In recent years, India has made significant strides in recognising the rights of the LGBTQ+ community – most notably through the landmark 2018 judgment by the Supreme Court of India (SC) in Navtej Singh Johar v. Union of India, which decriminalised consensual same-sex relations. Yet when it comes to the question of whether same-sex marriage is legal in India today, the answer remains: no, not fully – at least not yet.
Legal Status
Currently, Indian marriage laws such as the Special Marriage Act, 1954 (SMA) and personal laws broadly refer to marriage between a man and a woman. The legal framework therefore does not recognise marriages between same-sex couples under existing legislation.
In the October 2023 judgment of Supriyo v. Union of India, the Supreme Court ruled that legalising same-sex marriage is a matter for Parliament and not simply for the courts to create by interpretation. The court did, however, direct the government to consider granting certain legal and social benefits to same-sex couples.
What That Means in Practical Terms
- Same-sex couples can live together, and many courts have accepted that cohabitation of such couples is permissible under the constitution (for example as part of the “family unit” under Article 21).
- But they cannot register their marriage under the SMA or other recognised marriage laws, and therefore they are deprived of many of the legal rights and protections that heterosexual married couples enjoy (inheritance, marriage certificate, adoption rights, next-of-kin status, etc.).
- There is a pending push for legislative reform. For example the Special Marriage (Amendment) Bill, 2022 was introduced in Parliament as a private member’s bill seeking to extend marriage rights to same-sex couples.
- Socially and culturally, there is still significant stigma and opposing viewpoints, which means that even if the law permitted same-sex marriage, acceptance at the community and family level remains a challenge.
Why the Court Declined Legal Recognition
The Supreme Court in Supriyo held that marriage laws involve complex legislative policy decisions – including issues of adoption rights, succession, family law, maintenance, and many more. The Court said that it would be overstepping its role to rewrite those laws; that is for the legislature. The Court nonetheless reaffirmed constitutional protections against discrimination on the basis of sexual orientation, and made clear that same-sex couples have dignity and rights.
Outlook & What to Watch
- The government may propose amendments to the SMA or introduce new legislation recognising civil unions or marriages of same-sex couples.
- Continued litigation may challenge specific discrimination (for example in tax law, inheritance, adoption) even absent full marriage recognition.
- Social attitudes are shifting, especially among younger Indians – but real change often runs ahead of the law.
- If Parliament acts, we could see the legal status change. If it does not, same-sex couples may remain in a legal limbo – recognised socially in some ways but not under formal marriage law.
Conclusion
While India has advanced significantly in terms of LGBTQ+ rights, same-sex marriage is not yet legally recognised under Indian law. The Supreme Court has made that clear and assigned the responsibility to Parliament. For same-sex couples, this means living with partial rights and protections but lacking full legal status as married partners. Change might come, but it is not automatic – the law still needs to catch up.