Madras High Court: Same-Sex Couples Can Constitute a Family Despite No Legalisation of Marriage

The Madras High Court has observed that, although the Supreme Court has not legalised same-sex marriage in India, same-sex couples are still entitled to be recognised as a “family” under the law.

The Court emphasized that the absence of legal sanction for marriage does not prevent such couples from forming a family unit and enjoying associated rights and protections.

This progressive observation came during a hearing on the rights of LGBTQIA+ individuals, reinforcing the judiciary’s commitment to equality and non-discrimination, even as legislative reforms remain pending.