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Recognition of same-sex unions in India

Part of the LGBT rights series
Marriage

Recognized

Civil unions and
registered partnerships
Minimal recognition
See also
Notes
  1. KoN: Performed in the Netherlands proper, including the Caribbean Netherlands. Registered in Aruba, Curaçao and Sint Maarten in such cases, but the rights of marriage are not guaranteed.
  2. NZ: Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.
  3. UK: Neither performed nor recognized in six British Overseas Territories.
  4. US: Neither performed nor recognized in some tribal nations. Recognized but not performed in several other tribal nations and American Samoa.
  5. Israel: Registered foreign marriages confer all marriage rights. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities.
  6. EU: The Coman v. Romania ruling of the European Court of Justice obliges the state to provide residency rights for the foreign spouses of EU citizens. All EU member states except Romania follow the ruling.
  7. Cambodia: Recognition of a "declaration of family relationship", which may be useful in matters such as housing, but they are not legally binding.
  8. China: Guardianship agreements, conferring some limited legal benefits, including decisions about medical and personal care.
  9. HK: Inheritance, guardianship rights, and residency rights for foreign spouses of legal residents.
  10. India: Courts have recognised guru–shishya, nata pratha or maitri karar–type contractual relationships, but they are not legally binding.
  11. Japan: Some cities and prefectures issue partnership certificates, but they are not legally binding.
  12. Namibia: Marriages conducted abroad between a Namibian national and a foreign spouse recognized for residency rights.
  13. Romania: Hospital visitation rights through a "legal representative" status.
* Not yet in effect
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India does not recognise same-sex marriage, civil unions or other forms of partnerships, but provides some limited legal recognition to cohabiting same-sex couples in the form of live-in relationships.[1][2] Several same-sex couples have married in traditional Hindu ceremonies since the late 1980s; however, these marriages are not registered with the state and couples do not enjoy all the same rights and benefits as married opposite-sex couples.[3][4] The Supreme Court of India in August 2022 provided social security rights to those in same-sex live-in relationships while also recognising same-sex couples as being part of a "family unit".[5]

In October 2023, the Supreme Court declined to legalise same-sex marriage or civil unions and left the matter up to the Parliament or the state legislatures to decide.[6][7] Despite the legal requirement to register all marriages with the government, the majority of Hindu marriages are not registered with the government and are instead conducted through unwritten common law.[8][9][10]

Since the 2010s, courts in several states, including Gujarat, Himachal Pradesh, Kerala, Odisha, Punjab, Uttar Pradesh and Uttarakhand, have ruled on an individual basis that live-in relationships between same-sex couples are not unlawful and entitled to legal protection. This has often only entailed limited inheritance benefits or police protection from family. Courts have also recognised guru–shishya, nātā prathā or maitri karar-type contractual relationships.

  1. ^ Mathur, Vaishali (June 2020). "Homosexual Live-in relationship in India: Socio Legal Dimension in reference to Right to life or Social stigma". International Journal of Psychosocial Rehabilitation. 24 (8): 14989–14995. ISSN 1475-7192.
  2. ^ "Indian High Court Reaffirms Same-sex Couples' Right to Cohabitation". Human Rights Pulse. 9 August 2020. Retrieved 5 January 2024.
  3. ^ Cite error: The named reference hindu2 was invoked but never defined (see the help page).
  4. ^ Cite error: The named reference hindu3 was invoked but never defined (see the help page).
  5. ^ Livemint (28 August 2022). "Supreme Court on unmarried partnerships, queer relationships: 'Family unit..'". mint. Retrieved 5 January 2024.
  6. ^ Staff, The Wire (17 October 2023). "SC Doesn't Legalise Marriage Equality, 2 of 5 Judges Says Queer Couples Must Be Given Legal Rights". The Wire. New Delhi. Archived from the original on 17 October 2023. Retrieved 17 October 2023.
  7. ^ Ahsan, Sofi (17 October 2023). "States free to enact laws recognising same-sex marriage in absence of central law: Supreme Court". Bar and Bench - Indian Legal news. Retrieved 18 October 2023.
  8. ^ "Most marriages not registered despite Act making it mandatory". The Times of India. 13 August 2015. ISSN 0971-8257. Retrieved 22 December 2023.
  9. ^ Johari, Aarefa (16 July 2017). "Should marriage registration be mandatory? Only if the process is simplified, say couples". Scroll.in. Retrieved 5 January 2024.
  10. ^ "India: Supreme Court Rules on Mandatory Marriage Registration". Library of Congress, Washington, D.C. 20540 USA. Retrieved 5 January 2024.

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