Tracing the Legal Invisibility and Challenges of Same-Sex Couples in India

Title

Tracing the Legal Invisibility and Challenges of Same-Sex Couples in India

Creator

Mahajan, Apurva; NarayanaJ., Adi

Description

Although the Supreme Court's decision in Supriyo v. Union of India (2023) concerning marriage equality rights of same-sex couples has gained public attention, couples continue to face legal invisibility as the Court left the question of legal recognition to parliament. This study examines the legal challenges faced by same-sex couples in India in accessing marriage, family formation, healthcare and housing rights and seeks to understand their lived experiences in the context of limited legal recognition. It highlights how the lack of recognition deepens social vulnerability while also exposing couples to discrimination and, in some cases, abuse. Semi-structured, in-depth interviews were conducted with 25 couples recruited via snowball sampling, and data were thematically analyzed. The findings reveal that the participants continue to face legal blockades in exercising their rights, underscoring the need for urgent legislative reform. 2026 Policy Studies Organization.

Source

Sexuality, Gender and Policy;Volume;9;Issue;2;Article No.;e70054;

Date

01-01-2026

Publisher

John Wiley and Sons Inc

Subject

homosexuality; India; legal recognition; LGBTQ+; queer; same-sex marriage; stigma

Coverage

Mahajan A., Department of Law, Christ (Deemed to Be University), Bangalore, India, School of Law, Christ (Deemed to Be University), Bangalore, India; NarayanaJ. A., Department of Law, Christ (Deemed to Be University), Bangalore, India, School of Law, Christ (Deemed to Be University), Bangalore, India

Rights

Restricted Access; Hardcopy may be available in the library

Relation

ISSN: 26395355;

Format

online

Language

English

Type

Article

Identifier

https://doi.org/10.1002/sgp2.70054

https://www.scopus.com/pages/publications/105037071262?origin=resultslist