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

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):

Same-sex marriage: NOT legal in India

But: 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

Includes:

• 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: Partner gets NOTHING (not legal heir)

With will:

• 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

• Survive

or 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:

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:

What some countries have:

• 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:

No specific LGBTQ+ anti-discrimination law

But:

• Constitution's Article 15/16 prohibits discrimination

• Navtej Johar judgment affirmed workplace equality

• Some companies have inclusive policies

• Can file complaint if discriminated

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:

Varied:

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

What's Next? Future Possibilities:

Scenarios:

1. Parliament legalizes:

• New law passed

• Amends Special Marriage Act or creates new law

• Most democratic route

• But: Political will needed (currently lacking)

2. Supreme Court review:

• Fresh petitions

• Larger bench

• Could overturn 2023 judgment

• But: Court hesitant to bypass Parliament

3. Civil unions:

• Government creates separate framework

• Not "marriage" but similar rights

• Compromise solution

• Possible in next 2-5 years

4. State-level initiatives:

• Some states considering LGBTQ+ welfare boards

• Not marriage but some protections

• Kerala, Tamil Nadu ahead in LGBTQ+ rights

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):

✓ 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.