LGBT Rights in Bihar
State

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Public Opinion

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History

Homosexual activity in Bihar

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Homosexual activity in Bihar 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.
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Same-sex marriage in Bihar

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Same-sex marriage in Bihar 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.
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.
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1954–Jun 11, 2020
Banned
Since at least the "Customs/Personal Law/Special Marriage Act, 1954" marriage has been referred to as between a man and a woman. Several laws since have also done this.
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Censorship of LGBT issues in Bihar

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Censorship of LGBT issues in Bihar 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.
Sources:
www.state.gov/reports/2023-… - Section 6.7, Paragraph 14
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Right to change legal gender in Bihar

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Right to change legal gender in Bihar 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.
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Gender-affirming care in Bihar

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Gender-affirming care in Bihar is unknown.

Current status
Unknown

Legal recognition of non-binary gender in Bihar

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Legal recognition of non-binary gender in Bihar is unknown.

Current status
Unknown

LGBT discrimination in Bihar

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LGBT discrimination in Bihar is unknown.

Current status
Unknown

LGBT employment discrimination in Bihar

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LGBT employment discrimination in Bihar is unknown.

Current status
Unknown

LGBT housing discrimination in Bihar

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LGBT housing discrimination in Bihar is unknown.

Current status
Unknown

Same-sex adoption in Bihar

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Same-sex adoption in Bihar 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.
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Intersex infant surgery in Bihar

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Intersex infant surgery in Bihar is not banned.

Current status
Since Apr 22, 2019
Not banned
Bihar has yet to ban intersex infant surgery however throughout India pressure to ban these surgeries.
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.

Serving openly in military in Bihar

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Serving openly in military in Bihar 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.
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Blood donations by MSMs in Bihar

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Blood donations by MSMs in Bihar is unknown.

Current status
Unknown

Conversion therapy in Bihar

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Conversion therapy in Bihar is not banned.

Current status
Not banned
Conversion therapy is legal in Bihar.
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Equal age of consent in Bihar

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Equal age of consent in Bihar 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.
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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