) was rampant at that time. If someone contracts this virus it could lead to AIDS – Acquired Immunodeficiency Syndrome which ultimately leads to a shorter and more difficult life. HIV can only be spread through direct contact with body fluids. 

A group of Delhi based citizens involved in community work in education, health, law, drug abuse issues and in the peace movement came together over the plight of women working in GB Road, Delhi’s red light area. The entry into these communities was with a view to learn more about the problems of these defined groups and to see whether their viewpoints may be conveyed to the outside world and if they can procure external support. 

With this group, the ‘AIDS Bhedbhav Virodhi Andolan’ (ABVA) or the ‘AIDS Anti Discrimination Movement’ was founded. This was the first HIV/AIDS activist movement in India. When the group was started the focus was only on issues related to women in prostitution. Public health policy for control of AIDS/HIV infection was based on targeting “high risk” groups. ABVA therefore started studying and documenting the issues related to those “target groups”. In this process the group was joined by other concerned citizens. The group has since taken a stand on all kinds of discrimination against target groups. ABVA was instrumental in installing the Draconian AIDS (Prevention) Bill, 1989 through petitions in Parliament, public meetings, protest actions and networking both in India and abroad. 

Their report titled Less Than Gay : A Citizens’ Report on the Status of Homosexuality in India written in 1991 was aimed at breaking social boundaries and stigma surrounding homosexuality. At the time, homosexual men and women were being blamed for the spread of HIV and were being discriminated against. The report further goes on to elaborate the need for better sexual health resources.  ABVA got involved in AIDS activism in 1989 on hearing from women in the red-light area that doctors from the All India Institute of Medical Sciences (AIIMS) and the Indian Council of Medical Research (ICMR) had forcibly tested them for HIV with the help of the police. ABVA protested this action, asking that good quality condoms, humane treatment and rehabilitation schemes for HIV positive people be made a prerequisite for any government screening for HIV. The movement also fought tirelessly for the decriminalisation of sodomy. This report is considered to be one of the first few resources on homosexuality in India. The report beautifully highlights the fact that being queer isn’t something “unnatural” or something that goes against our tradition. But, still so many people have had to suppress their true identities, their true selves, in order to live a life without being discriminated against. There are a few stories about people of this community that are mentioned too. The ABVA spearheaded one of the first movements for gay rights and they still continue to fight till this day. 

 Decriminalization of Homosexuality 2018

The Delhi High Court decriminalized homosexuality in 2009 but this was overturned in 2013 by the supreme court. Decriminalization of homosexuality in 2018 is a huge milestone in this movement. The judgement of the case Navtej Singh Johar v. Union of India. This ruling addressed the constitutionality of Section 377 of the Indian Penal Code (IPC), a colonial law that criminalized “carnal intercourse against the order of nature.” Though this law was rarely enforced it still acted as a threat of prosecution for the community. The court held that criminalizing private, consensual acts violated several fundamental rights guaranteed by the Constitution, including the right to equality (Article 14), the right against discrimination (Article 15), and the right to life and personal liberty (Article 21). The court also emphasized that the right to sexual orientation made up a core component of identity, dignity and privacy, all that are important to the constitutional structure. This ruling explicitly overruled a previous 2013 Supreme Court decision that had reinstated Section 377. Section 377 remains in force only to address non-consensual sexual acts, sexual acts with minors, and bestiality.

The Transgender Persons (Protection Of Rights) Bill  2019

This bill was introduced in the Lok Sabha by the Minister for Social Justice and Empowerment, Mr. Thaawarchand Gehlot. This bill provides a proper definition of a transgender person, prohibits discrimination against them. The bill also states that transgender people will not be discriminated against in employment matters, healthcare, education, government welfare schemes, etc. This bill was introduced shortly after the NALSA vs Union Of India decision that provides legal recognition for the third gender and for persons transitioning between the male female binary. 

Same – Sex Marriage Case 2023

In 2023, The supreme court acknowledged that queer relationships do deserve dignity and protection, it declined to legalize same – sex marriage, stating that this decision is to be made by the Parliament and not the judiciary. This ruling also highlighted parts of the constitution that had to be amended in order to make laws and arrangements for same – sex marriages. The judgment recognized the right for queer couples to cohabit and acknowledged their need for protection. The judgment did not legalize same-sex marriage, did not give queer couples the right to adopt and did not change personal laws. 

Transgender Persons Amendment Act 2026

The bill seeks to amend the Transgender Persons (Protection of Rights) Act, 2019, which emerged in response to the Supreme Court’s landmark 2014 NALSA judgement. The judgement affirmed that gender identity is self – determined and that legal recognition cannot be dependent on medical examination or biological tests that may invade privacy.  The 2019 act recognised transgenders persons right to self identification and ensuring protection against discrimination. But the government claims to have faced difficulties in the implementation of the 2019 Act due to the wide expanse of the existing definition of transgender persons. So a modification to the definition was deemed “necessary”. The bill was amended to be streamlined to work for “those who are in actual need of such protection.” The 2019 Act adopted a broad, inclusive definition but this modification makes it narrow and more category based. This amendment is seen as a departure from the earlier framework. It excludes a range of identities that were previously recognized and also overlooks region-specific identities. 

These changes did not happen overnight. They were a result of a tireless fight that lasted decades. These results were also achieved when everybody came together and stood alongside the community, showing their unwavering support. One of the greatest ironies of Indian history will be how this once flourishing community was pushed to the margins of society and discrimination against them still continues to this day

Dear readers, please remember, everyone is human. Just because their opinions differ from yours doesn’t make them any less human and doesn’t make them any less deserving of the same rights. Everybody deserves to be treated with respect regardless of sex, gender, age, caste, creed, sexuality, etc.  I urge all of you to stand for what you truly believe in. Do your research. Do not blindly believe opinions and use that to frame your own. I hope this article sheds some light on the history of this beautiful community whose stories and experiences are often overlooked and ignored. I also hope in some way that this article has acted as a tribute to the unsung heroes of this brave fight. Happy Pride.