Same-Sex Marriage and India’s Constitutional Impasse

This paper examines the constitutional and legal debate surrounding same-sex marriage in India, with particular focus on the Supreme Court’s decision in Supriyo Chakraborty v. Union of India Judgment. It traces the historical treatment of homosexuality in India, beginning with references in ancient texts and cultural practices, followed by the criminalization introduced during British colonial rule through Section 377 of the Indian Penal Code. The paper further analyses major judicial developments, including Naz Foundation v. Government of NCT of Delhi and Navtej Singh Johar v. Union of India, which ultimately decriminalised consensual same-sex relations. The study critically evaluates the constitutional arguments raised in Supriyo, particularly arguments given by honourable judges concerning equality, dignity, privacy, and the right to form unions. It evaluates each judge's reasoning over the matter. The paper also highlights unresolved issues such as adoption rights, civil unions, inheritance, and legal recognition of queer relationships. It concludes that while same-sex marriage remains unrecognized in India, evolving constitutional values and changing public opinion continue to shape the discourse on LGBTQ+ rights and equality.