Legality of Same-Sex Marriage


Legality of Same-Sex Marriage is a new legal issue discussed by the government, laws and citizens of India. Although the issue affects many individual rights, some rules regarding the status of marriage and homosexuality are still difficult to enact. Parental identity is defined in the law. The blog simplifies the main thing in its legal framework and makes people aware of its main content.



There have been significant changes in the law surrounding marriage equality and same-sex marriage in recent years. In economic progress and human rights, many countries around the world recognize the right to same-sex marriage, while other countries still struggle to achieve it.

In countries that recognize same-sex marriage, the importance of equal rights and protection for all people, regardless of sexual orientation, is increasing. This leads to a united and diverse society where everyone is free to love and marry whomever they choose. However, many challenges remain, including racism and discrimination against the LGBTQ+ community. In India, Indian law does not recognize same-sex marriage. Before 2018, Section 377 of the Indian Penal Code made sex a crime.

Same-sex marriage has not yet been recognized, although the Supreme Court of India partially decided on the plan in 2018. However, there have been some positive developments in recent years. In 2014, the Supreme Court of India recognized transgender people as the “third gender” and granted their recognition in the NALSA v UOI AIR 2014 SC 1863 case. Many movements and advocacy groups are working to promote greater acceptance and rights of the LGBTQ+ community. Furthermore, recognition of marriage equality is not only an expression of the principles of justice and equality before the law, but also a challenge to harmony, compassion and respect for the diversity of human relationships.

Some of the issues called for marriage equality are as follows.

  • Private Marriage Act 1954
    Private Marriage Act 1954 is a law in India that provides legal rights for civil marriages between people of different religions or castes. The law aims to promote equality and equality by allowing people to marry regardless of their religion or race. It provides a legal and legal process to couples who want to marry women regardless of religion and caste. This means that couples of different religions or castes can legally marry and enjoy the same rights and protections as other spouses.

Supriya Chakraborty v. The Union of India, on 6 January 2023, petitioners joined the Separation Act and argued that Section 4© of the Act clearly defines the conditions for private marriage ceremony, Only marriage between “male” and “female” is recognized. Therefore, it discriminates against same-sex couples, making them incapable of marriage, such as adoption, surrogacy, employment, joint banking and pension funds. Hence the call to expand the law to include same-sex marriage. However, the petition only objected to certain provisions of the Law, not the entire Law.


  • Bill of Rights
    Another problem explained by the Supreme Court in the demand for equality is competition for equal rights and the protection open to all citizens.
    The appeal has been made by written petition under Article 32 of the Constitution of India. The applicant contested the exclusion of same-sex couples from celebrated marriages under the Private Marriage Act. This has led some to argue that the provisions of the Law violate their fundamental rights, Articles 14, 15, 19 and 21. In addition, the Lord High Court has previously seen arguments and applied principles in deciding various marriage equality cases/claims. Some key points of SC analysis are as follows.


  • Court jurisprudence
    In KS Puttuswami v UOI (2017) 10 SCC 1 (CB), the Supreme Court ruled that LGBTQ+ rights should not be considered “so called” because it was a good lesson. Thus, they began to benefit from the right to life, privacy and dignity, which form the basis of freedom and independence.

1. Navtej Singh Johar and Orsvs UOI (2018) At 10 SCC 1 (CB), Hon’ble SC confirmed that members of the LGBTQ+ community have equal citizenship rights without discrimination. He added that ensuring sexual intimacy should not be affected by discrimination and that the choice of spouse is under legal protection.

2. By reading Article 377 of the IPC, the historic decision to decriminalize homosexuality had a profound impact on the lives of homosexuals. He left a great responsibility to the state and recognized the right to fulfill his relationship.

In another similar case, the Supreme Court said that Article 21 guarantees the right of adults to marry the person of their choice.


The decision in the Navtej Singh Johar case and other court applications requires all high courts across the country to grant the same protection to such segregated and religious couples.

Many countries around the world have legalized same-sex marriage, including the United States, Canada, and many countries in Europe. India has made some progress on LGBTQ+ rights in recent years, including a landmark resolution on homosexuality in 2018. It will be an important moment for India. Legal date. Final decision on marriage equality on whether India recognizes pending same-sex marriage from the Supreme Council.


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