Same-Sex Marriage in India – Current Legal Status, Rights & Latest Developments 2025

Where Does India Stand on Same-Sex Marriage?

Where does India stand on same-sex marriage? After Section 377 was struck down (2018), many hoped same-sex marriage would follow. In October 2023, Supreme Court delivered a split decision – not legalizing same-sex marriage but acknowledging the need for rights. Let’s understand the complete legal landscape for LGBTQ+ couples in India.

Current Legal Status (2025)

Issue	Status
Same-sex marriage	NOT legal in India
Developments	Important developments and partial recognition

Timeline of LGBTQ+ Rights in India

• 2009: Delhi High Court decriminalizes homosexuality (Section 377)
• 2013: Supreme Court overturns, re-criminalizes
• 2014: NALSA judgment – Recognizes transgender as third gender, fundamental rights
• 2017: Right to Privacy judgment – Includes sexual orientation
• 2018: Section 377 partially struck down – Consensual homosexual sex decriminalized (Navtej Johar case)
• 2023: Same-sex marriage petitions – Supreme Court refuses to legalize, asks Parliament to decide
• 2025: Ongoing advocacy, some state-level initiatives

Section 377 Decriminalization (2018)

What Changed

• Consensual homosexual sex between adults decriminalized
• No longer a criminal offense to be gay/lesbian
• Historic moment for LGBTQ+ community

What Remains

• Non-consensual sex still criminalized (as it should be)
• Age of consent laws apply equally

Impact

• LGBTQ+ individuals can live openly without fear of arrest
• But no marriage or family rights yet

Same-Sex Marriage Petitions (2023)

What Happened

Petitions filed: By multiple LGBTQ+ couples and activists seeking:

• Legal recognition of same-sex marriage
• Equal rights under marriage laws
• Adoption rights
• Inheritance, succession rights

Arguments in Favor

• Equality before law (Article 14)
• Right to life and liberty (Article 21) includes right to marry partner of choice
• Dignity and autonomy
• Love is love, gender shouldn’t matter

Arguments Against (By Government)

• Marriage is between man and woman (traditional/religious view)
• Parliament should decide, not court
• Potential social disruption
• Personal laws don’t allow

Supreme Court Verdict (October 2023)

5-judge bench, 3:2 split:

Majority Opinion

• Cannot legalize same-sex marriage
• This is for Parliament to decide, not judiciary
• But: Discrimination against LGBTQ+ must end
• Right to choose partner is fundamental

Dissenting Opinion (2 Judges)

• Should legalize civil unions
• Adoption rights should be granted
• Can’t wait for Parliament indefinitely

What the Judgment DID

• Recognized queer couples’ right to cohabit
• Directed government to ensure no discrimination
• Set up committee to examine rights (without marriage)
• Acknowledged LGBTQ+ families exist and deserve protection

What It DIDN’T Do

• Legalize same-sex marriage
• Grant adoption rights
• Change personal laws

Result: Status quo continues, marriage not legal

Current Rights of LGBTQ+ Couples

What You CAN Do

• ✓ Live together – Cohabitation is legal
• ✓ Have consensual relationship – No criminal liability
• ✓ Joint bank accounts – As friends/partners
• ✓ Nominate partner – In insurance, PF, bank accounts
• ✓ Make will – Leave property to partner
• ✓ Power of attorney – For medical/financial decisions
• ✓ Rent/buy property together – As co-owners or joint tenants
• ✓ Work without discrimination – Employment equality (though not always enforced)

What You CANNOT Do

• ❌ Legally marry – No marriage certificate
• ❌ Adopt as couple – Adoption laws don’t recognize same-sex couples
• ❌ Automatic inheritance – Not “legal heirs” of each other
• ❌ Spousal visa – For immigration
• ❌ Tax benefits – That married couples get
• ❌ Medical decisions – Not automatic “next of kin”
• ❌ Rent control/succession – Tenancy doesn’t automatically transfer
• ❌ Insurance – Can’t be “spouse” in health insurance

Legal Workarounds (Until Marriage Legalized)

1. Cohabitation Agreement

What: Legal contract between partners

• Acknowledgment of relationship
• Financial arrangements (expenses, assets)
• Property ownership
• Responsibilities
• Separation terms

Notarize and register (provides some legal standing)

Not equivalent to marriage but better than nothing

2. Will/Testament

Crucial!

Without Will	With Will
Partner gets NOTHING (not legal heir)	Leave all/part of property to partner Register will (better protection) Clearly state relationship

Caution: Family may challenge will after your death

3. Nomination

In all accounts:

• Bank accounts – Nominate partner
• EPF/PPF – Nominate partner
• Insurance – Partner as beneficiary
• Shares/mutual funds – Nomination

Legal but: Family can still claim after death (complex)

4. Joint Ownership

Property:

• Buy house/flat jointly
• Both names on title
• Survivor rights (depends on type of ownership)

Bank accounts:

• Joint account with either-or-survivor clause

5. Power of Attorney

For medical decisions:

• Durable power of attorney
• Partner can make medical decisions if you’re incapacitated
• Otherwise, family decides (may exclude partner)

For financial:

• Partner can handle finances if needed

6. Adoption (Single Parent)

Currently:

• Single persons can adopt (regardless of sexual orientation)
• LGBTQ+ individual can adopt as single parent
• But not as couple

Process:

• Through CARA (Central Adoption Resource Authority)
• Same process as heterosexual single parent
• Don’t need to hide sexual orientation (post-Section 377)

International Comparison

Region	Status
Countries with same-sex marriage legal	30+ countries (as of 2025) including USA, Canada, UK, most of Europe, Australia, New Zealand, Taiwan, Thailand (2024)
Asia	Taiwan: First in Asia (2019) Thailand: Legalized 2024 Nepal: Court ordered (not yet implemented) India: Still waiting

Global trend: Increasing legalization

Civil Unions/Domestic Partnerships

Alternative to marriage:

• Registered partnerships
• Civil unions
• Provides most marriage rights without calling it “marriage”

India:

• Supreme Court suggested government consider this
• Not yet implemented
• Ongoing discussions

If implemented, could provide:

• Legal recognition
• Inheritance rights
• Medical decision rights
• Tax benefits
• Visa rights
• Without changing “marriage” definition

Adoption Rights

Current law:

• Hindu Adoption and Maintenance Act: Only married couples (man and woman) or single persons
• Juvenile Justice Act (CARA): Single persons can adopt
• Single LGBTQ+ person: Can adopt
• LGBTQ+ couple: Cannot adopt together (not recognized as couple)

Workaround:

• One partner adopts as single parent
• Other has no legal rights to child (problematic)

Workplace Rights

Currently: No specific LGBTQ+ anti-discrimination law

• Constitution’s Article 15/16 prohibits discrimination
• Navtej Johar judgment affirmed workplace equality
• Some companies have inclusive policies

In practice:

• Varies widely
• MNCs generally better
• Small companies/traditional sectors may discriminate

Legal recourse available but underutilized

Healthcare

Rights:

• Cannot be denied healthcare due to sexual orientation
• Medical confidentiality applies
• Partner can accompany (but not automatically “next of kin”)

Challenges:

• Some doctors discriminatory
• Insurance doesn’t cover partner as “spouse”
• Medical decision-making if incapacitated (power of attorney crucial)

Discrimination & Legal Recourse

If discriminated (employment, housing, services):

• File complaint with:
  • Police (if criminal offense)
  • State Human Rights Commission
  • National Human Rights Commission
  • Appropriate forum (labor court, consumer forum, etc.)
• Grounds: Violation of Article 14, 15, 21

But: No specific LGBTQ+ anti-discrimination law makes it harder

Trans Rights (Separate Legal Framework)

Transgender Persons Act, 2019:

• Provides:
  • Self-identification as male, female, or transgender
  • Certificate of identity
  • Anti-discrimination provisions
  • Reservation in education, employment
  • National Council for Transgender Persons

Issues:

• Implementation weak
• Discrimination continues
• Medical procedures for transition expensive, not covered

Marriage:

• After transition, can marry as per new gender identity
• If transitioned to female, can marry man (and vice versa)
• But same-sex marriage still not legal

Religious Perspectives

Religion	Perspective
Hinduism	No clear prohibition (some texts accepting, others not)
Islam	Generally prohibits homosexuality
Christianity	Varies by denomination (some accepting, many prohibit)
Buddhism, Jainism	Generally more accepting
Sikhism	No clear stance

Personal laws based on religion: Major obstacle to uniform civil marriage

Scenarios

1. 1. Parliament Legalizes
   • New law passed
   • Amends Special Marriage Act or creates new law
   • Most democratic route
   • But: Political will needed (currently lacking)
2. 2. Supreme Court Review
   • Fresh petitions
   • Larger bench
   • Could overturn 2023 judgment
   • But: Court hesitant to bypass Parliament
3. 3. Civil Unions
   • Government creates separate framework
   • Not “marriage” but similar rights
   • Compromise solution
   • Possible in next 2-5 years
4. 4. State-Level Initiatives
   • Some states considering LGBTQ+ welfare boards
   • Not marriage but some protections
   • Kerala, Tamil Nadu ahead in LGBTQ+ rights
5. 5. Status Quo
   • No change for years
   • Community continues fighting
   • Piecemeal gains

Realistic Timeline

5-10 years for legalization (optimistic estimate)

Advocacy and Support

Organizations Working on LGBTQ+ Rights

• Humsafar Trust
• Naz Foundation
• Lawyers Collective
• Alternative Law Forum
• Sangama
• Many state-level groups

Helplines

• It Gets Better India
• LGBTQ helplines in major cities
• Mental health support

Advice for LGBTQ+ Couples

Legal Protection (Do Now)

Action	Notes
✓ Cohabitation agreement	Get lawyer to draft
✓ Wills	Both partners should have one
✓ Nominations	In all accounts
✓ Power of attorney	Medical and financial
✓ Joint ownership	Property, accounts
✓ Document relationship	Photos, evidence (for any future legal need)
✓ Support network	Legal, community, friends
✓ Stay informed	Laws evolving

Financial Planning

• Can’t file joint tax returns
• Plan separately
• Consider financial interdependence

Family

• Come out if safe
• If not, protect yourself legally despite family

International Options

If Seeking Marriage

• Marry abroad
• Countries where it’s legal (UK, USA, Canada, etc.)
• Get married there
• But: Not recognized in India
• No legal benefits in India

Immigration

• Partner visa not available for Indian couples
• If one partner is foreign national, complicated

Conclusion

Same-sex marriage in India remains a work in progress. While Section 377 decriminalization was historic, full equality – including marriage – is still distant.

Current Reality

• Relationships legal, marriage not
• Must use legal workarounds
• Continued advocacy needed

Hope

• Global trend toward legalization
• Increasing social acceptance
• Legal community supportive
• Change is coming, even if slow

For LGBTQ+ Indians: You deserve equal rights. While we wait for law to catch up, protect yourself legally and keep fighting for equality!

Love is love. The law will eventually recognize it.