LGBTQ+ rights
LGBTQ+ rights — NALSA 2014, Section 377 striking (Navtej Singh Johar), Transgender Act 2019
12 min read · Updated 2026-05-25
What are LGBTQ rights in India?
LGBTQ rights in India are anchored in three judgments: NALSA of 2014, which recognised a third gender; Navtej Singh Johar of 6 September 2018, in which a five-judge bench read down Section 377 to decriminalise consensual same-sex conduct between adults; and Supriyo of 17 October 2023, which declined 3-2 to recognise same-sex marriage. The governing statute is the Transgender Persons Act 2019.
The story
It is 6 September 2018. The five-judge Constitution Bench of the Supreme Court of India — Chief Justice Dipak Misra, Justices A.M. Khanwilkar, Rohinton F. Nariman, D.Y. Chandrachud, Indu Malhotra — unanimously strikes down Section 377 of the IPC as it applies to consensual homosexual conduct between adults. Justice Indu Malhotra writes: "History owes an apology to the members of this community and their families." Justice Chandrachud quotes Leonard Cohen: "There is a crack in everything; that's how the light gets in."
Navtej Singh Johar v. UoI is the culmination of a 20-year struggle: from Naz Foundation v. NCT (2009) (Delhi HC ruling that read down Sec 377) → Suresh Kumar Kaushal (2013) (SC reversed Delhi HC) → NALSA v. UoI (2014) (recognised "third gender") → Justice K.S. Puttaswamy (2017) (right to privacy + sexual orientation as intrinsic to identity) → Navtej Singh Johar (2018).
A year later, on 5 December 2019, Parliament passes the Transgender Persons (Protection of Rights) Act 2019, operationalising NALSA + giving statutory recognition to transgender persons. Five years on, Supriyo @ Supriya Chakraborty v. UoI (October 2023) declines to constitutionally legalise same-sex marriage 3-2, but unanimously affirms the right of same-sex couples to cohabit + live with dignity + directs Centre to set up a High-Powered Committee to look into welfare entitlements.
For UPSC GS-II, "LGBTQ+ rights" is the fastest-growing Social Justice sub-topic — every year since 2014 has had at least one direct or indirect PYQ. PYQs: 2017 (Naz / Suresh Kumar Kaushal trajectory), 2018 (Sec 377 + Sec 21 right to privacy), 2020 (NALSA + Transgender Persons Act), 2023 (Supriyo + marriage equality).
Why this matters for UPSC
India's transgender population estimated at 4.88 lakh (Census 2011) — likely 2-3% of population (~3 crore) by WHO + community surveys. LGBTQ+ population estimated at ~10 crore by Mainichi LGBT-Indian survey 2020.
GS-II PYQs since 2014 have hit LGBTQ+ rights in 2014, 2017, 2018, 2020, 2022, 2023, 2024 — 7 in 10 years; among the highest density for any sub-topic.