LGBTQ rights in Karnataka
LGBTQ rights in Karnataka | |
---|---|
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Legal status | Legal since 2018 |
Gender identity | Third gender recognised; allowed to update gender on birth/death certificates per Karnataka HC |
Discrimination protections | Gender identity protected under federal law; Karnataka allows 1 % reservation in public jobs for transgender persons |
Family rights | |
Recognition of relationships | No recognition of same‑sex relationships |
Restrictions | Defined as opposite‑sex only |
Adoption | No |
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) rights in Karnataka are governed by federal Indian law—including Navtej Singh Johar v. Union of India (2018) and the Transgender Persons (Protection of Rights) Act (2019)—augmented by state-level policies and judicial rulings supporting transgender inclusion.
History
Historical evidence from Karnataka reflects a nuanced understanding of gender and sexuality. Temples built by the Hoysalas at Belur, Halebidu, and Somanathapura (12th–13th century) contain sculptures depicting non-normative sexual expressions and fluid depictions of gender roles. These have been interpreted as cultural acknowledgment of diverse sexualities.[1]
The 12th-century Virashaiva movement in Karnataka produced mystic poets like Akkamahadevi, who rejected traditional gender roles and described spiritual union with Lord Shiva in terms that defied binary gender identities.[2] In regional performance traditions like Yakshagana, male artists historically took on female roles in elaborate costume and makeup. Though not necessarily linked to sexuality, these roles challenged normative gender binaries in public rituals.[3] Jaimini Bharata, a 16th-century Kannada literary work written by poet Lakshmisha. It is a retelling of the Mahabharata, focusing on the story of Arjuna's son, Babhruvahana. The text includes episodes and characters that resonate with modern understandings of gender fluidity. One notable character is Shikhandi, who is born as a woman (previously Amba) and later transforms into a man to fulfill a vow of vengeance. Though rooted in mythological tradition, Shikhandi's narrative has been interpreted in contemporary scholarship as reflecting themes of gender transition and non-binary identity.[4][5]
Under British colonial rule, LGBTQ+ identities were legally and socially repressed. Section 377 of the Indian Penal Code (1861) criminalized homosexual acts as “against the order of nature.” This law was enforced across the Madras Presidency, which included parts of modern Karnataka.[6] The Criminal Tribes Act of 1871 labeled many gender-nonconforming communities such as the Hijra as "criminals by birth", subjecting them to systemic policing and stigma.[7]
Legal reforms & policy
Karnataka introduced a 1 % horizontal reservation in public-sector jobs for transgender persons in July 2021, making it the first Indian state to do so.[8] The Karnataka State Transgender Policy (2017) outlined measures on welfare, healthcare, education, housing, and anti-discrimination; however, years later it remains largely unimplemented.[9]
In December 2024, the Karnataka High Court ruled that transgender persons may amend their birth and death certificates to reflect both previous and current gender/name, based on certificates issued under the 2019 Act—even without legislative amendments to the old 1969 law.[10][11]
In Ms. X vs State of Karnataka (2024), the Karnataka HC made clear that official documents can and must be updated based on certificates issued under Sections 6 and 7 of the 2019 Act, even when the Registration of Births/Deaths Act (1969) does not allow it—reinforcing supremacy of special law. Higher authorities were directed to propose legislative amendments aligning the two laws.[12][13]
Recognition of relationships
Karnataka has not recognized same‑sex marriages, civil unions, or partnerships, and existing marriage laws remain heterosexual by default. In June 2023, the Karnataka High Court extended legal protection to a same-sex interfaith couple threatened by their families. While the court did not legally recognize gay marriage or partnerships, it affirmed that the couple deserves police protection and freedom to live together without harassment.[14]
The Halakki Vokkaliga, an indigenous community from the Uttara Kannada district, have upheld a tradition of ceremonial same-sex marriages between women for so long that present-day members no longer recall its origins. One such ceremony, known in Kannada as daḍḍuve maduve, is conducted annually to honour Indra and to pray for rainfall that is neither excessive nor insufficient. The event features a wedding procession and rituals, with both brides dressed in saris, receiving blessings and gifts like in any other wedding. A recent instance of daḍḍuve maduve took place in 2022 at a Hindu temple dedicated to Ganesha, a deity held in special reverence by the Halakki Vokkaliga.[15][16]
Societal attitudes
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Bengaluru is widely regarded as relatively LGBTQ‑inclusive, hosting annual pride marches since 2008—such as the Namma Pride and Karnataka Queer Habba—and established queer social initiatives like the Bangalore Queer Film Festival and support organizations including Sangama and Good As You.[17][18][19]
However, research and community reports indicate that LGBTQ individuals—especially outside of Bengaluru and other urban centers—continue to face social stigma, harassment, mental health challenges, and barriers to accessing welfare and inclusive services.[20][21]
Activism and community
- Sangama, founded in 1999, has led legal advocacy efforts—including petitions that spurred the 1 % job reservation.[22]
- Good As You Bangalore is among Southern India’s earliest community‑based LGBTQ support groups.
- Queer Campus Bangalore is a support group for lgbtq youth in Bangalore in school, colleges and universities.
See also
References
- ^ "Queer Imagery in Indian Temple Art". The Wire. 2 October 2022. Retrieved 2025-07-23.
- ^ "Religious Representation in Early and Medieval South India: A Gender Perspective". LSR History Blog. 12 December 2019. Retrieved 2025-07-23.
- ^ Peterson, Indira Viswanathan (2008). Performing Pasts: Reinventing the Arts in Modern South India. Oxford University Press. ISBN 9780195697937.
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value: checksum (help) - ^ Vanita, Ruth. Gandhi's Tiger and Sita's Smile: Essays on Gender, Sexuality, and Culture. Yoda Press, 2005.
- ^ Sandhya, R. "Shikhandi and the Fluidity of Gender in the Mahabharata." In: Narratives of Gender and Identity: The Mahabharata and Indian Cultural Imaginary. Routledge India, 2020.
- ^ "The colonial roots of Section 377 and why its repeal is part of decolonisation". Scroll.in. 6 September 2018. Retrieved 2025-07-23.
- ^ "Colonial Control: The Criminal Tribes Act and its Legacy for Transgender Communities". Sahapedia. Retrieved 2025-07-23.
- ^ "Govt. notifies 1% reservation for transgender persons in jobs". The Hindu. 2021-07-06. ISSN 0971-751X. Retrieved 2025-07-23.
- ^ "4 years on, Karnataka State Transgender policy remains largely on paper". The News Minute. 28 July 2021. Retrieved 2025-07-23.
- ^ "Karnataka HC directs registrar to issue revised birth, death certificates for transgenders". Hindustan Times. 27 Dec 2024. Retrieved 2025-07-23.
- ^ "Gender modification: High Court asks state to propose changes to Act". Bangalore Mirror. 28 Dec 2024. Retrieved 2025-07-23.
- ^ "Karnataka HC rules on birth certificate amendments for transgender individuals: "State must implement the Transgender Act fully"". LatestLaws.com. 27 Dec 2024. Retrieved 2025-07-23.
- ^ "Karnataka High Court delivers justice to Indian transgender woman after years of denial". JURIST. 7 Feb 2025. Retrieved 2025-07-23.
- ^ "HC grants protection to same‑sex interfaith couple fearing threats from family". Deccan Herald. 2 June 2023. Retrieved 2025-07-23.
- ^ Kalasa, Soumya (16 August 2022). "Lesbian Wedding Is A Tradition Within This Karnataka Community; Here's Why". News18.
- ^ Chakre, Sushma (17 August 2022). "ಉತ್ತರ ಕನ್ನಡದ ಈ ಜಾತಿಯಲ್ಲಿ ಎಷ್ಟೋ ವರ್ಷಗಳಿಂದ ನಡೆಯುತ್ತಿದೆ ಸಲಿಂಗ ವಿವಾಹ; ಕಾರಣ ಗೊತ್ತಾ?". TV9 Kannada (in Kannada).
- ^ "Bengaluru has always been at the forefront of LGBTQ rights". Times of India. 7 September 2018. Retrieved 2025-07-23.
- ^ "Bangalore Queer Film Festival". The Hindu. 27 November 2022. Retrieved 2025-07-23.
- ^ "As Bengaluru marches for LGBT pride, community sheds fear and demands equal rights". The News Minute. 23 November 2015. Retrieved 2025-07-23.
- ^ "Violence and Mental Health Among Gender‑Diverse Individuals Enrolled in an HIV Program in Karnataka, South India". Transgender Health. 2018. doi:10.1089/trgh.2018.0051. PMID 31701013. Retrieved 2025-07-23.
- ^ Halli, Shiva S.; Isac, Shajy; Bhattacharjee, Parinita; Dutta, Sumit; Ramesh, B. M.; Lorway, Robert; Blanchard, James (2021). "Suicidality among gender minorities in Karnataka, South India". BMC Psychiatry. 21 (1) 25. doi:10.1186/s12888-021-03043-2. PMC 7798192. PMID 33430838.
- ^ "Following advocacy by Sangama, Karnataka amended recruitment rules to grant 1% reservation for transgender persons". Sangama. Retrieved 2025-07-23.