The Supreme Court of India has refused to grant legal recognition to same-sex marriages.

The constitution bench of five judges, including Chief Justice of India Dhananjaya Y Chandrachud, held that it is the responsibility of the Parliament and state legislatures to create and grant legal validation to such institutions. The judges unanimously stated that it is not within the court's authority to issue a positive direction to the legislature to accord legal recognition to same-sex marriages.

The court's decision also confirmed that queer couples have the right to cohabit without any threat of violence, coercion, or interference. However, the judges were divided on whether there could be a right to form civil unions or grant a bouquet of benefits to non-heterosexual couples as permissible under the law. The Chief Justice and one other judge ruled in favor of recognizing a right to form a civil union, but the majority of judges emphasized that the right to marry is not an unqualified fundamental right under the Constitution and, therefore, cannot be legally enforceable.

In addition, the court held that non-heterosexual couples cannot be granted the right to jointly adopt a child. The court's decision followed a lengthy hearing in which various parties challenged the constitutionality of existing marriage laws that denied same-sex couples the right to marry. They argued for the legal recognition of same-sex marriages, citing previous judgments related to decriminalizing sexuality and the right to privacy.

The Indian government maintained that legislative policy and compelling state interest support only heterosexual marriage. It argued that legal recognition of same-sex marital unions would disrupt the balance of personal laws in the country and go against accepted societal values. The government also contended that the definition of marriage as the union of a man and a woman is deeply ingrained in cultural and legal traditions.

Despite refusing to grant legal recognition to same-sex marriages, the court did agree to set up a high-powered committee to examine the concerns of same-sex couples and suggest corrective measures. This committee is headed by the cabinet secretary and will consider administrative steps for ensuring certain benefits for same-sex couples in the absence of legal recognition of marriage. The court refrained from making any declarations regarding the acceptance of rights for same-sex couples or their relationships.