RECENT SUPREME COURT JUDGEMENT ON SAME SEX MARRIAGE: WHAT IT MEANS FOR CIVIL RIGHTS

By:–    Indrani Dutta, 3rd year Law Student, DILS (Durgapur Institute of Legal Studies), affiliated to Kazi Nazrul University, Asansol

Introduction

In January 2025, the Supreme Court of India once again reaffirmed its stance on one of the most debated constitutional issues of recent times—legal recognition of same-sex marriages. The Court declined to entertain review petitions challenging its earlier 2023 judgment, in which it ruled that same-sex marriages cannot be recognized under existing laws.

By refusing to reopen the matter, the Court highlighted two crucial principles:

1. There is no constitutional mandate compelling the State to recognize same-sex marriage, and

2. Any reform in marriage laws must originate from Parliament, not the judiciary.

This reaffirmation has deep implications for civil liberties, equality rights, and the future course of LGBTQIA+ protections in India. While the verdict disappointed many activists, it also clarified constitutional boundaries and left the door open for legislative reform.

What is Same-Sex Marriage?

Same-sex marriage refers to the legal recognition of marriage between two individuals of the same gender or sexual orientation. Marriage, in law, provides a package of rights and responsibilities—inheritance, adoption, medical consent, maintenance, guardianship, and more.

Supporters of marriage equality argue that denial of such recognition amounts to discrimination, violating the principles of dignity, equality, and equal protection under the law. Numerous countries worldwide have legalized same-sex marriage through legislative changes, judicial interventions, or referendums.

Equality Perspective on Same-Sex Marriage

From a constitutional viewpoint, restricting marriage only to heterosexual couples excludes queer individuals from accessing basic civil entitlements.
Arguments in favour of marriage equality emphasise:

• Equality before law (Article 14)

• Non-discrimination (Article 15)

• Right to life and dignity (Article 21)

• Freedom of expression and association (Article 19)

Thus, at its core, the marriage equality debate is not merely about social acceptance but about equal citizenship and the right of each individual to determine their personal relationships free from state interference.

Supreme Court Hearing: Four Key Issues

Court’s Position

Adoption Rights for Queer Couples

Split 3:2 verdict; majority denied adoption rights to same-sex couples.

Fundamental Right to Marriage

Unanimous view: there is no absolute fundamental right to marry.

Interpretation of Special Marriage Act (SMA)

unanimously held that the SMA cannot be reinterpreted to include same-sex couples.

Civil Unions

Minority supported civil unions; majority rejected judicial recognition.

LGBTQIA+ Rights in India: A Timeline

• 2014 – NALSA v. Union of India: Recognized transgender persons as the “third gender” and affirmed their constitutional rights.

• 2018 – Navtej Singh Johar v. Union of India: Decriminalized consensual same-sex relations by reading down Section 377 IPC.

• 2019 – Transgender Persons (Protection of Rights) Act: Prohibited discrimination and provided legal recognition to transgender individuals.

• 2022 – SC Expands Definition of Family: Recognized queer partnerships as legitimate family units for welfare benefits.

• 2023 – Marriage Equality Verdict: Denied legal recognition to same-sex marriage.

• 2025 – Review Petitions Rejected: Supreme Court upheld its earlier stand.

Historical Context: Key Judgments

1. NALSA v. Union of India (2014)

• Recognized transgender people as a constitutionally protected class.

• Differentiated between biological sex and gender identity.

• Affirmed that transgender persons have the right to marry under existing laws.

2. K.S. Puttaswamy v. Union of India (2017)

• Declared privacy as a fundamental right under Article 21.

• Explicitly held that sexual orientation is protected within the sphere of privacy.

• This judgment set the foundation for decriminalizing homosexuality.

3. Navtej Singh Johar v. Union of India (2018)

• Struck down parts of Section 377 IPC that criminalized consensual same-sex relations.

• Affirmed LGBTQIA+ persons’ equal rights and dignity.

• Maintained criminality for non-consensual acts and bestiality.

4. Shakti Vahini v. Union of India (2018)

• Recognized that adults have the fundamental right to choose their partners.

• Laid down preventive measures against honour crimes.

What Did the Court Decide in 2025?

1. Review Petitions Dismissed

The Court found no error apparent in the 2023 judgment and refused to reconsider its decision.

2. No Fundamental Right to Marriage

Marriage remains a statutory right, not a fundamental right. Therefore, same-sex couples cannot claim it constitutionally.

3. Judiciary Cannot Redraft Marriage Laws

The Court clarified that revising the Special Marriage Act or any personal law falls exclusively within the legislature’s domain.

4. Right to Relationship is Protected

Though marriage rights were denied, the Court reaffirmed that queer individuals have the right to form intimate relationships free from discrimination or coercion.

5. Adoption Rights Denied

Without legal recognition of marriage or civil unions, same-sex couples do not gain adoption rights.

6. State’s Duty to Prevent Discrimination

The Court emphasized Article 15’s protection against discrimination based on sex, including sexual orientation.

Civil Unions: What Did the Court Say?

Minority Opinion (CJI Chandrachud & Justice Kaul)

• Supported legal recognition of civil unions for queer couples.

• Argued that Article 19 protects the freedom to form intimate associations.

• Held that the State has an obligation to extend benefits to queer unions.

• Highlighted that “sex” under Article 15 includes “sexual orientation.”

Majority Opinion (Justices Bhat, Kohli, Narasimha)

• Affirmed the right of queer couples to cohabit and form relationships.

• Refused to create a legal structure for civil unions through judicial directions.

• Stressed separation of powers and the complexity of building an entirely new legal framework.

Conclusion

The Supreme Court’s 2025 ruling marks a decisive point in India’s journey toward LGBTQIA+ equality. While the Court acknowledged the rights of queer individuals to love, cohabit, and form partnerships, it made equally clear that marriage equality must come through Parliament, not the courts.

This moment serves as both a setback and a crucial turning point. It reinforces that civil rights evolve through continuous public advocacy, political engagement, and social awareness. The path to equality may be long, but the ongoing conversations—within families, legislatures, courts, and civil society—ensure that the struggle for dignity and recognition continues with renewed strength.

Bibliography

1. Navtej Singh Johar v. Union of India, (2018) 10 SCC 1.

2. National Legal Services Authority (NALSA) v. Union of India, (2014) 5 SCC 438.

3. K.S. Puttaswamy v. Union of India, (2017) 10 SCC 1.

4. Shakti Vahini v. Union of India, (2018) 7 SCC 192.

5. Supreme Court of India, Marriage Equality Judgment (2023).

6. Supreme Court Order on Review Petitions (January 2025).

7. The Transgender Persons (Protection of Rights) Act, 2019.

8. Articles from The Indian Express, Hindustan Times, The Economic Times, and India Today on the 2023–2025 marriage equality hearings.

9. Government of India – Ministry of Law and Justice publications on LGBTQIA+ rights.

Date-26-11-2025

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