It might be a little shocking for many of you out there because right now, gay marriage is illegal in India, or we should say that such same-sex marriages are “not recognized under the law right here in India.” And this has kinda become a huge issue recently, so, it is the right time to talk about these things. So, let’s take a good look at what the government, the Supreme Court, and other authorities say about gay marriages in India.
Current Legal Status of Same-Sex Marriage in India
As of now, same-sex marriage remains unrecognized in India by the law. This means, right now, there is no way for two people of the same sex to marry legally, sure, they can live together and marry as well but it won’t be recognized as a totally legal marriage in the country. The Supreme Court of India, in its historic judgment in October 2023, announced that it was not capable of forming same-sex marriages under the law. The court said that this was the concern of Parliament, you know, the legal authority that makes laws.
See, in recent years, there has been too much stir about LGBTQ rights and same-sex marriage in India, but that seems to have not made any progress because right now same-sex marriage is not recognized legally. So that’s that. But yes, the government and many political leaders have suggested that there should be a committee formed for these issues because again, we are talking about actual human beings here who have feelings and certain rights.
Legal Recognition of Same-Sex Relationships
In India, even though same-sex marriage is not legally recognized, there are some legal aspects that accomplish the recognition of same-sex partners. But what does that even mean? Well, for instance, just as a heterosexual couple can apply for live-in relationships, courts in several states granted the same rights to same-sex couples concerning the legal validity of living together. This unique relationship comprises two partners living with each other like a married couple without having an official license for marriage, you know?
In the 2022 judgment, the Supreme Court pointed out that same-sex couples living together should be recognized as a “family unit”. This recognition indicates that under some conditions, a same-sex couple can, in addition to heterosexual couples, partake in legal aspects such as inheritance of property or protection from police harassment. Still, these rights have limitations and do not provide the total legal guarantees that marriage can provide.
