LGBTQ rights in Goa
LGBTQ rights in Goa | |
|---|---|
| Legal status | Legal since 2018 |
| Gender identity | Third gender recognised; transgender people may change legal gender (with restrictions) |
| Discrimination protections | Gender identity protected under federal law (Transgender Persons Act); no state-level protections for sexual orientation |
| Family rights | |
| Recognition of relationships | No recognition of same-sex relationships (cohabitation protected) |
| Restrictions | Defined as opposite-sex under Goa Civil Code |
| Adoption | No |
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) rights in Goa are governed primarily by federal Indian law, such as the 2018 decriminalisation of same‐sex activity (Navtej Singh Johar v. Union of India ) and the 2014 legal recognition of transgender identity (NALSA v. Union of India ), while state-level protections remain limited. Despite this, Goa is portrayed in the media as one of India’s more tolerant regions for LGBTQ people.[1] [2]
Historical context
[edit ]The Goa Inquisition in the 16th century criminalised same-sex activity in then Goa with death penalty.[3] The first person to be criminalised under it was a Muslim man in 1528. The judiciary of Goa ruled him to be burned to ashes and his properties be confiscated to the Crown. Another notable person to be criminalised was a 16 year old Portuguese army soldier Alberto Homem. He was also burnt alive and his properties confiscated.[4]
Though gay activity was criminalised under sodomy law, whether lesbian activity (sodomia foeminarum) can be criminalised became ambiguous. In 1644, the Tribunal of Goa sought clarification reharding this from the General Council of the Holy Office. The majority concluded that female same-sex acts generally did not constitute sodomy and other sexual acts between women were considered as sexual immorality rather than the crime of sodomy.[5]
The Constitutions of the Archbishopric of Goa (1568) classified same-sex activity as a serious sin. It states if the person who committed it is a clergyman, then he shall be deposed of his office and be placed in a religious institution for lifelong penance. And if he is a layman, he would be excommunicated from the Church until he repents and performed whatever penance the Church required.[6]
In 1989, Dominic D’Souza was forcibly quarantined under Goa’s Public Health Act after testing HIV-positive. His legal fight became the first documented case of HIV rights activism in Goa. Although D'Souza never claimed to be gay, gay rights activists across India then used his cause to promote queer activism.[7]
In January 2015, Sports and Youth Affairs Minister Ramesh Tawadkar proposed setting up treatment centres to "cure" LGBT youth, drawing severe criticism nationwide.[8] [9] The Chief Minister at the time, Laxmikant Parsekar, later clarified that homosexuality was a "natural quality" and distanced the government from Tawadkar’s comments.[10]
In 2023, following the Supreme Court’s decision not to legalise same-sex marriage, Indian activists based in Goa urged the state government to take legislative steps but no bills have yet been introduced.[11] In 2025, the Goa government formed the Model Transgender Welfare Board under the provisons of Transgender Persons (Protection of Rights) Act, 2019 to facilitate welfare schemes for transgenders.[12]
Recognition of relationships
[edit ]Goa applies the Goa Civil Code, which defines marriage as between a man and a woman. There is no legal recognition for same-sex marriages or civil unions. However, in 2023, the Supreme Court noted that same-sex couples have the right to cohabit and enjoy some protections under law.[13]
Discrimination protections
[edit ]There are currently no state-level anti-discrimination laws protecting sexual orientation or gender identity in Goa. Federal law under the Transgender Persons Act prohibits discrimination based on gender identity, but not sexual orientation.[13]
Demographics
[edit ]According to the Humsaath Trust Goa in 2013, there are more than 10,000 people belonging to the LGBT community in Goa, with around 4,500 registered with the Trust.[14] According to the 2011 census, there are 398 transgenders in Goa.[15] However, as of 2024, only 12 transgenders were registered in the electoral rolls[16] with the first set of transgenders registered to the electoral roll in 2022.[17]
Societal attitudes
[edit ]According to a 2018 study by the Goa Livelihoods Forum, 63% of LGBTQ individuals reported workplace verbal abuse, and 87% of transgender respondents dropped out of school due to harassment.[18]
However, Goa is perceived as more tolerant than many other Indian states, especially in tourist areas, with many LGBTQ individuals reporting neutral to positive experiences compared to other states of India.[1] There has also been an increase in the number of gay marriages performed in the State, although these ceremonies have no legal validity.[19]
Activism and community
[edit ]- The Goa Rainbow Trust, established in 2018, provides mental health support, advocacy, and community outreach.[20]
- Rainbow Pride- Pride De Goa walks have been held in Panaji from 2017 to 2019.[21]
- The Humsaath Trust, as of 2023, supports over 10,000 LGBTQ individuals in the state and has advocated for legal protections and employment rights.[11]
See also
[edit ]- LGBT rights in India
- LGBT rights in Tamil Nadu
- LGBTQ rights in Karnataka
- LGBTQ rights in Gujarat
- Recognition of same-sex unions in India
References
[edit ]- ^ a b Doctor, Vikram (2022年08月28日). "A history of how Goa overcame prejudice to open its arms to the queer community". Scroll.in. Retrieved 2025年07月16日.
- ^ Gama, Danuska Da (2025年07月03日). "Goa's queer scene is growing deeper roots". Goa Travel News on Gomantak Times. Retrieved 2025年07月16日.
- ^ "'Xavier was aware of the brutality of the Inquisition'". Deccan Herald. Retrieved 2026年06月05日.
- ^ John Marshal, J. M. (October 2022). "Homosexuality in the Early Modern Goa: Carmelite & Protestant Perspectives" (PDF). NCCI Review. Archived (PDF) from the original on 2026年06月07日. Retrieved 2026年06月07日.
- ^ Silva, Ronaldo Manoel (2018). "Clara Fernandes, uma lésbica perante o Tribunal da Inquisição (1555-1560)". Revista Estudos Feministas (in Portuguese). 26: e48787. doi:10.1590/1806-9584-2018v26n348787. ISSN 0104-026X.
{{cite journal}}: CS1 maint: article number as page number (link) - ^ Rocha, Cássio (2021年01月01日). "UM IMPÉRIO TRANSVIADO EM SODOMA: UMA GENEALOGIA QUEER DA SODOMIA E DO SODOMITA NO IMPÉRIO PORTUGUÊS -SÉCULOS XVI-XVIII". Tese de doutorado defendida no Programa de Pós-graduação em História da UFMG: 194, 195.
- ^ "40 years after AIDS, remembering Dominic D'Souza, the first Indian diagnosed with HIV infection". 27 May 2021.
- ^ Bhalla, Nita (2015年01月13日). "Goa slams plan for centres to make LGBT youths "normal"". Reuters. Retrieved 2025年07月16日.
- ^ "Goa CM calls homosexuality 'natural quality'". Times of India. 14 January 2015.
- ^ Video | 'Homosexuality a Natural Gift': Goa Chief Minister's Counter to Minister's Gaffe . Retrieved 2025年07月16日 – via www.ndtv.com.
- ^ a b "Goa trust speaks up for rights of state's 10,000-strong LGBT community". Business Standard. Retrieved 16 July 2025.
- ^ nt (2025年05月07日). "Govt forms transgender welfare board to safeguard rights". The Navhind Times. Retrieved 2026年06月04日.
- ^ a b "LGBT Rights in Goa" . Retrieved 30 July 2024.
- ^ "Goa trust speaks up for rights of state's 10,000-strong LGBT community". www.business-standard.com. Archived from the original on 2026年03月14日. Retrieved 2026年06月04日.
- ^ "State/UT wise Population of Others(TG) as per Census 2011 | Department of Social Justice and Empowerment - Government of India". socialjustice.gov.in. Retrieved 2026年06月04日.
- ^ "Goa's transgender community makes inclusive strides, votes as third gender – 8 May 2024 | O Heraldo". 2024年05月08日. Retrieved 2026年06月04日.
- ^ Upadhyay, Pankaj (2022年02月05日). "We just want recognition, respect: Goa's transgender voters on what it means to vote for the first time". India Today. Retrieved 2026年06月04日.
- ^ "Not a rainbow story for LGBTQ community in Goa". The Hindu. 10 November 2018.
- ^ "Gay marriages on the rise in Goa". News18. Retrieved 2025年07月16日.
- ^ "Goa's LGBTQ community gets its own trust". The Times of India. 2018年11月25日. ISSN 0971-8257 . Retrieved 2025年07月16日.
- ^ "A walk to remember for the LGBT community". The Times of India. 2017年10月29日. ISSN 0971-8257 . Retrieved 2025年07月16日.