Is same sex marriage legal in India?

No, same-sex marriage is currently not legal in India. Section 377 of the Indian Penal Code criminalized homosexual acts until September 2018, when the Supreme Court of India struck down the law as unconstitutional. While the decriminalization of homosexuality was a significant step forward for LGBTQ+ rights in India, same-sex marriage is not yet legally recognized. However, several LGBTQ+ activists and organizations are campaigning for marriage equality in India.

Despite the decriminalization of homosexuality, the Indian legal system does not provide for same-sex marriage or civil unions. The Hindu Marriage Act, 1955, which governs marriages for Hindus, does not recognize same-sex marriage. Similarly, the Special Marriage Act, 1954, which is applicable to all citizens irrespective of their religion, also does not provide for same-sex marriage.

While there have been some positive developments in the form of judicial decisions, government and societal attitudes towards LGBTQ+ rights remain largely conservative. The Indian government has not yet taken any concrete steps to legalize same-sex marriage or provide any legal recognition to same-sex relationships.

However, there is a growing movement for marriage equality in India, with LGBTQ+ activists and organizations campaigning for equal rights. Many individuals and groups are pushing for a change in laws to recognize same-sex unions and marriages.

Some state governments have also taken steps to provide limited recognition to same-sex relationships. In 2019, the state of Kerala became the first state in India to have a transgender policy that recognized their rights to marriage, adoption, and inheritance.

In conclusion, while same-sex marriage is not currently legal in India, there is a growing awareness and acceptance of LGBTQ+ rights. As the country continues to progress socially and legally, it is hoped that India will join other countries in recognizing and legalizing same-sex marriages.