On 6th September 2018, consensual gay sex was legalised by India's Supreme Court. But even then, India is yet to consider same sex marriages as legal, the Government told Parliament on 6th of February, 2020. Same sex couples cannot even register their marriage as per the Indian law, that Law Ministry put forth the contention in the Rajya Sabha further adding that no proposal for legalisation of same sex marriage has been taken in the country.
The Union Law minister Ravi Shankar Prasad addressed the questions on "Marriage equality for same-sex couples" by the All India Trinamool Congress (TMC) parliamentarian Derek O Brien. O' Brien asked, “Whether same-sex couples can register their marriage as per Indian law, if so, the details thereof, if not, the reasons thereof.”
In a written reply by Prasad, he said, "No, sir."
O'Brien further asked whether the government has taken any steps to further encourage the marriage and provide equality to the same sex couples. To this, the Law Minister put forth the "no proposal to legalise same sex marriage"
reply. The Centre in 2018 did not oppose the decriminalisation of Section 377
of the Indian Penal Code, 1860
and Prasad therein had said that sexual preferences can be a personal choice. In the landmark judgment of Navtej Singh Johar v. Union of India
in 2018, the then CJI of India Dipak Misra had said,"Only Constitutional morality and not social morality can be allowed to permeate rule of law… Sexual orientation is one of the many natural phenomenon. Any discrimination on basis of sexual orientation amounts to violation of fundamental rights. After judgement in Puttuswamy case, privacy has been raised to fundamental right."
Author - Dyuti Pandya