Recognition of same-sex unions in India

[26] In 2020, the Orissa High Court ruled in Chinmayee Jena v. State of Odisha that women in live-in relationships are protected under the 2005 domestic violence law similarly to different-sex cohabiting couples.

[57] On 18 December 2021, two men, Supriyo Chakraborty and Abhay Dang, were married in a Hindu ceremony in Hyderabad, the de jure capital of Andhra Pradesh, making "it the first gay wedding in the Telugu States".

[78] In 2022, two men, Angrej Kumar and Rupesh Sad, married in a traditional Hindu ceremony in the Khagaria district to strong opposition from family members who forced the couple to separate.

In Pooja and Another vs. State of Punjab and Others, the High Court ruled in August 2023 that "Article 21 of the Constitution on protection of life and personal liberty [does] not cease to apply when people of the same gender decide to live together.

"[83] In July 2019, the Delhi High Court dismissed a legal challenge brought forward by advocates Tajinder Singh and Anurag Chauhan seeking directions to make rules and regulations to recognise same-sex marriages under the HMA.

In this view of the matter, it can be stated that it is against the constitutional mandate of non-arbitrariness if the said right is not extended to homosexual apart from heterosexual couples," the petition, represented by lawyers Raghav Awasthi and Mukesh Sharma, said.

The petitioners also contended that the exclusion of same-sex marriage from the SMA violates Article 14 and 15 of the Constitution pursuant to the Supreme Court's decision in Navtej Singh Johar v. Union of India that sexual orientation and gender identity are protected under the fundamental right of equality.

On 25 February, the government asked the Delhi High Court to dismiss the cases, arguing in its response that marriage is based on "age-old customs, rituals, practices, cultural ethos and societal values" and that there thus exists a "legitimate state interest" in preventing same-sex couples from marrying.

The petitioners, three men and one woman, represented by advocates Meghna Mishra and Tahira Karanjawala, asked the court to declare that the SMA applies to any two persons who wish to marry regardless of sex.

You may agree or disagree on live streaming but please don't trivialise and demean the people who have struggled for years till the constitution bench of the apex court recognised their rights", said senior advocate Neeraj Kishan Kaul.

[103] The Goa Civil Code, which applies to the union territory of Dadra and Nagar Haveli and Daman and Diu, former entities of Portuguese India, defines marriage as a "perpetual contract made between two persons of different sex with the purpose of legitimately constituting a family".

A famous Gujarati resident to have entered into a same-sex marriage is Prince Manvendra Singh Gohil, probable heir of the honorary Maharaja of Rajpipla, who married his American partner Cecil "DeAndre" Richardson (né Hilton) in Seattle in July 2013.

However, we proudly choose to live our truth, celebrate our same-sex marriage and encourage the dissenters to open their minds and engage in positive dialogue to understand that all humans are created equally and deserve respect and love.

[149] In January 2020, Sonu Soman, an IP professional, and Nikesh Pushkaran, a businessman, filed a writ petition in the Kerala High Court, arguing that preventing them from marrying under the SMA violated the principle of equality, non-arbitrariness, non-discrimination, individual dignity and personal autonomy of Articles 14, 15(1), 19(1)(a) and 21 of the Constitution of India.

[175] In December 2023, Archbishop of Bombay Oswald Gracias responded to Fiducia supplicans, a declaration allowing Catholic priests to bless same-sex couples,[176] by calling it "an affirmation of our spirituality and a gift".

[184] In December 2023, Archbishop Victor Lyngdoh announced that clergy could bless same-sex couples in accordance with Fiducia supplicans and drew on Pope Francis' urging of the faithful to "avoid being 'judges who only deny, reject, and exclude'".

The parents of the brides were not supportive of their relationship, and Noyak's father issued a statement alleging that "his daughter is innocent and is under a spell of black magic", urging police to separate the couple.

[218] According to a 2019 report titled "Politics and Society Between Elections 2019", published by the Azim Premji Foundation and Lokniti-CSDS, Tamil Nadu ranked third in the nation in terms of acceptance of same-sex unions, after Delhi and Uttar Pradesh.

[148][219] On 17 November 2023, Justice N Anand Venkatesh recommended the state government to introduce a "deed of familial association", a scheme "[protect]ing [same-sex couples] from harassment and discrimination in society" and offering some limited legal benefits.

The participants marry Koothandavar, thus reenacting an ancient story in the Mahabharata: "Aravan, the son of Arjuna and Nāga princess Ulupi, agrees to be sacrificed to goddess Kali so that the Pandavas can win the war against the Kauravas.

[235] According to a 2019 report titled "Politics and Society Between Elections 2019", published by the Azim Premji Foundation and Lokniti-CSDS, Uttar Pradesh ranked first in the nation in terms of acceptance of same-sex unions.

[239] In Poonam Rani v. State of Uttar Pradesh, the Allahabad High Court ruled in January 2021 that same-sex couples in live-in relationships should be entitled to equal protection under the law as Indian citizens, safeguards against discrimination and unequal treatment, and freedom to choose a partner of one's choice.

"[246] In December 2021, the High Court issued a decision in Rohit Sagar v. State of Uttarakhand, upholding the rights of adults to choose their life partners, even when confronted with objections from their families.

[247] In June 2023, media reported that a government committee was considering the introduction of a uniform civil code in Uttarakhand which included recommendations concerning same-sex live-in relationships and "the rights of the LGBTQ community".

On 19 December 2022, Sushil Modi, a prominent lawmaker from the Bharatiya Janata Party (BJP), told Parliament that "India is [a] country of 1.4 billion people and two judges cannot just sit in a room and decide on such a socially significant subject.

Several other Islamic organisations including Jamaat-e-Islami Hind, the All India Muslim Personal Law Board, and the Telangana Markazi Shia Ulema Council also voiced their opposition to legalizing same-sex marriage.

[273] During the hearings, Solicitor General Tushar Mehta, representing the government, stated that "five individuals should not decide for the entire nation and issues related to human relationships, such as marriage should be addressed through legislation in Parliament."

[…] The judiciary cannot legislate.In a dissenting opinion, Chandrachud refuted the government's arguments that homosexuality was "urban" or "elitist", and reiterated judicial precedent that discrimination on the basis of sexual orientation is prohibited by the Indian Constitution.