Same-Sex Marriage In India
The question of Same-Sex Marriage In India
has sparked intense legal debate and public interest. Although India has taken progressive steps in LGBTQ rights, same-sex marriage still remains outside the realm of legal recognition. Here’s a clear breakdown of the current status, your rights, and how India compares to the world.
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Where Is the Law in India?
The Indian Supreme Court rejected legalising same-sex unions in October 2023. Chief Justice DY Chandrachud led the five-judge Constitution Bench, which recognised the right to love and cohabit but refrained from allowing marriage.
The Court noted that Parliament, not the courts, must make any changes to marriage laws. The judiciary refrained from entering the legislative realm, despite the matter’s emotional and social complexity.
This indicates that although LGBTQ couples are free to cohabitate, Indian marriage laws such as the Hindu Marriage Act, Special Marriage Act, and the Foreign Marriage Act do not recognise their unions.
Present Legal Situation: Not Yet Recognised
Currently, neither civil nor personal laws in India allow same-sex marriages. It is difficult for couples to open joint bank accounts, jointly own property, or make emergency medical decisions for one another.
Pension benefits, inheritance, and taxes are all impacted by this lack of recognition. In other words, regardless of their emotional and domestic ties, same-sex couples are treated as strangers by the law.
Your Fundamental Rights: Still Protected
Despite the ruling, you still enjoy constitutional protection under Article 14 (Equality before Law), Article 15 (Prohibition of Discrimination), and Article 21 (Right to Life and Personal Liberty).
Thanks to the 2018 Navtej Singh Johar v. Union of India decision, Section 377 was read down, decriminalizing consensual homosexual acts between adults. That ruling affirmed your dignity, identity, and privacy.
Advocate Sagar Sharma emphasizes that you can live together, express your gender identity, and demand non-discrimination in public and private spaces. These rights are fully enforceable.
Rights of Adoption: Still a Barrier
In India, same-sex couples are not permitted to adopt children together. Only heterosexual married couples or single people are permitted to adopt through the Central Adoption Resource Authority (CARA).
This creates uncertainty for both parents and the child because it means that even if one partner adopts a child, the other partner has no legal rights over the child. It brings up important issues regarding healthcare, education, and guardianship.
What Lies Ahead?
While the Supreme Court left the door open for legislative change, the onus now lies on Parliament. Until then, awareness, advocacy, and legal consultation remain key tools for the LGBTQ+ community.
Advocate Sagar Sharma strongly believes in pushing for equal rights through legal literacy and courtroom advocacy. If you face any discrimination or need legal guidance, reach out through Bharat Ki Adalat for expert support.
Conclusion
India has taken significant steps in LGBTQ rights, but full equality—especially in terms of marriage and adoption—remains a goal yet to be achieved. Until laws change, staying informed and legally prepared is your strongest defense.
If you want to know the process of same sex marriage in India, contact Advocate Sharma now for the best advice.
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Your rights matter. Your voice counts. Let’s keep pushing forward.
