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

Abstract Book of the 7th International Conference on Gender Studies and Sexuality

Year: 2026

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

Apurva Mahajan, Dr. Adinarayana J.

ABSTRACT:

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 legal recognition of such unions to the parliament. This study examines the legal challenges faced by same-sex couples in India, 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 35 same-sex couples, who were purposively recruited using snowball sampling. This approach was particularly useful since same-sex couples are a hard-to-reach population, with participants more likely to refer others within trusted circles. The initial target sample size was 40 couples; however, data saturation was achieved at the 35th interview. Data was analysed using thematic analysis. The findings suggest that the absence of formal legal recognition perpetuates the marginalization of same-sex couples in India, limiting both social legitimacy and access to fundamental rights. This absence can also be seen in institutional contexts: healthcare, insurance policies, tenancy, and banking systems, as it continues to operate on marital and familial structures limited to heterosexual couples. The study underscores that legal reform coupled with policy initiatives and public engagement can bring about change in normalizing diverse family forms.

Keywords: Same-Sex Marriage; Queer; LGBTQ+; Stigma; Legal Recognition