Explainer: Recognition of same-sex marriages

On March 13, 2023, Indian apex court transferred a plea for recognition of same-sex marriages to the constitutional bench. Justice DY Chandrachud, PS Narasimha and JB Pardiwala listed the hearing from April 18, 2023.

In an affidavit, Indian government has opposed the plea seeking legal recognition of same-sex marriages. Indian government said that marriage is accepted ‘statutorily, religiously and socially’ only between a biological man and a woman. The affidavit argued that any deviation from this accepted form could only be voted by lawmakers and not ruled by courts.