The legal framework
The Supreme Court struck down the colonial provision criminalising same-sex conduct in Navtej Singh Johar in 2018. In Supriyo in October 2023 it declined to read marriage law as covering same-sex couples, holding that this is a matter for Parliament, while directing the government to consider practical entitlements through a committee. No marriage, civil union or partnership is available.
India shows the limits of judicial change. The same court that decriminalised in 2018 with expansive language about dignity declined five years later to take the next step, on the ground that marriage is a legislative creation. The committee route that was ordered instead addresses the everyday consequences — a bank account, a hospital ward — without touching status.
Key points
| Marriage | Not available; the Supreme Court left the question to Parliament in 2023 |
|---|---|
| Decriminalisation | Navtej Singh Johar, September 2018 |
| Union alternative | None |
| Foreign marriage | Not recognised |
| Adoption | Not available to same-sex couples; single-person adoption is possible |
| Committee | Government committee directed to examine practical entitlements |
| Discrimination | No general statute covering sexual orientation |
In practice
- Single-person adoption remains open, but it makes only one partner a legal parent, with all that follows.
- A foreign marriage has no effect: no spouse visa, no inheritance, no hospital decision-making.
- Wills, powers of attorney and nominations on insurance and provident funds are the only available protections.
- Employer policies in multinationals often extend partner benefits where the law does not.
Cost and coverage
There is no union to register. The real cost is legal drafting — a will and a set of nominations — which is modest and strongly advised.
Recent changes
The Supreme Court's decision of October 2023 declined to extend marriage but directed the government to examine practical entitlements such as joint bank accounts, hospital visiting rights and pensions through a dedicated committee.
Where to go
- Committee constituted at central government level on practical entitlements.
- Community and legal-aid organisations active in the major cities.
- Lawyer, for wills, nominations and powers of attorney.
Worth knowing
The 2023 judgment recognised the reality of these relationships in strong terms while refusing to create rights: read carefully, it is a direction to Parliament, and the practical position is unchanged.
Frequently asked questions
What exactly did the 2023 judgment decide?
That the Special Marriage Act cannot be read as covering same-sex couples and that creating such a right is for Parliament. The court declined to grant civil-union status, and directed the government to constitute a committee on practical entitlements. Reasoning varied between judges; the outcome did not.
What can a couple do in the meantime?
Draft wills, appoint each other under powers of attorney, make nominations on insurance, bank and provident-fund accounts, and hold property jointly where possible. None of it creates a status, but together these documents cover most of the situations where the absence of one causes real harm.
Official sources and links
- India.gov.in — national portal of India
- India Code — central and state legislation