Same-Sex Marriage in India

Same-sex marriage is one of the most discussed topics in modern law and society. Around the world, many countries now legally recognise marriages between two people of the same gender. In India, the conversation has gained huge momentum in the last decade, especially after the Supreme Court decriminalised homosexuality in 2018.

From Crime to Constitutional Right: The First Big Step

For a long time, same-sex relationships were criminalised in India under Section 377 of the Indian Penal Code, a colonial-era provision. This changed in the landmark case of:

Navtej Singh Johar v. Union of India (2018)

The Supreme Court held that:

• Consensual same-sex relationships between adults are not a crime

• LGBTQIA+ persons have the same dignity and privacy as everyone else

• Discrimination violates Article 14 (Equality) and Article 21 (Right to Life & Dignity)

This decision built on earlier progressive rulings like:

Justice K.S. Puttaswamy v. Union of India (2017)

Where the Court recognised right to privacy as a fundamental right, including privacy in intimate life.

Decriminalisation did not automatically bring marriage rights, but it opened the door for the larger conversation.

What Does Same-Sex Marriage Mean in Law?

Marriage is more than a ceremony. It gives couples:

• Legal recognition of their relationship

• Inheritance rights

• Adoption and child-related rights

• Tax and financial benefits

• Next-of-kin status in hospitals

• Social legitimacy

Without marriage recognition, same-sex couples often face practical challenges in everyday life from renting houses to banking, property transfer, and medical consent.

The Big Case on Same-Sex Marriage in India (2023)

In 2023, multiple petitions were filed before the Supreme Court asking the Court to recognise same-sex marriages under laws such as:

• Special Marriage Act, 1954

• Hindu Marriage Act, 1955

The lead case is often referred to as:

Supriyo @ Supriya Chakraborty v. Union of India (2023)

The petitioners argued that denying marriage rights violates:

• Article 14 — Equality

• Article 15 — Non-discrimination

• Article 21 — Right to Life and Dignity

They said that love and companionship are human needs, not “heterosexual privileges.”

What Did the Supreme Court Decide?

The Court delivered a split-but-clear decision:

• The Court did not legalise same-sex marriage

• It ruled that creating marriage law is the job of Parliament, not the judiciary

• The Special Marriage Act was not re-interpreted to include same-sex couples

However, the Court did recognise important rights, including:

• Same-sex couples have a right to cohabit and live with dignity

• The government must ensure no discrimination in services, housing, or employment

• Queer relationships deserve legal protection

There was also discussion about adoption rights, where the majority refused to extend joint-adoption rights to same-sex unmarried couples, a point that attracted criticism.

So, as of today:

Same-sex relationships are legal but same-sex marriages are not legally recognised in India.

What About “Public Policy”?

One argument raised by the government was that marriage in India has traditionally meant a union between a man and a woman, tied to family, religion, and social structure.

Courts have historically used “public policy” to justify restrictions but critics argue that public policy must evolve with society and constitutional morality. The idea is:

What society thinks is not always the same as what the Constitution protects.

This thinking was seen earlier in Shafin Jahan v. Asokan (2018) where the Court upheld the right to choose a partner as part of personal liberty.

Comparing with the World

Many countries such as Canada, USA, UK, Spain, France, and Taiwan legally recognise same-sex marriage. Others provide civil unions or partnership rights, giving legal protection without calling it “marriage.”

India, however, remains in a transitional phase, open to discussion but cautious in law.

Social Reality: Law Meets Life

Legal change often follows social change. Today:

• Many urban spaces are increasingly accepting

• Pride marches, LGBTQ+ collectives, and support groups are growing

• Courts recognise harassment and discrimination complaints

Yet challenges remain:

• Family pressure

• Misunderstanding and stigma

• Lack of legal safeguards

That is why discussions on same-sex marriage are not just legal debates, they are conversations about equality, dignity, and acceptance.

Is There Hope for the Future?

Absolutely. Even though the 2023 judgment stopped short of recognition, it did not close the door. It strongly encouraged the government to:

• Create a legal framework for queer relationships

• Prevent discrimination

• Consider policy reform

Change may come through Parliament, social movement, or future litigation.

Why This Issue Matters

Recognising same-sex marriage is not about redefining marriage — it is about ensuring:

• Equal protection of laws for all citizens

• Freedom of choice

• Human dignity

The Constitution promises these values. As the Court said in Navtej Johar:

“History owes an apology to the members of the LGBT community.”

Marriage recognition is the next chapter in that journey.

Conclusion

Same-sex marriage in India stands at a crucial point. While relationships are no longer criminalised, legal recognition of marriage remains pending. The debate is not simply about ceremonies or traditions, it is about whether every individual, regardless of gender or orientation, can live with dignity, security, and love under the law.

India has already taken bold constitutional steps towards equality. With growing awareness, legal progress, and societal dialogue, the future may well see marriage equality becoming a reality, not just a demand.