LGBTQ+ Rights and Legal Protection in Asansol

Following the Supreme Court's 2018 judgment in Navtej Singh Johar, consensual same-sex relations between adults are no longer an offence. LGBTQ+ persons in Asansol have the same constitutional protections against discrimination in public employment and services, and can seek police protection against harassment and extortion. Marriage and adoption rights remain restricted.

Key facts at a glance

Step-by-step procedure

1. Step 1: For harassment or extortion, file a written police complaint at the local station and keep the acknowledgement.
2. Step 2: For violence or threats, seek protection and also report under the relevant penal provisions including extortion and assault.
3. Step 3: For discrimination in public employment or service, file a written representation with the authority and then a complaint with the appropriate commission.
4. Step 4: Where the authority fails to act, file a writ petition before the Calcutta High Court seeking protection.
5. Step 5: For partnership and property matters, execute nomination and will documents to protect the partner.
6. Step 6: Seek free legal aid from the District Legal Services Authority where needed.

Documents you need

• Written complaint with facts and dates
• Evidence of harassment — messages, recordings, photographs
• Identity proof and address proof
• Medical records where violence occurred
• Details of the workplace or institution where discrimination occurred
• Any prior police complaint and its acknowledgement

Common mistakes to avoid

• Not documenting harassment, which makes a police complaint weak.
• Assuming same-sex marriage is legally recognised — it is not, so inheritance needs a will.
• Avoiding the police for fear of exposure and continuing to face extortion.
• Not making a will, leaving the partner with no claim on the estate.

Where to go in Asansol

Asansol has an emerging LGBTQ+ support network with legal aid available through the District Legal Services Authority. Police complaints should be filed at the local station with a copy to the Superintendent of Police, Paschim Bardhan.

Frequently asked questions

Is homosexuality a crime in India now?

No. In Navtej Singh Johar v. Union of India (2018) the Supreme Court read down Section 377 of the IPC to decriminalise consensual sexual relations between adults, and later judgments affirmed equal rights.

Can an LGBTQ+ person in Asansol file a police complaint about harassment?

Yes. Harassment, assault, extortion and blackmail are offences regardless of sexual orientation. A written complaint at the local police station must be registered and investigated.

Is same-sex marriage legal in India?

No. The Supreme Court in Supriyo v. Union of India (2023) declined to legalise same-sex marriage. Partners therefore need wills, nominations and agreements to protect each other's interests.

What protections exist for LGBTQ+ employees in Asansol workplaces?

Constitutional protections under Articles 14 and 15 apply to public employment, and several High Courts have read the Transgender Persons Act protections into workplace rules. Complaints can go to the employer's internal committee and the appropriate commission.