Same-Sex Marriage Implementation: What the Supreme Court ordered after the Supriyo judgment
In Supriyo Chakraborty vs Union of India (October 2023), a five-judge Constitution bench held that marriage is for Parliament to legislate, not for the Court to create. But it directed the government to form a committee to examine what rights and benefits could be granted to queer couples without legislation.
That committee, chaired by the Cabinet Secretary, submitted its report in December 2024. In September 2025, the Supreme Court directed the government to implement its recommendations within six months.
What the committee recommended — and the Court ordered
| Right | What It Means |
|---|---|
| Nomination rights | Queer couples can nominate each other for bank accounts, insurance, and pension benefits |
| Hospital visitation and medical decisions | Partners have the right to visit each other in hospital and make medical decisions on each other's behalf |
| Recognition as "family" | For ration cards, housing schemes, and other social welfare legislation, a "family" includes any two adults living together in a shared household, regardless of marital status or gender |
| Right to cohabit | Queer couples have the right to live together without interference from family, police, or landlords — flowing from Article 21 |
What the Court did NOT do
The Court did not legalise same-sex marriage. The 2023 judgment stands. Marriage remains a legislative question. What the Court did was extend specific rights and benefits within the existing legal framework — a pragmatic approach that avoids the marriage question while addressing the most immediate forms of discrimination.
Prelims trap
"The Supreme Court legalised same-sex marriage in India." False — in both 2023 and 2025. The Court declined to do so and has consistently held that marriage is for Parliament. What the Court did was extend specific rights and redefine "family" for welfare purposes.
Part of: Supreme Court Judgments: July to September 2025
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Source: Supreme Court of India, judgment dated September 2025.