Same-Sex Marriage Legalization in India: What Lies Ahead

Same-Sex Marriage Legalization in India: What Lies Ahead

India has always been a conservative society when it comes to matters of the LGBTQ+ community. However, things are gradually changing, and same-sex marriage legalization has become a topic of discussion among the masses. While there have been several positive steps taken in this regard, there are still many obstacles to overcome.

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Image sourced from Bloomberg

Current Status

As of now, same-sex marriages are not legal in India. The country used to follow  Section 377 of the Indian Penal Code, which criminalizes homosexual acts. However, in 2018, the Indian Supreme Court decriminalised homosexuality and struck down the law. This landmark ruling was celebrated by the LGBTQ+ community and their allies.

Way Forward

 Members of India’s lesbian, gay, bisexual, and transgender (LGBT) community continue to voice concerns about discrimination and a lack of acceptance for gay individuals in Indian society despite the 2018 verdict.The government has not yet made any significant progress in this regard. While several individuals and organisations are fighting for the cause, there is still a long way to go.


There are several obstacles to overcome before same-sex marriage can be legalized in India. The first and foremost hurdle is the conservative mindset of the society. Many people still consider homosexuality a taboo and are not ready to accept same-sex marriages.

Another significant obstacle is the lack of political will. The Indian government has not yet taken any significant steps to legalise same-sex marriages. Moreover, the conservative nature of many political parties makes it challenging to get the necessary support to pass the legislation.

Positive Steps

Despite the obstacles, there have been several positive steps taken towards same-sex marriage legalization in India. The Delhi High Court recently recognized a same-sex marriage between two women who had approached the court seeking recognition of their marriage. This was a landmark ruling, and it gave hope to the LGBTQ+ community.

The federal administration of Prime Minister Narendra Modi had till February 15 to make clear its position on same sex marriage, according to a three-judge Supreme Court panel. The court is scheduled to hear the group pleadings from homosexual couples and campaigners in March after the government files a response.

Moreover, many young people in India are becoming more accepting of the LGBTQ+ community. This is a positive development as the younger generation will be the ones to bring about change in the country.


Same-sex marriage legalization in India is a contentious issue, and it will take time before it becomes a reality. While there have been positive steps taken in this regard, there are still many obstacles to overcome. The conservative mindset of the society and the lack of political will are the biggest hurdles that need to be overcome. However, with the increasing acceptance of the LGBTQ+ community among the younger generation, there is hope that change will come sooner rather than later.

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