What is Same Sex Marriage in India? Full Details Explain

Same sex marriage: an officially recognised relationship between two men or two women. As with any other marriage it has legal rights including co habitation, rights to property, inheritance, adoption of children and all other benefits that the law gives to spouses. As of 2026, about 38 countries have laws that allow same-sex marriage. It is not recognized by any law in India however.

For marriage in India, personal laws are applicable, the Hindu Marriage Act, 1955, the Muslim Personal Law (Shariat) Application Act, 1937, the Indian Christian Marriage Act, 1872, the Special Marriage Act, 1954, and others. Currently, none of these laws contains or recognizes same sex marriages.

• Taiwan became the first Asian country to legalise same-sex marriage in 2019.
• Thailand became the first Southeast Asian country to legalise same-sex marriage in 2025.
• In India, the Supreme Court declined to legalise same-sex marriage in a 3:2 verdict delivered on 17 October 2023.
• Section 377 of the Indian Penal Code (IPC), which criminalised homosexuality, was struck down by the Supreme Court in 2018.
• As of 2026, India does not have a civil union law or marriage law for same-sex couples.

History of Same Sex Marriage Debate in India

Here’s a short and clean version:

1. 1860 – Section 377: British-era law criminalised homosexuality under “unnatural offences.”
2. 1977 – Shakuntala Devi’s Book: The World of Homosexuals promoted legal recognition and social acceptance of LGBTQ+ people.
3. 1990s – LGBTQ+ Activism: Groups like Naz Foundation (1994) emerged and later led legal challenges against Section 377.
4. 1999 – First Pride Parade: India’s first Pride march was held in Kolkata.
5. 2009 – Delhi High Court Verdict: In Naz Foundation v. Govt. of NCT Delhi, Section 377 was read down, decriminalising consensual same-sex relations.
6. 2013 – Supreme Court Reversal: In Suresh Kumar Koushal v. Naz Foundation, the Supreme Court restored Section 377.
7. 2014 – NALSA Judgment: Supreme Court recognised transgender persons as the “third gender.”
8. 2018 – Navtej Johar Case: Supreme Court struck down Section 377 for consensual same-sex relations, decriminalising homosexuality.
9. 2022 – Same-Sex Marriage Petitions: Multiple petitions seeking legal recognition of same-sex marriage were filed in the Supreme Court.
10. 2023 – Final Verdict: In Supriyo Chakraborty v. Union of India, the Supreme Court refused to legalise same-sex marriage in a 3:2 judgment on 17 October 2023.

The 2023 Supreme Court Verdict: Detailed Analysis

This is the most important and most frequently misreported section. Let us break it down accurately.

The Bench Composition

1. CJI D.Y. Chandrachud

Presided over the bench. Wrote a dissenting opinion favouring recognition of queer unions under the Special Marriage Act. DISSENT (Minority)

2. Justice S.K. Kaul

Penned a separate dissenting judgment. Supported recognising civil unions for same sex couples. DISSENT (Minority)

3. Justice S. Ravindra Bhat

Delivered the majority opinion (on behalf of himself and Justice Hima Kohli). Against recognising same sex marriage. MAJORITY

4. Justice Hima Kohli

Concurred with Justice Bhat's majority opinion against recognition. MAJORITY

5. Justice P.S. Narasimha

Wrote a separate concurring opinion agreeing with Justice Bhat. The right to marry is statutory, not constitutional. MAJORITY

Legal Status of Same Sex Marriage in India (2026)

As of 2026, same sex marriage is not legally recognised in India under any personal or civil law. The table below summarises the rights situation:

Constitutional Provisions Involved

The debate on same sex marriage touches several fundamental constitutional provisions:

Key Constitutional Articles in the Debate

GS-II Relevance Constitution, Rights, Governance

1. Article 14 - Right to Equality before the law; denying marriage rights to same sex couples raises equality concerns

2. Article 15 - Prohibition of discrimination on grounds of sex; sexual orientation may be read into "sex"

3. Article 19(1)(a) -  Freedom of expression, which includes right to identity

4. Article 21- Right to life and personal liberty, interpreted to include right to dignity, privacy (K.S. Puttaswamy, 2017), and autonomy

5. Article 25 - Freedom of religion; raised by opponents arguing marriage is a religious institution

6. Article 32 - Right to constitutional remedies; the petitions were filed directly in the Supreme Court under this Article

Rights and Challenges Faced by LGBTQ+ Couples in India

Legal Challenges

Because same sex marriage is not recognised, LGBTQ+ couples face a wide range of legal challenges in daily life:

Key Legal Gaps for Same Sex Couples

• No legal recognition as a couple under any Indian law
• Cannot jointly adopt a child (only single individuals can adopt)
• No automatic inheritance if a partner dies - property goes to biological relatives
• Cannot be listed as a spouse in insurance policies or pension forms
• Not recognised as next-of-kin in hospitals - cannot make medical decisions for a partner
• No access to spousal visa or joint immigration applications
• Cannot jointly own property in the same way as married couples

Future of Same Sex Marriage in India

1. Parliament to act

The Supreme Court was unequivocal – the ball now lies in Parliament’s court. Only elected legislators can amend the Special Marriage Act or pass a new law recognising same sex unions. As of 2026, no major political party in India has voiced support for same sex marriage. The ruling party has opposed it, the opposition has been largely silent.

2. High Level Committee on LGBTQIA+ Rights

The Supreme Court has directed the Union Government to constitute a high-level committee to examine the rights that can be conferred on same-sex couples, such as opening joint bank accounts, insurance nominations and hospital visitation rights, without calling it “marriage”. The status of the report of this committee is not yet publicly available as of May 2026. 

3. The Public Opinion on the Move

Urban and younger Indians are far more receptive to LGBTQ+ rights than older and rural Indians. As this generation becomes politically active, parliamentary opinion may change. Pride parades in Delhi, Mumbai, Bengaluru, Chennai, Hyderabad and Kolkata now see thousands of participants every year.

4. Legal Route Available

The 2023 verdict was not definitive in the absolute sense. Petitioners may come back to the court with new arguments, or Parliament’s inaction can be challenged in the future. The dissenting opinions by CJI Chandrachud and Justice Kaul provide a strong constitutional basis for future petitions. 

5. International Pressure and India's Global Image

With approximately 38 countries now having legalised same sex marriage and global human rights norms evolving, there is increasing international scrutiny on India's legal framework. India's aspiration to be a leading global democracy may increasingly require addressing this gap.

Conclusion

Same sex marriage in India remains an important legal, constitutional, and social issue. The debate involves equality, law, democratic values, and human dignity. While same sex marriage is not currently legal in India, discussions around rights, recognition, and legal reform continue. Understanding this topic helps readers better understand modern constitutional debates and the changing conversation around LGBTQ+ rights in India.

FAQ’s

Q1. Is same sex marriage legal in India?

No. At present, same sex marriage is not legally recognized in India.

Q2. What did the Supreme Court say about same sex marriage in India?

The Supreme Court did not legalize same sex marriage and said major changes in marriage law should come mainly through Parliament.

Q3. Which constitutional articles are linked to same sex marriage?

The debate often involves Article 14 (Equality), Article 15 (Non-discrimination), and Article 21 (Right to Life and Personal Liberty).

Q4. Can same sex couples adopt children in India?

Adoption rights remain legally complex and depend on existing laws and regulations.

Q5. What is the future of same sex marriage in India?

The future debate may continue through legal discussion, legislative action, and changing social views.