Can same-sex couples legally marry in court in India?

Answer By law4u team

In January 2022, same-sex marriage is not legally recognized in India. The legal framework governing marriage in India, including the Hindu Marriage Act, 1955, the Special Marriage Act, 1954, and the Muslim Personal Law, does not explicitly allow for same-sex marriages. However, there have been significant developments in recent years regarding LGBTQ+ rights in India. In 2018, the Supreme Court of India delivered a landmark judgment in the Navtej Singh Johar v. Union of India case, which decriminalized consensual homosexual acts between adults by striking down Section 377 of the Indian Penal Code, which previously criminalized homosexuality. While this decision was a significant step forward for LGBTQ+ rights in India, it did not legalize same-sex marriage. There have been calls from activists and members of the LGBTQ+ community for legal recognition of same-sex marriages, but as of now, there has been no legislative or judicial action to legalize such marriages. It's important to note that legal recognition of same-sex marriage varies widely around the world, and it often reflects the social, cultural, and political attitudes of a particular country or region. As societal attitudes evolve and legal reforms occur, it's possible that India may consider legalizing same-sex marriage in the future, but for now, it remains unrecognized under Indian law.

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