The Indian government opposes the legalisation of same-sex marriage, stating it undermines religious and social values. The supreme court hears LGBTQ petitions for marriage and equality, the most significant challenge since the 2018 judgment on the criminalisation of homosexuality. The Hindu nationalist government argues “a valid marriage is only between a biological male and a biological woman” and should be made by parliament not the courts. Lawyers and petitioners are optimistic, emphasising the Supreme Court’s significant rulings on LGBTQ rights, and believe same-sex marriage would signal a step forward in acceptance for India.

The Indian government has opposed the legalization of same-sex marriage, calling it an “urban elitist concept” that conflicts with religious and social values. The country’s highest court is hearing petitions from LGBTQ couples and activists who are demanding equality under the law. It is the most significant challenge to the gay rights status-quo since 2018 when the supreme court struck down a colonial era law criminalizing homosexuality. The Modi government submitted a strongly worded affidavit to the supreme court expressing its opposition to same-sex marriage and seeking to get the case thrown out of court. The challenge to gay rights comes amid a gradual societal shift in India, where LGBTQ people are becoming more visible in popular culture and pride marches. The case also covers the rights of same-sex couples to adopt children and have their families recognized, as well as the rights of trans people. If same-sex marriage is legalized, India would be the second country in Asia to do so, after Taiwan.