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Public Opinion

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History

Homosexual activity in Andaman and Nicobar Islands

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Homosexual activity in Andaman and Nicobar Islands is legal.

Current status
Since Sep 6, 2018
Legal under federal India law
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 a crime.
Details
Sources:
www.bbc.com/news/world-asia…
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Same-sex marriage in Andaman and Nicobar Islands

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Same-sex marriage in Andaman and Nicobar Islands is unregistered cohabitation.

Current status
Since Oct 17, 2023
Unregistered cohabitation under federal India law
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.
Details
Sources:
Supriyo @ Supriya Chakraborty v. Union of India (2023) 2023 INSC 920 (Supreme Court of India) [web.archive.org/web/2023101…
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Jun 12, 2020–Oct 16, 2023
Unregistered cohabitation under federal India law
The Uttarakhand High Court acknowledged that cohabitation and "live-in relationships" are protected by law.
Details
Sources:
theprint.in/judiciary/cant-…
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Censorship of LGBT issues in Andaman and Nicobar Islands

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Censorship of LGBT issues in Andaman and Nicobar Islands is no censorship.

Current status
No censorship under federal India law
In India, there are no laws restricting the discussion or promotion of LGBTQIA topics.
Details
Sources:
www.state.gov/reports/2023-… - Section 6.7, Paragraph 14
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Right to change legal gender in Andaman and Nicobar Islands

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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 under federal India law
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.
Details
Sources:
www.indiacode.nic.in/handle…
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Gender-affirming care in Andaman and Nicobar Islands

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Gender-affirming care in Andaman and Nicobar Islands is unknown.

Current status
Unknown

Legal recognition of non-binary gender in Andaman and Nicobar Islands

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Legal recognition of non-binary gender in Andaman and Nicobar Islands is unknown.

Current status
Unknown

LGBT discrimination in Andaman and Nicobar Islands

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LGBT discrimination in Andaman and Nicobar Islands is unknown.

Current status
Unknown

LGBT employment discrimination in Andaman and Nicobar Islands

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LGBT employment discrimination in Andaman and Nicobar Islands is unknown.

Current status
Unknown

LGBT housing discrimination in Andaman and Nicobar Islands

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LGBT housing discrimination in Andaman and Nicobar Islands is unknown.

Current status
Unknown

Same-sex adoption in Andaman and Nicobar Islands

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Same-sex adoption in Andaman and Nicobar Islands is single only.

Current status
Single only under federal India law
Same-sex couples are not permitted to adopt a child in India but single LGBTQ parents are.
Details
Sources:
travel.state.gov/content/tr…
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Intersex infant surgery in Andaman and Nicobar Islands

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Intersex infant surgery in Andaman and Nicobar Islands is not banned.

Current status
Since Apr 22, 2019
Not banned
Andaman and the Nicobar Islands are yet to ban intersex infant surgery however throughout India pressure to ban these surgeries has mounted in recent years.
Details
Sources:
www.hrw.org/news/2021/01/14…
www.thehindu.com/sci-tech/h…
360info.org/intersex-childr…
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Until Apr 22, 2019
Not banned under federal India law
Before Tamil Nadu's ban, no Indian states had passed bans on intersex infant surgery.
Details
Sources:
www.hrw.org/news/2019/04/29…
www.hrw.org/news/2019/08/29…
www.onmanorama.com/news/ind…
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Serving openly in military in Andaman and Nicobar Islands

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Serving openly in military in Andaman and Nicobar Islands is illegal.

Current status
Illegal under federal India law
Although homosexuality and gender transition are legal in India, LGBT personnel are not permitted in the military.
Details
Sources:
www.outlookindia.com/amp/st…
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Blood donations by MSMs in Andaman and Nicobar Islands

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Blood donations by MSMs in Andaman and Nicobar Islands is unknown.

Current status
Unknown

Conversion therapy in Andaman and Nicobar Islands

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Conversion therapy in Andaman and Nicobar Islands is not banned.

Current status
Not banned
Conversion therapy is legal in the Andaman and Nicobar Islands.
Details
Sources:
www.masalathai.com/amp/stor…
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Equal age of consent in Andaman and Nicobar Islands

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Equal age of consent in Andaman and Nicobar Islands is equal.

Current status
Since Sep 6, 2018
Equal under federal India law
The age of consent has been 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.
Details
Sources:
Navtej Singh Johar v. Union of India (2018) 2018 INSC 790 (Supreme Court of India) [web.archive.org/web/2020070…
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Equality Index ?
59 / 100
Legal Rights
59 / 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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Common queries:
  • Is it illegal to be gay in Andaman and Nicobar Islands?
  • Is homosexuality legal in Andaman and Nicobar Islands?
  • Is gay marriage legal in Andaman and Nicobar Islands?

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