The Legal Risks for Same-Sex Couples in India Today

India’s legal landscape for same-sex couples remains fraught with contradictions. While the country has seen significant progress in LGBTQ+ rights—most notably the decriminalization of homosexuality in 2018—same-sex couples still face systemic discrimination, legal ambiguities, and social stigma. Unlike heterosexual couples, they are denied fundamental rights such as marriage equality, adoption, inheritance, and even basic protections against workplace discrimination. This blog explores the legal risks and challenges same-sex couples navigate in India today.

The Illusion of Progress: Decriminalization vs. Recognition

Section 377 and Its Aftermath

In 2018, India’s Supreme Court struck down parts of Section 377 of the Indian Penal Code, a colonial-era law that criminalized "carnal intercourse against the order of nature." While this was a landmark victory, decriminalization did not equate to legal recognition. Same-sex relationships remain invisible in the eyes of the law when it comes to marriage, divorce, or spousal benefits.

Marriage Equality Battles

Several petitions demanding marriage equality are pending before Indian courts. The government’s stance has been contradictory: while acknowledging LGBTQ+ rights in some forums, it has argued in court that same-sex marriage is "not comparable to the Indian family unit concept." Without legal recognition, same-sex couples cannot:
- File joint taxes
- Access spousal healthcare benefits
- Claim inheritance rights automatically
- Make medical decisions for incapacitated partners

Everyday Legal Vulnerabilities

Adoption and Parenting Rights

India’s adoption laws favor heterosexual married couples or single individuals. Same-sex couples face immense hurdles in adopting children jointly. The Central Adoption Resource Authority (CARA) does not recognize same-sex partnerships, forcing many to adopt as single parents—a risky workaround that leaves one partner legally unprotected.

Workplace Discrimination

No federal law prohibits discrimination based on sexual orientation. While some progressive companies have inclusive policies, many LGBTQ+ employees face harassment, unfair termination, or forced resignations. Without legal recourse, same-sex couples struggle to secure financial stability.

Inheritance and Property Disputes

Without marriage rights, same-sex partners cannot automatically inherit assets. Many resort to drafting wills, but even these are contested by hostile family members. Property co-ownership is another minefield—banks often refuse joint loans or mortgages to unmarried couples.

Social Stigma and Its Legal Consequences

Familial Opposition and "Corrective" Measures

Familial pressure remains a severe issue. Many LGBTQ+ individuals face forced marriages, conversion therapy (still not banned nationwide), or disinheritance. Police often side with families in domestic disputes, leaving same-sex couples without protection.

Lack of Anti-Discrimination Laws

Hate crimes against LGBTQ+ individuals are rarely prosecuted under specific laws. Police indifference and societal bias mean violence or blackmail (e.g., threats to "out" someone) often go unpunished.

The Road Ahead: What Needs to Change?

Legislative Reforms

India urgently needs:
- A marriage equality law
- Explicit anti-discrimination protections in employment, housing, and healthcare
- Legal recognition of same-sex parenting rights

Judicial Activism

Courts must move beyond decriminalization and affirm positive rights. Recent rulings on transgender rights and live-in relationships offer hope, but same-sex couples need unambiguous legal safeguards.

Corporate and Civil Society Role

Companies can lead by implementing inclusive policies, while NGOs must push for legal literacy and support systems for LGBTQ+ couples navigating bureaucratic hostility.

The fight for equality is far from over. Until India’s laws fully recognize same-sex partnerships, love remains a legal risk.