Lesbian, gay, bisexual and transgender (LGBT) rights in Tamil Nadu are the most progressive among all states of India. Tamil Nadu was the first state in India to introduce a transgender welfare policy, wherein transgender individuals can access free gender affirmation surgery in government hospitals and various other benefits and rights. The state was also the first to ban forced sex-selective surgeries on intersex infants, and also the first state to include an amendment in its state police guidelines that expects officers to abstain from harassing the LGBTQIA+ community and its members. The state also became the first to ban conversion therapy as well as the first to introduce LGBTQIA+ issues in school curricula.
Same-sex sexual activity has been legal since 2018, following the Supreme Court ruling in Navtej Singh Johar v. Union of India. Tamil Nadu is noted as one of the most open states with regards to the LGBT community, particularly transgender people. Nevertheless, reports of discrimination, arranged opposite-sex marriages, bullying, suicides, and family rejections are common. According to an estimate from 2015, about 16,380 people in Tamil Nadu identified themselves as LGBT.
Legality of same-sex sexual activity
On 6 September 2018, the Supreme Court of India unanimously struck down Section 377 as unconstitutional, ruling that it infringed on the fundamental rights of autonomy, intimacy, and identity, thus legalising homosexuality in India, including in Tamil Nadu.
Recognition of same-sex relationships
Same-sex marriages are not recognised or performed in Tamil Nadu.
On 22 April 2019, the Madras High Court, the high court of Tamil Nadu, ruled that the term "bride" under the Hindu Marriage Act, 1955 includes trans women. Specifically, it directed the authorities to register a marriage between a man and a transgender woman.
Discrimination protections
In line with Navtej Singh Johar v. Union of India and National Legal Services Authority v. Union of India, discrimination on the basis of sexual orientation and gender identity is prohibited via Article 15 of the Constitution of India. However, this article only extends to discrimination by state or government bodies.
Adopted in 2019, the Transgender Persons (Protection of Rights) Act, 2019 bans unfair discrimination against transgender people in educational establishment and services, employment, healthcare services, access to the "use of any goods, accommodation, service, facility, benefit, privilege or opportunity dedicated to the use of the general public or customarily available to the public", the right to movement, the right to "reside, purchase, rent or otherwise occupy any property", the opportunity to stand for or hold public or private office, and in government or private establishments.
In June 2021, a single judge bench of the Madras High Court on Monday issued far-reaching guidelines aimed at mainstreaming LGBTQIA+ persons - from prohibiting attempts to "medically cure" persons belonging to the community to seeking changes in school and university curricula and recommending awareness programmes for judicial officers, police and prison officials.
Saying LGBTQIA+ persons are entitled to their privacy and "have a right to lead a dignified existence, which includes their choice of sexual orientation, gender identity, gender presentation, gender expression and choice of partner thereof", the court said, "This right and the manner of its exercise are constitutionally protected under Article 21 of the Constitution."
Transgender rights
Transgender people in Tamil Nadu are called thirunar (), specifically thirunangai (திருநங்கை; for transgender women) and thirunambi (திருநம்பி; for transgender men). The term aravaani (அரவாணி) in Tamil was widely popularised before the 1990s. Aravaani is a substitute term for hijra. Transgender Tamils are often discriminated against in jobs and daily life, forcing them to resort to begging and prostitution.
In 1994, T.N. Seshan, the Chief Election Commissioner, granted voting rights to transgender people in India. In March 2004, advocate G.R Swaminathan appeared before the Madras High Court demanding voter identity cards for transgender people in Tamil Nadu. Responding to the case, the All India Anna Dravida Munnetra Kazhagam (AIADMK) Government informed the court that only 11 transgender people in the state had come forward to register their names in the electoral roll. After recording the submission, the court directed the State Government to publicise, through the media, the right of transgender people to get enrolled as voters.