Introduction

Marriage is not only a legal concept—it also holds deep social meaning. It publicly recognises the love, commitment, and companionship between two individuals. A legal marriage gives couples social dignity, which alternatives like civil unions or domestic partnerships often do not provide.

Denying same-sex couples the right to marry means denying them equal treatment. It is discrimination based on sexual orientation and gender, which goes against the values of equality and dignity in a democratic society.

Same-sex couples in India still face legal disadvantages. For example, they can’t access spousal insurance, pensions, immigration rights, adoption, or next-of-kin recognition. Their children also don’t enjoy the same legal protections that children of heterosexual couples have.

For the LGBTQIA+ community, legal recognition of marriage is not just a legal demand—it’s about being accepted as equal members of society.

From Navtej Johar to Supriyo Chakraborty: The Legal Journey

Navtej Singh Johar v. Union of India (2018)

In 2018, the Supreme Court of India struck down part of Section 377 IPC, which criminalised consensual same-sex relations. This was a major victory, recognising the dignity and identity of LGBTQIA+ people.

However, the judgment did not give same-sex couples the right to marry. It only decriminalised same-sex relationships.

The judgment focused mainly on what happens in private life, and not on how queer individuals can express their relationships publicly. The Court separated sexual relationships from the idea of marriage, and missed an opportunity to talk about marriage as a matter of personal liberty and public equality.

Still, the judgment marked a shift. It said that love and intimacy are part of Article 21, which protects life and personal liberty.

Supriyo Chakraborty v. Union of India (2023)

In 2022–23, several petitions asked the Supreme Court to recognise same-sex marriages under Indian laws.

Hopes were high. But in October 2023, the Court said only Parliament can make that decision, not the judiciary. It refused to legalise same-sex marriage but spoke about the idea of civil unions—without giving them legal status.

A review petition was dismissed in January 2025, closing the case for now.

Global Developments in Marriage Equality

Many countries around the world have recognised same-sex marriage:

• United States (2015): In Obergefell v. Hodges, the U.S. Supreme Court ruled that same-sex couples have the constitutional right to marry.

• Thailand (2024): Became the first Southeast Asian country to legalise same-sex marriage, granting equal rights in adoption, inheritance, taxes, and healthcare.

• Greece (2024): First Orthodox Christian-majority country to legalise same-sex marriage.

• Estonia (2024): First former Soviet country to do so.

• Japan: While national law hasn’t changed yet, courts in cities like Sapporo, Nagoya, and Fukuoka have ruled that banning same-sex marriage is unconstitutional.

These examples show that culture is not a permanent barrier. Change is possible with the right leadership and laws.

India’s Current Legal Position

The Supreme Court may have stepped back, but some High Courts are showing progress:

• Madras High Court (June 2025): In M.A. v. Superintendent of Police, the court said LGBTQIA+ people have the right to form “chosen families”.

• Kerala High Court: In Adhila Nasarin v. State Commissioner of Police, it ruled that two adults can live together, no matter their sexual orientation.

A proposal for a Deed of Familial Association (DFA) is also being considered. It would offer limited legal rights to same-sex couples—like access to hospital visitation, shared property, and emergency decisions.

These decisions show that Indian courts are beginning to understand that love, companionship, and legal security are basic rights—not limited to heterosexual couples.

Why Legal Marriage Matters

1. Legal Security

Marriage gives couples many legal rights—like inheritance, tax benefits, medical decisions, and eviction protection. Denying these to same-sex couples is unfair.

2. Mental Health & Social Acceptance

Marriage equality improves the mental health of LGBTQIA+ people. A 2023 Indian survey found that 93% believed legalising same-sex marriage would help reduce depression and anxiety among queer youth.

3. Adoption & Parenting Rights

Same-sex couples cannot jointly adopt in India. Legal marriage would help provide secure homes and family recognition to children raised by queer parents.

4. Social Dignity and Visibility

Recognising same-sex marriages sends a message that all love is equal. It gives people the confidence to live openly and safely in society.

Resistance and Cultural Barriers

Some groups—including the Bar Council of India and religious organisations—oppose same-sex marriage, saying it’s against Indian culture.

The government has also argued in court that marriage should be only between a “biological man and woman.” Many conservative leaders call the issue “urban elitism,” claiming it doesn't matter to most Indians.

But history shows that every social reform—from widow remarriage to inter-caste marriage—faced resistance at first. Change comes slowly but surely.

Conclusion: Beyond the Courtroom

The journey from Navtej Johar to full marriage equality is not over. Decriminalising love was only the first step. The next fight is for equal rights to marry, live together, and raise families.

This issue is not just about law—it is about constitutional morality, dignity, and equal citizenship.

Legalising same-sex marriage does not destroy Indian culture. Instead, it celebrates Indian diversity. Many countries with strong cultural traditions have taken this step. So can India.

Because love is love—and it deserves legal protection.