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The rights of the LGBTQ+ community in India have been widely debated over the past few years. In 2018, Supreme Court’s historic Navtej Singh Johar VS Union of India judgment struck down Article 377 and decriminalized homosexuality. This was a great victory for individual liberty, although the right to legal marriage was not yet achieved. In October 2023, the Supreme Court refused to legalize same-sex marriage, and in January 2025, it also dismissed review petitions against the decision. The court clarified that Parliament has the right to make laws. Because of this, homosexuals are constantly demanding the right to marry.

Same-sex couples need the right to marry not only for social recognition, but also for many basic legal and economic rights in everyday life.

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Property and Inheritance: Currently, same-sex couples do not legally inherit each other’s property. If the marriage is not recognized, there are many legal difficulties in transferring the assets of one partner to the other after his death.

Right to adopt a child: As per the current rules in India, same-sex or live-in couples are not allowed to jointly adopt a child. The right to marry would pave the way for them to become parents together and have family status.

Banking and insurance facilities: Unlike married couples, same-sex couples cannot easily open joint bank accounts or face difficulties in being co-applicants for home loans. Also, they absolutely do not get the right to appoint their same-sex partner as a ‘nominee’ in the insurance policy.

Rights and medical decisions as a couple: A same-sex partner is not considered a legal relative in the event of an emergency, such as consenting to surgery during a critical illness in hospital.

What problems faced while projecting on the LGBTQ community, Nakshatra Bagwe also gave an important comment about the family.

Divorce and alimony protection: Unfortunately, same-sex couples are not afforded divorce, alimony and custody rights that men or women enjoy under the law if the relationship fails.

In short, because of the repeal of Article 377, being homosexual is no longer a crime, but because of the denial of the right to marry, they are receiving secondary treatment in the eyes of society and the law. The right to marriage is not just a religious ritual but a foundation for living with dignity, securing property and obtaining legal protection, hence the demand of homosexuals.