Is Being in a Same-Sex Relationship Still Criminalised in India?
No — that changed in 2018, though full relationship recognition (like marriage) is a separate, still-unresolved question.
In Navtej Singh Johar v. Union of India (2018), the Supreme Court struck down the part of the old Section 377 that criminalised consensual same-sex relations between adults, holding it unconstitutional as a violation of dignity, privacy and equality. Consensual same-sex relationships between adults are not a criminal offence in India.
Section 377 itself wasn't fully repealed — the remaining, non-consent-based parts (covering non-consensual acts) still exist in some form; BNS carried forward general provisions on non-consensual/unnatural sexual offences separately, but consensual adult same-sex activity is not covered by any of them.
In Supriyo v. Union of India (2023), the Supreme Court declined to legally recognise same-sex marriage itself, holding that was a matter for Parliament to legislate on — so while the relationship itself is fully legal, formal marriage recognition, and the legal rights that flow from it (inheritance, adoption, joint accounts as a married couple), remain unresolved and dependent on future legislation.
The constitutional dignity/privacy right Navtej Johar was decided on
The case law behind this
Still wondering about...
So is same-sex marriage legal in India?
Related questions
Do Daughters Have Equal Inheritance Rights as Sons?
Yes, by law — and it applies whether or not the father is alive, and even if he died before the law changed.
What Happens If Someone Dies Without a Will?
Property doesn't just sit in limbo — the law has a specific, fixed order for who inherits.
What Legal Protections Do Transgender Persons Have in India?
The right to self-identify your gender is constitutionally recognised — not something that needs anyone else's approval.
Heading to a protest? Know the full picture first.
This FAQ covers the specifics — our complete guide covers everything about police stops, arrest and detention in one place.
Open the Full GuideAdhikar is an independent citizen-awareness platform, not a Government of India website and doesn't take a position on the NEET protests themselves — this is general information about rights every student already has, not legal advice for a specific situation. For that, contact a lawyer or the free legal aid helpline (15100).