Andaman and Nicobar Islands is governed by federal India law. Learn more
- Homosexuality
- ⚢✔ Legal
- Gay Marriage
- ⚭✖ Unregistered cohabitation
- Censorship
- ✔ No censorship
- Changing Gender
- ✖ Legal, but requires surgery
- Gender-Affirming Care
- ✔ Legal
- Non-Binary Gender Recognition
- ✔ Recognized
- Discrimination
- ✖ Illegal in some contexts
- Employment Discrimination
- ✖ Gender identity only
- Housing Discrimination
- ✖ Gender identity only
- Adoption
- ✖ Single only
- Intersex Infant Surgery
- Varies by Region
- Military
- ✖ Illegal
- Donating Blood
- ✖ Banned (indefinite deferral)
- Conversion Therapy
- Varies by Region
- Age of Consent
- ✔ Equal
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Public Opinion
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Homosexual activity in Andaman and Nicobar Islands is legal.
Current status
Since Sep 6, 2018
Legal
In the Supreme Court case of Navtej Singh Johar v. Union of India, a five-judge Constitutional Bench overturned the Supreme Court's decision in Suresh Kumar Koushal v. Naz Foundation and decriminalized homosexuality by striking down the provisions of Section 377 of the Indian Penal Code that deemed sexual acts between consenting adults as criminal.
Illegal (imprisonment as punishment)
In the Supreme Court case of Suresh Kumar Koushal v. Naz Foundation, a two-judge Division Bench overturned the Delhi High Court's decision in Naz Foundation v. Govt. of NCT of Delhi, upholding the constitutionality of Section 377 of the Indian Penal Code, which criminalized same-sex sexual intercourse and carried a penalty of up to 10 years imprisonment.
Legal
In the Delhi High Court case of Naz Foundation v. Govt. of NCT of Delhi, a two-judge Division Bench decriminalized homosexuality by striking down the provisions of Section 377 of the Indian Penal Code that deemed sexual acts between consenting adults as criminal.
Illegal (imprisonment as punishment)
The Indian Penal Code was enacted by the Imperial Legislative Council, the legislature during British direct rule in India. Section 377 of the Indian Penal Code criminalized same-sex sexual acts and carried a penalty of up to 10 years imprisonment.
Same-sex marriage in Andaman and Nicobar Islands is unregistered cohabitation.
Current status
Since Oct 17, 2023
Unregistered cohabitation
In the Supreme Court case of Supriyo @ Supriya Chakraborty v. Union of India, a five-judge Constitutional Bench held that LGBTQ+ persons have the right to choose a partner, cohabit and enjoy physical & mental intimacy, free from physical threat and coercive action. The State is bound to protect the exercise of these rights.
Unregistered cohabitation
The Uttarakhand High Court acknowledged that cohabitation and "live-in relationships" are protected by law.
Unrecognized
There are currently several same-sex marriage petitions pending with the courts. On 12 June 2020, the Uttarakhand High Court acknowledged that while same-sex marriage may not be legal, cohabitation and "live-in relationships" are protected by the law.
Censorship of LGBT issues in Andaman and Nicobar Islands is no censorship.
Current status
No censorship
In India, there are no laws restricting to discussion or promotion of LGBTQ+ topics.
Right to change legal gender in Andaman and Nicobar Islands is legal, but requires surgery.
Current status
Since Dec 5, 2019
Legal, but requires surgery
The Transgender Persons (Protection of Rights) Act, 2019 allows for transgender individuals to change their gender marker to either "male" or "female" only after showing proof of their gender confirmation surgery issued by a medical officer to the District Magistrate. This provision contradicts the Supreme Court decision in 2014. This contradiction has been challenged as unconstitutional in the Indian Supreme Court. As of June 2020, a second petition alleging unconstitutionality has been entered, and will be heard along with the first. Overall, the petitions challenge Sections 4, 5, 6, and 7 of the Act, claiming that they also contradict the Constitution of India. This case is still pending a decision.
Under section 6 of Transgender Persons (Protection of Rights) Act, a trans person may apply to be issued a certificate of identity that certifies that they are transgender (denoted as "Transgender"). Upon receiving this certificate, the applicants have the right to be recorded as transgender in all official documents.
Under section 6 of Transgender Persons (Protection of Rights) Act, a trans person may apply to be issued a certificate of identity that certifies that they are transgender (denoted as "Transgender"). Upon receiving this certificate, the applicants have the right to be recorded as transgender in all official documents.
Gender-affirming care in Andaman and Nicobar Islands is legal.
Current status
Since Nov 26, 2019
Legal
The Transgender Persons Act, 2019 mandates that the government ensures medical facilities provide care to transgender persons (including for gender-affirmative procedures) and review medical curricula to address the health needs of transgender persons.
Restricted
In 1986, India legalized sterilization, which de facto meant legalizing sex reassignment surgery, however, medical records regarding transsexualism had to be obtained abroad.
Until 1986
Banned
Medical transition is not possible
Legal recognition of non-binary gender in Andaman and Nicobar Islands is recognized.
Current status
Since Apr 15, 2014
Recognized
India's Supreme Court has ruled to recognize a third gender commonly known as hijra. Indian passports display this with the descriptor "O" (other), with other identification documents also availble with "T" (transgender) and "TG" (third gender).
LGBT discrimination in Andaman and Nicobar Islands is illegal in some contexts.
Current status
Illegal in some contexts
In some contexts discrimination is illegal, while in others it’s not.
LGBT employment discrimination in Andaman and Nicobar Islands is gender identity only.
Current status
Since Jan 2020
Gender identity only
In India, there is only protections in employment for gender identity.
LGBT housing discrimination in Andaman and Nicobar Islands is gender identity only.
Current status
Since Jan 1, 2020
Gender identity only
For housing discrimination laws, there are only discrimination protections for a persons gender identity.
Same-sex adoption in Andaman and Nicobar Islands is single only.
Current status
Single only
Same-sex couples are not permitted to adopt a child in India but single LGBTQ parents are.
Intersex infant surgery in Andaman and Nicobar Islands is varies by region.
Current status
Since Apr 22, 2019
Varies by Region
Surgery on intersex infants is only banned (excluding life-saving situations) in the state of Tamil-Nadu.
Serving openly in military in Andaman and Nicobar Islands is illegal.
Current status
Illegal
Although homosexuality and gender transition are legal in India, LGBT personnel are not permitted in the military.
Blood donations by MSMs in Andaman and Nicobar Islands is banned (indefinite deferral).
Current status
Since 2017
Banned (indefinite deferral)
Court decision pending.
Conversion therapy in Andaman and Nicobar Islands is varies by region.
Current status
Since Jan 1, 2022
Varies by Region
Conversion therapy is not explicitly prohibited by national law, but medical doctors regulated by the National Medical Council are barred from engaging in them. However, in one region, Tamil Nadu, conversion therapy is explicitly banned by a High Court order.
Ambiguous
Since August 2022, the National Medical Council is prohibited from performing conversion therapy's. However, even though they aren't allowed to be performed, it does not mean they are banned.
Equal age of consent in Andaman and Nicobar Islands is equal.
Current status
Since Sep 6, 2018
Equal
The age of consent is equal since decriminalization. In the Supreme Court case of Navtej Singh Johar v. Union of India, a five-judge Constitutional Bench overturned the Supreme Court's decision in Suresh Kumar Koushal v. Naz Foundation and decriminalized homosexuality by striking down the provisions of Section 377 of the Indian Penal Code that deemed sexual acts between consenting adults as criminal.
Legal Rights
65 / 100
This region's Equality Index is based on legal rights alone. Please submit survey results that show the public opinion of LGBTQ+ issues in Andaman and Nicobar Islands to help improve its accuracy.
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