Society

Same-Sex Marriage in India: Timeline of Equality and Rights

No. India decriminalised same-sex relations in 2018, but the Supreme Court declined to recognise same-sex marriage or civil unions in 2023 and left it to Parli…

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1860

Section 377 Enters the Law

The colonial IPC, in force from 1862, punished 'carnal intercourse against the order of nature'.

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1994

The First Court Challenge

After condoms were refused in Tihar Jail, ABVA asked the court to strike down Section 377.

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DEC 2001

Naz Foundation Goes to Court

An HIV/AIDS group argued Section 377 drove people away from health care and violated privacy.

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2 JUL 2009

Delhi High Court Reads Down 377

Consensual sex between adults in private was no longer a crime.

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11 DEC 2013

Koushal Restores the Law

The Court reversed the High Court and said only Parliament could change Section 377.

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THE ROAD

A 158-Year Road

Section 377, 1860 to 2018.

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15 APR 2014

NALSA Recognises a Third Gender

Transgender persons won the right to self-identify their gender.

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24 AUG 2017

Privacy Becomes a Fundamental Right

The Court said sexual orientation is an essential attribute of privacy.

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6 SEP 2018

Navtej Singh Johar

Consensual same-sex relations between adults were decriminalised.

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TWO QUESTIONS

Decriminalised Is Not Recognised

What 2018 and 2023 each decided.

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25 NOV 2022

Marriage Reaches the Supreme Court

Couples asked for recognition under the Special Marriage Act.

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3 MAY 2023

A Committee, Not Marriage

The Centre offered a Cabinet Secretary committee on practical rights.

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17 OCT 2023

No Marriage, No Civil Union

The Court left marriage to Parliament; civil unions were refused 3 to 2.

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THE SPLIT

How the Five Judges Divided

The majority view is binding.

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THE CASE

From Petition to Review

November 2022 to January 2025.

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16 APR 2024

Committee Notified

It took up ration cards, bank accounts and harassment.

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15 JUL 2024

Equal Prison Visits

Partners of LGBTQ+ prisoners must get the same visiting rights.

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28 AUG 2024

Joint Bank Accounts

Queer partners can open joint accounts and name each other as nominee.

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AFTER THE VERDICT

What the Government Changed

Advisories, not legislation.

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9 JAN 2025

Review Dismissed

A new five-judge bench found no error in the 2023 judgment.

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22 MAY 2025

A Couple Can Be a Family

The court freed a woman confined by her family and protected the couple.

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NOVEMBER 2026

Where Queer Couples Stand

No marriage law yet.

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