India, the world's largest democracy, has made significant strides in LGBTQ+ rights over the past decade. However, as 2025 unfolds, the legalization of same-sex marriage remains an unfulfilled dream. Despite growing social acceptance and global progress on marriage equality, legal recognition in India continues to be a distant reality.
The Legal Battle
The journey towards same-sex marriage in India gained momentum after the historic Navtej Singh Johar v. Union of India (2018) verdict, which decriminalized consensual same-sex relationships by striking down Section 377 of the Indian Penal Code. However, this victory did not automatically grant legal rights to same-sex couples, particularly in terms of marriage, adoption, and inheritance. Several petitions were filed in the Supreme Court seeking legal recognition of same-sex marriages under existing laws, such as the Special Marriage Act, 1954, and the Hindu Marriage Act, 1955. The Supreme Court heard these cases extensively in 2023 but refrained from legalizing same-sex marriage, instead directing the government to form a committee to explore granting limited legal rights to same-sex couples. However, progress on this front has been sluggish, leaving many hopeful couples in legal limbo.
Government and Social Responses While there has been increasing societal acceptance of LGBTQ+ individuals, resistance remains strong among conservative sections of society and political circles. The government has argued that marriage is a policy decision best left to the legislature rather than the judiciary, effectively delaying any conclusive action.
Several Indian states remain divided on the issue, with some showing progressive support while others adhere to traditional norms. Religious groups have also voiced concerns, citing cultural and religious values. This lack of consensus has made it difficult to push for an overarching national law on same-sex marriage.
The Global Perspective India's reluctance to legalize same-sex marriage stands in contrast to many nations that have embraced marriage equality. Countries such as the United States, Canada, the United Kingdom, and even some Asian nations like Taiwan and Nepal have recognized same-sex marriage, setting a precedent for legal and social inclusivity.
The absence of marriage rights in India denies LGBTQ+ couples essential legal benefits, including inheritance rights, medical decision-making authority, and spousal benefits in government jobs. Without legal recognition, same-sex couples are forced to rely on informal arrangements or move abroad for legal security. The Road Ahead Despite legal setbacks, the fight for marriage equality continues. Activists, legal experts, and LGBTQ+ organizations are advocating for legislative change, urging political parties to address the issue in their manifestos. Grassroots movements and increasing corporate inclusivity efforts are also helping normalize same-sex relationships in Indian society. As 2025 progresses, the question remains: Will India take the next step toward full equality, or will same-sex marriage continue to be a pending wish? The answer lies in the collective will of its people, lawmakers, and the judiciary to champion the cause of love and equality for all.
