The beach beckons at day, the dance floor calls at night – Sydney’s Gay and Lesbian Mardi Gras events are kicking off from the famous Fair Day this weekend. Some in the diaspora may have ongoing cultural hang-ups and taboos in relation to LGBTQIA+ people because of centuries of colonial occupation of India and the imposition of Victorian social mores through laws such as the Indian Penal Code. However, queer identity and the fluidity of sexuality and gender are interwoven with our history, from the Khajuraho temples, to androgynous deities like Shikandi and Arthanereesawara, to the former social prominence of “hijra” communities. LGBTQIA+ Indians
While these arguments helped the eventual overturning of Section 377 of the Indian Penal Code, which led to the decriminalisation of same-sex sexual relations in 2018 (a feat already achieved by every Australian jurisdiction between 1975 and 1997) the legal hurdles faced by Queer Indians back in the motherland neither started nor ended with that issue.
Positively, there have been several advancements since 2018 that are worth celebrating. The march for progress in India has relied heavily on approaching the courts in the absence of political will in some states and territories, and at a central government level.
In September 2025, the Tamil Nadu Medical Council (TMNC) issued a directive mandating that medical professionals complete training on “inclusive healthcare, transgender rights and the ethical responsibilities of healthcare professionals in treating sexual and gender minorities”, as part of their Continuing Medical Education. Such training is vital for queer people to feel safe enough to ask doctors questions about their healthcare, from family planning, to gender affirming care, to sexually transmitted infections. Tamil Nadu is the first state in India to action such training requirements, and they are the latest in a suite of upcoming equitable measures unveiled through the Tamil Nadu State Policy for Transgender Persons 2025, which also includes expanded access to gender affirming care and preferencing gender diverse folks for housing schemes to offset the social and educational disadvantage faced by trans people. LGBTQIA+ Indians
However, absent in the Tamil Nadu policy is any form of employment or educational reservation as seen with the one percent reservation for government roles in Karnataka. The 2025-2026 baseline survey on gender minorities in Karnataka, released in January 2026, has recommended a one percent reservation in private sector jobs for people from gender minorities. If implemented in Karnataka, these recommendations could spur private employers to take more pro-active measures to extend employment opportunities to trans Indians and act as a model for other states to look to.
Another key development is the contrasting definitions of trans people in Indian courts when compared to the UK. The UK Supreme Court in For Women Scotland v The Scottish Ministers, found that the terms “man”, “woman” and “sex” under the Equality Act 2010 (UK) align with “biological sex”, which the court then applied to limit women to only cisgender women, in the case of anti-discrimination protections and measures. However, Indian courts have continued to take a different route.
Just two months after the UK case, the Andhra Pradesh High Court presided over a case of dowry harassment against a trans woman by her husband and in-laws, under criminal laws banning that conduct. A key issue the Court considered was the husband’s argument that the complainant was ineligible to use the criminal offence due to her inability to bear children, and hence, that she does not qualify as a “woman” under that law. Justice Pratapa rejected the argument that womanhood required one’s ability to bear children and found that “[a] trans woman, born male and later transitioning to female, is legally entitled to recognition as a woman”, maintaining an important principle that legal protections for women are inclusive of trans women. LGBTQIA+ Indians
Ongoing issues for LGBTQIA+ Indians
After the Supreme Court of India in Supriyo v. Union of India in 2023 dismissed the arguments to recognise same-sex marriage and stated that recognition of same-sex marriage was a matter for recognition by the Indian Parliament, little has happened to progress the cause for same-sex marriage by the National Democratic Alliance controlled parliament.
The leading opposition party, the Indian National Congress pledged ahead of the 2024 general election to recognise same-sex unions rather than same-sex marriage – mirroring the initial first step undertaken in Australia in 2009 before the recognition of marriage equality in 2017. But with the INC losing that election, the policy has been shelved for the time being. LGBTQIA+ Indians
Further, same-sex attracted Indians continue to be barred from joint adoption as couples (though a single person adopting is not barred by reason of their sexuality) and surrogacy, and continue to struggle with inheritance and limited anti-discrimination protections from private companies, including in employment and provisions of goods and services.
Widespread social discrimination and marginalisation, and the ensuing poor living standards continue to stalk transgender Indians even after some legislative efforts have been made in relation to these issues.
Parents opposed to their adult children’s LGBTQIA+ identity or relationships continue to weaponise the police to effectively kidnap their child or harass their child’s partner, with some courts such as the Madras High Court continuing to be an effective bulwark against this misuse of law enforcement agencies. LGBTQIA+ Indians
Despite these challenges, one thing is clear – the march for progress in India continues. As Sydney enters its Mardi Gras period for 2026, it is important that we have constructive conversations in our community to ensure we can all enjoy our lives and pursue our ambitions, free from discrimination.
Whether you like to dance, watch rom coms, see parades or speak to community organisations and advocates, this massive festival in our city is a great opportunity to get to know more about LGBTQIA+ people in Sydney and reflect on the need for greater visibility of our own diaspora’s queer love stories, identities and transformations.
Queer Indians have existed throughout the subcontinent’s history and are not a foreign import – what is alien (but has become entrenched through colonial imposition upon our culture) is the stigma, discrimination and persecution of diverse sexualities and gender identities. It is high time that the diaspora fully embraces its queer members, lest it be left far behind by both mainstream Australia and potentially in the future, the motherland too. Now is a great opportunity to start.
See you at Fair Day! LGBTQIA+ Indians
