LucileBrownbill at 23:09, 30 March 2026

2026-03-30T23:09:00Z

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{{Short description|Overview of LGBTQ rights in the Indian state of Karnataka}}
{{Infobox LGBT rights
| location_header = Karnataka
| image = File:IN-KA.svg
| caption = [[Karnataka]]
| legal_status = Legal since 2018
| gender_identity_expression = [[Third gender]] recognised; allowed to update gender on birth/death certificates per Karnataka HC
| recognition_of_relationships = No recognition of same‑sex relationships
| recognition_of_relationships_restrictions = Defined as opposite‑sex only
| adoption = No
| military =
| discrimination_protections = Gender identity protected under federal law; Karnataka allows 1 % reservation in public jobs for transgender persons
}}

'''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)|''Navtej Singh Johar v. Union of India'' (2018)]] and the [[Transgender Persons (Protection of Rights) Act, 2019|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, Karnataka|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.<ref>{{Cite web |title=Queer Imagery in Indian Temple Art |url=https://thewire.in/lgbtqia/queer-imagery-indian-temple-art |website=The Wire |date=2 October 2022 |access-date=2025-07-23}}</ref>

The 12th-century Virashaiva movement in Karnataka produced mystic poets like [[Akka Mahadevi|Akkamahadevi]], who rejected traditional gender roles and described spiritual union with Lord Shiva in terms that defied binary gender identities.<ref>{{Cite web |title=Religious Representation in Early and Medieval South India: A Gender Perspective |url=https://lsrhistory.wordpress.com/2019/12/12/religious-representation-in-early-and-medieval-south-india-a-gender-perspective-a-guest-lecture-by-ms-gayatri-bhagwat/ |website=LSR History Blog |date=12 December 2019 |access-date=2025-07-23}}</ref> 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.<ref>{{Cite book |last=Peterson |first=Indira Viswanathan |title=Performing Pasts: Reinventing the Arts in Modern South India |publisher=Oxford University Press |year=2008 |isbn=9780195697937}}</ref> Jaimini Bharata, a 16th-century Kannada literary work written by poet [[Lakshmisa|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.<ref>Vanita, Ruth. ''Gandhi's Tiger and Sita's Smile: Essays on Gender, Sexuality, and Culture''. Yoda Press, 2005.</ref><ref>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.</ref>

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.<ref>{{Cite web |title=The colonial roots of Section 377 and why its repeal is part of decolonisation |url=https://scroll.in/article/893311/the-colonial-roots-of-section-377-and-why-its-repeal-is-part-of-decolonisation |website=Scroll.in |date=6 September 2018 |access-date=2025-07-23}}</ref> 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.<ref>{{Cite web |title=Colonial Control: The Criminal Tribes Act and its Legacy for Transgender Communities |url=https://www.sahapedia.org/colonial-control-criminal-tribes-act-and-its-legacy-transgender-communities |website=Sahapedia |access-date=2025-07-23}}</ref>

== 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.<ref>{{Cite news |last= |first= |date=2021-07-06 |title=Govt. notifies 1% reservation for transgender persons in jobs |url=https://www.thehindu.com/news/national/karnataka/govt-notifies-1-reservation-for-transgender-persons-in-jobs/article35181785.ece |access-date=2025-07-23 |work=The Hindu |language=en-IN |issn=0971-751X}}</ref> The Karnataka State Transgender Policy (2017) outlined measures on welfare, healthcare, education, housing, and anti-discrimination; however, years later it remains largely unimplemented.<ref>{{Cite web |title=4 years on, Karnataka State Transgender policy remains largely on paper |url=https://www.thenewsminute.com/karnataka/4-years-karnataka-state-transgender-policy-remains-largely-paper-153074 |website=The News Minute |date=28 July 2021 |access-date=2025-07-23}}</ref>

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.<ref>{{Cite web|title=Karnataka HC directs registrar to issue revised birth, death certificates for transgenders|url=https://www.hindustantimes.com/cities/karnataka-hc-directs-registrar-to-issue-revised-birth-death-certificates-for-transgenders-101735294522588.html |website=Hindustan Times |date=27 Dec 2024 |access-date=2025-07-23}}</ref><ref>{{Cite web |title=Gender modification: High Court asks state to propose changes to Act |url=https://bangaloremirror.indiatimes.com/bangalore/others/gender-modification-high-court-asks-state-to-propose-changes-to-act/articleshow/116721932.cms |website=Bangalore Mirror |date=28 Dec 2024 |access-date=2025-07-23}}</ref>

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.<ref>{{Cite web |title=Karnataka HC rules on birth certificate amendments for transgender individuals: "State must implement the Transgender Act fully" |url=https://www.latestlaws.com/human-rights-news/karnataka-high-court-rules-on-birth-certificate-amendments-for-transgender-individuals-state-must-implement-the-transgender-act-fully-222804 |website=LatestLaws.com |date=27 Dec 2024 |access-date=2025-07-23}}</ref><ref>{{Cite web |title=Karnataka High Court delivers justice to Indian transgender woman after years of denial |url=https://www.jurist.org/features/2025/02/07/karnataka-high-court-delivers-justice-to-transgender-woman-after-years-of-denial/ |website=JURIST |date=7 Feb 2025 |access-date=2025-07-23}}</ref>

=== Karnataka High Court petition on unequal tax treatment of same-sex partners ===
In October 2025, a same-sex couple, Anurag Kalia and Akhilesh Godi, filed a writ petition before the Karnataka High Court challenging the interpretation of Section 56(2)(x) of [[Income-tax Act, 1961|the Income Tax Act, 1961]]. The petition arose after one partner was advised that a valuable heirloom gifted by the other should be declared as taxable "income", since the statutory exemption under the fifth proviso applied only to “spouses” in heterosexual marriages.

The petitioners, represented by Dr. Dhruv Janssen-Sanghavi, contended that such exclusion violated the guarantees of equality before law and non-discrimination under Articles 14 and 15 of the Constitution of India. They sought a declaration that the word “spouse”, as used in the Income Tax Act, be interpreted in a gender-neutral and orientation-neutral manner. Alternatively, it was argued that the same tax benefit to same-sex partners in long-term, stable relationships to fulfil the guarantee of the equal protection of the laws in Article 14 of the Constitution of India.

The Karnataka High Court issued notices to the Union Government and the Income Tax Department to respond to the plea. The matter was listed for further hearing later in the year.

The final hearings of the case commenced on 10 March 2026. It has now been listed for further hearing on 25 March 2026 at 2:30pm before Justice S. Sunil Dutt Yadav. <ref>{{cite news |url=https://m.economictimes.com/news/economy/finance/same-sex-couples-again-question-uneven-tax-law/articleshow/124692825.cms?from=mdr |title=Same-sex couples again question uneven tax law |work=The Economic Times |date=20 October 2025}}</ref>

== Recognition of relationships ==
{{See also|Recognition of same-sex unions in Karnataka}}
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.<ref>{{Cite web|title=HC grants protection to same‑sex interfaith couple fearing threats from family|url=https://www.deccanherald.com/india/hc-grants-protection-to-same-sex-interfaith-couple-fearing-threats-from-family-1224302.html
|website=Deccan Herald|date=2 June 2023|access-date=2025-07-23|language=en}}</ref>

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 language|Kannada]] as {{lang|kn|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 [[sari]]s, 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.<ref>{{cite web|url=https://www.news18.com/news/buzz/lesbian-wedding-is-a-tradition-within-this-karnataka-community-heres-why-5759539.html|title=Lesbian Wedding Is A Tradition Within This Karnataka Community; Here's Why|work=News18|date=16 August 2022|last=Kalasa|first=Soumya}}</ref><ref>{{cite web|url=https://tv9kannada.com/karnataka/uttara-kannada/viral-news-lesbian-wedding-is-a-tradition-in-this-uttara-kannada-halakki-okkaliga-community-here-is-why-sct-au49-429330.html|title=ಉತ್ತರ ಕನ್ನಡದ ಈ ಜಾತಿಯಲ್ಲಿ ಎಷ್ಟೋ ವರ್ಷಗಳಿಂದ ನಡೆಯುತ್ತಿದೆ ಸಲಿಂಗ ವಿವಾಹ; ಕಾರಣ ಗೊತ್ತಾ?|work=TV9 Kannada|date=17 August 2022|last=Chakre|first=Sushma|language=kn}}</ref>

== Societal attitudes ==
[[File:Bangalore Gay Pride Parade (37).jpg|thumb|[[Bengaluru Namma Pride March]] at [[Bangalore Town Hall|Sir Puttannachetty Town Hall]]]]
Bengaluru is widely regarded as relatively LGBTQ‑inclusive, hosting annual pride marches since 2008—such as the [[Bengaluru Namma Pride March|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.<ref>{{Cite web
|title=Bengaluru has always been at the forefront of LGBTQ rights |url=https://timesofindia.indiatimes.com/city/bengaluru/bengaluru-has-always-been-at-the-forefront-of-lgbtq-rights/articleshow/65713951.cms|website=Times of India|date=7 September 2018|access-date=2025-07-23 |language=en}}</ref><ref>{{Cite web|title=Bangalore Queer Film Festival|url=https://timesofindia.indiatimes.com/city/bengaluru/pride-march-marks-15-years-in-the-city/articleshow/66192288.cms |website=The Hindu|date=27 November 2022|access-date=2025-07-23 |language=en}}</ref><ref>{{Cite web |title=As Bengaluru marches for LGBT pride, community sheds fear and demands equal rights|url=https://www.thenewsminute.com/karnataka/bengaluru-marches-lgbt-pride-community-sheds-fear-and-demands-equal-rights-36221|website=The News Minute|date=23 November 2015|access-date=2025-07-23|language=en}}</ref>

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.<ref>{{Cite journal |title=Violence and Mental Health Among Gender‑Diverse Individuals Enrolled in an HIV Program in Karnataka, South India|url=https://www.liebertpub.com/doi/full/10.1089/trgh.2018.0051|website=Transgender Health |date=2018 |doi=10.1089/trgh.2018.0051 |pmid=31701013 |access-date=2025-07-23|language=en|pmc=6837158}}</ref><ref>{{Cite journal |last1=Halli |first1=Shiva S. |last2=Isac |first2=Shajy |last3=Bhattacharjee |first3=Parinita |last4=Dutta |first4=Sumit |last5=Ramesh |first5=B. M. |last6=Lorway |first6=Robert |last7=Blanchard |first7=James |title=Suicidality among gender minorities in Karnataka, South India|journal=BMC Psychiatry |date=2021 |volume=21 |issue=1 |article-number=25 |doi=10.1186/s12888-021-03043-2 |pmid=33430838 |pmc=7798192 |doi-access=free |language=en}}</ref>

== Activism and community ==

* [[Sangama (human rights group)|Sangama]], founded in 1999, has led legal advocacy efforts—including petitions that spurred the 1 % job reservation.<ref>{{Cite web |title=Following advocacy by Sangama, Karnataka amended recruitment rules to grant 1% reservation for transgender persons |url=https://www.sangama.org/advocacy-reservation-transgender-persons-karnataka/ |website=Sangama |access-date=2025-07-23}}</ref>
* [[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 ==

* [[LGBT rights in India]]
* [[LGBTQ rights in Kerala|LGBTQ Rights in Kerala]]
* [[LGBTQ culture in Bengaluru]]

== References ==
<references />

{{LGBTQ in India}}

[[Category:LGBTQ rights in India by state]]
[[Category:Society of Karnataka]]

LGBTQ rights in Karnataka - Revision history

LucileBrownbill at 23:09, 30 March 2026