Understanding Same-Sex Relationships in India

India is home to one of the world’s largest and most diverse populations – and within it, millions of people identify as lesbian, gay, bisexual, transgender, queer, or intersex. Yet for the LGBTQI+ community, the journey toward basic recognition and equal rights remains deeply contested. Same-sex relationships exist across every culture and every era of history, but in India, the question of how society and the law should treat them has become one of the defining civil rights issues of our time. Understanding what these relationships are, how sexual orientation shapes human identity, and where India stands legally and socially is essential for anyone engaging with questions of gender, justice, and human dignity.

What are same-sex relationships? 🔗

A same-sex relationship is a romantic, emotional, or sexual relationship between two people of the same gender. These relationships are not a modern phenomenon. Historical records and ancient Indian texts, including the Kama Sutra and various temple sculptures, reflect the existence and at times the acceptance of diverse sexual and gender identities long before colonialism reshaped Indian law and society.

The term LGBTQI+ encompasses lesbian, gay, bisexual, transgender, queer, and intersex individuals, along with others whose identities fall outside heterosexual and cisgender norms. What unites this diverse community is not a single shared experience, but rather a shared position outside the dominant heteronormative framework – the social assumption that heterosexuality is the default or only valid form of human attraction and partnership.

In India, the LGBTQI+ population is significant. The Government of India submitted a figure of “at least 2.5 million” in 2012 based on self-declaration, while activists and global estimates place the number considerably higher. An Ipsos survey conducted in 2022 found that just under 30% of respondents identified with the LGBTQ+ community in some way. These numbers underscore that same-sex relationships are not a marginal concern – they affect tens of millions of people and their families across the country.

Sexual orientation and society 🔗

Sexual orientation refers to a person’s enduring pattern of emotional, romantic, and sexual attraction. It is not simply about physical behavior – it encompasses deep emotional bonds, the desire for companionship, and how a person experiences love and intimacy. The Supreme Court of India has itself recognized that sexual orientation is a natural and inherent aspect of an individual, shaped by neurological and biological factors, and that a person exerts little or no control over who they are attracted to.

Despite this, Indian society has historically operated within a strongly heteronormative framework. This means that opposite-sex relationships have been treated as the natural and universal norm, while same-sex attraction has often been viewed as deviant, immoral, or even pathological. This framing has deep roots in colonial history. Throughout history, India recognized and celebrated gender diversity until a law was introduced during British colonialism in 1861 – Section 377 of the Indian Penal Code – which criminalized “carnal intercourse against the order of nature.” That law effectively equated homosexuality with criminal conduct for over 150 years.

The colonial roots of homophobia 🔗

It is critical to understand that homophobia in India is not purely an indigenous cultural product. Scholars have noted that LGBTQ stigma was essentially created in some societies where it did not previously exist, as colonial powers introduced hierarchical social categories and enforced compulsory heterosexuality as tools of control. Before British codification of marriage and sexual conduct, India had diverse conceptions of gender and relationships, including the long-standing social recognition of hijras as a third gender. Colonialism narrowed this diversity by imposing Victorian moral frameworks onto Indian law.

Sexual orientation, therefore, must be understood not just as a personal characteristic but as a socially and politically situated identity. The way society treats same-sex attraction shapes whether individuals can live openly or must conceal a core part of who they are.

Current status in Indian law 🔗

The legal landscape for same-sex relationships in India has changed considerably over the past two decades, but significant gaps remain.

Decriminalization: The 2018 landmark 🔗

The most consequential legal shift came on September 6, 2018, when the Supreme Court of India unanimously struck down the provisions of Section 377 that had criminalized consensual same-sex activity between adults. The ruling in Navtej Singh Johar v. Union of India was celebrated as a historic milestone. The court declared that discrimination on the basis of sexual orientation is unconstitutional, affirming that sexual orientation is a natural phenomenon backed by scientific and biological evidence. The ruling formally ended the era in which gay and lesbian Indians could be prosecuted simply for who they loved.

The marriage equality question: The 2023 verdict 🔗

Following decriminalization, advocates pushed for formal legal recognition of same-sex unions. More than 20 petitions were filed by same-sex couples, transgender individuals, and LGBTQI+ activists seeking the right to marry. The Supreme Court heard these petitions in Supriyo v. Union of India.

In October 2023, the Supreme Court ruled 3-2 against recognizing the constitutional validity of same-sex marriages, stating that the right to marry does not automatically extend to same-sex couples under existing laws and that this was a matter for Parliament or state legislatures to decide. The court also acknowledged its function is limited to interpreting laws, not creating them. Chief Justice DY Chandrachud did affirm that the right to choose one’s partner is fundamental to the right to life and liberty under Article 21 of the Constitution – but this affirmation stopped short of marriage rights.

In January 2025, the Supreme Court dismissed review petitions against that 2023 decision, leaving the matter firmly with the legislature.

What the law currently provides – and what it doesn’t 🔗

India currently provides some recognition of same-sex relationships as live-in arrangements, and cohabitation is not illegal. Since the 2010s, courts in several states – including Kerala, Odisha, Gujarat, and Uttarakhand – have ruled that same-sex live-in relationships are not unlawful and are entitled to legal protection, including in some cases police protection from family harassment and limited inheritance benefits.

However, India does not currently provide for common-law marriage, same-sex marriage, civil union, or formally registered cohabitation. The Special Marriage Act of 1954, which governs civil marriages, continues to use language that assumes a man-woman partnership. This means same-sex couples cannot jointly adopt children, cannot access spousal healthcare rights, and have no automatic inheritance protections as a couple. As a National Institutes of Health-published study noted, the absence of legal recognition delegitimizes queer couples and contributes to an environment of government-sanctioned marginalization.

The Transgender Persons (Protection of Rights) Act, 2019 does provide some recognition for transgender individuals, including the right to self-perceived gender identity and new identification documents. The Act also specifies that transgender persons in heterosexual relationships retain the right to marry under existing personal laws – a provision that highlights the ongoing disparity faced by gay and lesbian couples who do not fit that framework.

Social stigma and advocacy 🔗

Legal change and social change do not always move together. Even after decriminalization in 2018, LGBTQI+ individuals in India continue to experience family-enacted violence, pressure to enter heterosexual marriages, discrimination in education and workplaces, and institutional exclusion. Research from 2024 found that 79% of gay men and 44% of bisexual men had experienced verbal abuse or physical violence. Stigma is not only external – it becomes internalized, shaping how LGBTQI+ individuals see themselves and whether they feel safe disclosing their identity.

The health consequences of stigma 🔗

The mental and physical health impact of this stigma is well-documented. Structural bias, systemic discrimination, and harassment are established factors that lead to heightened stress and adverse health outcomes among LGBTQI+ individuals. Studies show elevated rates of depression, anxiety, suicidal ideation, and substance use within the community, particularly among those who are not out or who lack family support. Medical textbooks used in some Indian universities have historically contained discriminatory language about homosexuality, though the National Medical Commission has since moved to address this. The absence of legal recognition compounds these health risks by limiting access to spousal benefits, joint healthcare decision-making, and the psychological security that formal recognition provides.

Advocacy and the road to inclusion 🔗

Despite these challenges, India has a robust and growing LGBTQI+ advocacy ecosystem. Organizations such as the Naz Foundation, which filed the original petition challenging Section 377 in 2001, paved the way for legal reform. UNAIDS and UNDP India are actively working with the LGBTQI+ community through awareness campaigns, health service access, and human rights advocacy. Pride marches now take place annually in cities including Delhi, Mumbai, Kolkata, Chennai, and Bangalore, with the Kolkata Rainbow Pride Walk alone drawing over 1,500 participants.

In a notable example of judicial empathy, Madras High Court Justice N. Anand Venkatesh voluntarily underwent psycho-educational counseling on queer issues before ruling on a same-sex relationship case in 2021, and explicitly stated that the burden of unlearning stigma lies with society, not with LGBTQI+ individuals. He also prohibited conversion therapy in Tamil Nadu and Puducherry – a significant step in protecting LGBTQI+ persons from harmful practices. A Pew Research Center poll in 2023 found that 53% of Indians supported the legalization of same-sex marriage, while 43% were opposed – a sign that public opinion, while still divided, is shifting.

The advocacy movement’s goals are clear: full legal equality, anti-discrimination protections in employment and housing, the right to marry and form families, and a society in which a person’s sexual orientation does not determine their safety, dignity, or life chances. Educating the broader population about the distinction between gender and sexuality remains central to this effort, as misconceptions continue to drive much of the stigma LGBTQI+ people face.

Where India stands today 🔗

India’s path on same-sex relationships reflects the tension between a judiciary willing to affirm dignity and a legislature yet to act on equality. Decriminalization in 2018 was a landmark, but the refusal to recognize same-sex marriage in 2023 – and the Supreme Court’s dismissal of review petitions in January 2025 – leaves millions of LGBTQI+ Indians in a legal grey zone. They can cohabit without criminal penalty, but they cannot marry, adopt jointly, or access the full spectrum of rights that come with formal partnership recognition. Societal attitudes are slowly evolving, particularly among younger urban Indians, but stigma, family pressure, and institutional discrimination remain daily realities for much of the community.

The question of same-sex relationships in India is ultimately a question about what kind of society India chooses to be – one that extends the constitutional promises of equality and dignity to all its citizens, or one that reserves them for those who conform to a single model of family and love.

What do you think? Given that the Supreme Court has left the question of same-sex marriage to Parliament, what kind of advocacy or policy action do you think is most likely to bring about legal recognition for same-sex couples in India? And how does the gap between decriminalization and full legal equality reflect broader questions about who gets to belong in a society’s definition of a “normal” family?

References

1. https://en.wikipedia.org/wiki/Homosexuality_in_India
2. https://en.wikipedia.org/wiki/LGBTQ_rights_in_India
3. https://glaad.org/indias-supreme-court-rules-against-same-sex-marriage-equality-yet-affirms-lgbtq-relationships/
4. https://link.springer.com/chapter/10.1007/978-3-031-36204-0_2
5. https://www.adda247.com/upsc-exam/same-sex-marriage-in-india/
6. https://www.washingtonblade.com/2025/01/14/indian-supreme-court-rejects-marriage-equality-ruling-appeals/
7. https://pmc.ncbi.nlm.nih.gov/articles/PMC11497438/
8. https://journals.sagepub.com/doi/full/10.1177/2631831820918129
9. https://pmc.ncbi.nlm.nih.gov/articles/PMC9895954/
10. https://news.un.org/en/story/2024/05/1149956
11. https://www.sciencedirect.com/science/article/pii/S2590291124004340
12. https://ijlmh.com/paper/rights-of-lgbtq-in-india-and-the-struggle-for-societal-acceptance/