Is Girl And Girl Marriage Legal In India

In India, marriage between two women is not legally recognized. The current laws do not allow same-sex marriages, including girl and girl marriages. There are no exceptions, and enforcement is strict as per existing marriage laws.

Understanding Marriage Laws in India

Marriage laws in India are mainly governed by personal laws based on religion and the Special Marriage Act for civil marriages. None of these laws currently recognize same-sex marriages. This means that girl and girl marriages have no legal status.

The Indian legal system has not yet passed any law that allows marriage between two women. Courts have acknowledged LGBTQ+ rights in some contexts but have not legalized same-sex marriage.

• The Hindu Marriage Act, applicable to Hindus, does not include provisions for same-sex marriage, limiting marriage to opposite-sex couples only.

• The Special Marriage Act allows civil marriages but defines marriage as between a man and a woman, excluding same-sex couples.

• Other religious personal laws, such as Muslim, Christian, and Parsi laws, also do not recognize same-sex marriages.

• There is no separate legal framework or registration process for same-sex marriages in India at this time.

Because of these legal restrictions, girl and girl marriages cannot be officially registered or recognized under Indian law.

Rights and Restrictions for Same-Sex Couples

Since girl and girl marriages are not legally recognized, couples do not receive the rights granted to married couples. This affects areas like inheritance, taxation, adoption, and spousal benefits.

Without legal recognition, same-sex couples face many challenges in accessing rights that married couples enjoy by law.

• Same-sex couples cannot file joint tax returns or claim spousal tax benefits under Indian law.

• Inheritance rights are limited because the law does not recognize the surviving partner as a legal spouse.

• Adoption laws do not currently allow same-sex couples to adopt jointly or as spouses.

• Spousal benefits such as health insurance, pension, and medical decision-making rights are not available to same-sex partners.

These restrictions highlight the gap between legal recognition and the lived realities of same-sex couples in India.

Enforcement and Social Reality

Though the law does not recognize girl and girl marriages, enforcement focuses mainly on official registration and legal documentation. Social acceptance varies widely across India.

Some same-sex couples live together without legal recognition, but they face risks related to property, healthcare, and social stigma.

• Authorities do not register same-sex marriages, so couples cannot obtain marriage certificates or legal proof of their union.

• Police and courts generally do not recognize same-sex marriages in disputes or legal matters.

• Social acceptance is limited, with many couples facing discrimination or family rejection.

• Some urban areas have more supportive communities, but legal protections remain absent nationwide.

The lack of legal recognition combined with social challenges makes it difficult for girl and girl couples to fully enjoy partnership rights in India.

Common Misunderstandings About Same-Sex Marriage in India

Many people confuse the decriminalization of homosexuality with the legalization of same-sex marriage. These are separate legal issues in India.

Another misunderstanding is that some personal laws might allow same-sex marriages, but this is not true under current statutes.

• Decriminalization of Section 377 in 2018 removed criminal penalties for consensual same-sex relations but did not legalize same-sex marriage.

• Some believe the Special Marriage Act allows same-sex marriage, but it explicitly defines marriage as between a man and a woman.

• There is no legal recognition of same-sex marriage through court rulings or legislation as of 2026.

• Social acceptance does not equal legal rights; informal ceremonies have no legal standing.

Understanding these distinctions is important for anyone seeking clarity on same-sex marriage legality in India.

Parental Consent and Guardian Exceptions

In India, parental consent is required for marriage if either party is under 21 for males and under 18 for females. However, this applies only to legally recognized marriages.

Since girl and girl marriages are not legally recognized, parental consent or guardian exceptions do not apply to them under current law.

• Legal marriage age rules apply only to opposite-sex marriages recognized by law.

• Same-sex couples cannot legally marry, so parental consent is not a factor in legal terms.

• Informal ceremonies without legal recognition do not require parental consent under the law.

• Parental consent laws do not provide any exceptions or protections for same-sex couples.

This means that legal protections related to age and consent do not extend to girl and girl marriages in India.

Comparison with Nearby Jurisdictions

India’s stance on same-sex marriage differs from some nearby countries where such marriages are legal or recognized. This comparison helps understand regional legal trends.

While India does not recognize girl and girl marriages, some countries in Asia have legalized or allowed civil unions for same-sex couples.

• In Nepal, same-sex marriage is not fully legal but the constitution recognizes LGBTQ+ rights and allows some protections.

• Pakistan does not recognize same-sex marriage and has strict laws against homosexuality.

• Bangladesh does not recognize same-sex marriage and criminalizes homosexual acts.

• Thailand allows civil partnerships for same-sex couples but has not legalized marriage.

India remains among countries in the region without legal recognition of girl and girl marriages, reflecting a conservative legal approach.

Recent Legal Developments and Court Interpretations

Recent years have seen important court rulings on LGBTQ+ rights in India, but none have legalized same-sex marriage yet.

The Supreme Court has decriminalized homosexuality and emphasized equality but stopped short of recognizing same-sex marriage.

• The 2018 Navtej Singh Johar case decriminalized consensual same-sex relations but did not address marriage rights.

• Petitions seeking legal recognition of same-sex marriage are pending in courts but have not resulted in changes.

• Some lower courts have expressed support for LGBTQ+ rights but have no binding authority to legalize marriage.

• Legislative changes to allow same-sex marriage have not been introduced or passed in Parliament.

While progress on LGBTQ+ rights continues, legal recognition of girl and girl marriages in India remains unavailable as of 2026.

Conclusion

Girl and girl marriages are not legally recognized in India under current laws. There are no exceptions or legal protections for such unions, and enforcement strictly follows existing marriage laws.

Without legal recognition, same-sex couples face many challenges in accessing rights and benefits. Social acceptance is growing in some areas, but legal change is still needed to provide full equality.

Understanding the current legal framework helps clarify the status of girl and girl marriages in India and the ongoing efforts for LGBTQ+ rights.

FAQs

Is it illegal for two women to live together in India?

No, it is not illegal for two women to live together. However, their relationship is not legally recognized as marriage, so they lack legal protections afforded to married couples.

Can same-sex couples adopt children in India?

Currently, same-sex couples cannot legally adopt children as a couple. Adoption laws do not recognize same-sex partnerships for joint adoption purposes.

Are there any penalties for attempting a same-sex marriage in India?

There are no specific penalties for attempting a same-sex marriage, but such marriages cannot be legally registered or recognized under Indian law.

Does parental consent affect same-sex marriage legality?

Parental consent laws apply only to legally recognized marriages. Since same-sex marriages are not recognized, parental consent is not relevant.

Are there any ongoing efforts to legalize same-sex marriage in India?

Yes, petitions and advocacy efforts exist, but as of 2026, no law or court ruling has legalized same-sex marriage in India.