Abstract

While India’s Supreme Court recently declined to legalize same-sex marriages, there are rays of hope amid the complex and somewhat disappointing decision. This ruling followed extensive hearings and the consideration of 21 petitions by same-sex couples and activists, a case that had raised expectations for a historic shift toward marriage equality. Rather than immediately granting legal recognition to same-sex unions, the court opted to accept the government’s proposal to establish a committee. This committee will explore extending legal rights and benefits to same-sex couples, signaling a willingness to engage with the issue. The petitioners had passionately argued that the denial of marriage rights violated their constitutional guarantees, rendering them “second-class citizens.” Their proposed solution was seemingly straightforward: amending the Special Marriage Act to make it inclusive of same-sex unions.

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