Recognition of same-sex unions in Uttar Pradesh

Uttar Pradesh does not recognise same-sex marriages or civil unions. However, live-in relationships are not unlawful in Uttar Pradesh. The Indian Supreme Court has held that adults have a constitutional right to live together without being married, and that police cannot interfere with consenting adults living together. The Allahabad High Court has upheld this constitutional right in multiple writ petitions, notably Sultana Mirza v. State of Uttar Pradesh in 2020 and Poonam Rani v. State of Uttar Pradesh in 2021. However, in 2022 the High Court dismissed a case seeking to legalise same-sex marriage.

Background

Marriage in India is governed under several federal laws. These laws allow for the solemnisation of marriages according to different religions, notably Hinduism, Christianity, and Islam. Every citizen has the right to choose which law will apply to them based on their community or religion. These laws are the Hindu Marriage Act, 1955,[1] which governs matters of marriage, separation and divorce for Hindus, Jains, Buddhists and Sikhs, the Indian Christian Marriage Act, 1872,[2] and the Muslim Personal Law (Shariat) Application Act, 1937.[3] In addition, the Parsi Marriage and Divorce Act, 1936 and the Anand Marriage Act, 1909 regulate the marriages of Parsis and Sikhs.[4][5] The Special Marriage Act, 1954 (SMA) allows all Indian citizens to marry regardless of the religion of either party.[6] Marriage officers appointed by the government may solemnise and register marriages contracted under the SMA, which are registered with the state as a civil contract. The act is particularly popular among interfaith couples, inter-caste couples, and spouses with no religious beliefs.[7] None of these acts explicitly bans same-sex marriage.

On 14 February 2006, the Supreme Court of India ruled in Smt. Seema v. Ashwani Kumar that the states and union territories are obliged to register all marriages performed under the federal laws. The court's ruling was expected to reduce instances of child marriages, bigamy, domestic violence and unlawful abandonment.[8] In 2017, the state government published the Uttar Pradesh Marriage Registration Rules, 2017. The measure provides for the registration of all marriages solemnised in Uttar Pradesh irrespective of the religion of the parties. It created local registrars of marriages, which shall issue marriage certificates upon reception of memorandums of marriage filed by the spouses. The registrar may refuse to issue the license if the parties fail to meet the requirements to marry under the national law of their religion or community. The measure does not explicitly prohibit same-sex marriages. Previously, Hindu marriages were registered under the Uttar Pradesh Hindu Marriage Registration Rules, 1973, but the enactment of a uniform compulsory marriage registration law stalled due to opposition from the Muslim community. Prior to 2017, Uttar Pradesh had been one of only two states not to have enacted compulsory marriage regulations, along with Nagaland.[9]

Some same-sex couples have married in traditional marriage ceremonies, though the marriages lack legal status in Uttar Pradesh. In 2004, two young Muslim men were married in Ghaziabad, but were physically assaulted by family members when it was reported that they intended to continue living together.[10] In 2018, a lesbian couple, classmates at a local college, were married at a mass wedding event in Agra after one of them dressed as male. After being tipped off by another student of the college, the couple's family members urged them to separate. Both women, who insisted on living together, were taken to a local police station, which later chose not to take any action against the couple.[11][12] In December 2018, two women applied to marry at the local registrar's office in Hamirpur, but officials refused to register the union citing lack of relevant legal provisions.[13][14] Additionally, in June 2019 two women in Muzaffarnagar asked for police protection from their families in order to be allowed to marry.[15]

Live-in relationships

Recognition of same-sex unions in India

Live-in relationships (Hindi: सहवास संबंध,[16] sahvās sambandh, pronounced [ˈsəɦʋaːs ˈsəmbə̃ndʱ], or लिव-इन रिलेशनशिप,[17] liv-in rileśanśip; Urdu: اکٹھے رہنے کا تعلق, akathē rahnē kā ta'alluq) are not illegal in Uttar Pradesh. The Indian Supreme Court has held that adults have a constitutional right to live together without being married, that police cannot interfere with consenting adults living together, and that live-in relationships are not unlawful. State courts have upheld this constitutional right, and further ruled that if a couple faces threats from family or the community they may request police protection. However, live-in relationships do not confer all the legal rights and benefits of marriage.

The Allahabad High Court has issued two judgments regarding same-sex live-in relationships. Citing the Supreme Court's ruling in Navtej Singh Johar v. Union of India, which decriminalized homosexuality in India in 2018, the High Court held in November 2020 that sexual orientation constitutes an inherent aspect of the constitutional rights to liberty, dignity, privacy, personal autonomy and equality. Further, it affirmed that the courts must protect same-sex couples from discrimination, emphasizing constitutional morality over popular norms, and ordered police protection for couples facing family interference and harassment.[18][19][20] The High Court reiterated this precedent in January 2021 in Poonam Rani v. State of Uttar Pradesh, recognizing the right of same-sex couples to live together as an inherent part of liberty and dignity guaranteed by Article 21 of the Constitution.[21] Both writ petitions were filed by same-sex partners who sought protection against threats to their lives by family members and the community. Additionally, the verdict in Poonam Rani explicitly highlighted the legal right of live-in same-sex couples to equal protection under the law.[22][23]

2022 writ petition

In April 2022, the Allahabad High Court dismissed a case brought by a Hindu lesbian couple in Prayagraj who wished to marry under the Hindu Marriage Act. The court also dismissed a habeas corpus petition brought by the mother of one of the spouses, who claimed that her daughter had been kidnapped.[24][25] The state government intervened politically in the case to signal its opposition to same-sex marriages, "As per the Indian law and culture, a biological husband and wife have are essential for marriage, and only their marriage has been recognised. In their absence, homosexual marriage cannot be recognised as it lacks male and female and neither can they produce children. Marriage is considered important in Hindu law, under which both men and women live together and carry forward the human chain by producing children."[26]

Transgender and intersex issues

Like most of South Asia, Uttar Pradesh recognizes a traditional third gender community known as hijra (हिजड़ा,[27] ہِجڑا, hijṛā), historically holding respected community roles, and known for their distinct culture, communities led by gurus, and traditional roles as performers. The Supreme Court's 2023 ruling in Supriyo v. Union of India held that the Indian Constitution does not require the legalisation of same-sex marriages but affirmed that transgender people may marry opposite-sex partners.[28][29] In December 2014, media outlets reported the story of a woman who "changed her gender" in order to marry her partner in Kannauj. It is unclear if the woman was transgender, but media reported that she underwent a gender change operation to avoid her "family's fear of social disgrace over a same-sex marriage".[30][31]

In 2021, a man in Kanpur filed a lawsuit against his in-laws accusing them of misleading him into marrying a transgender woman.[32]

Public opinion

According to a 2019 report titled "Politics and Society Between Elections 2019", published by the Azim Premji Foundation and the Centre for the Study of Developing Societies, Uttar Pradesh ranked among the most supportive states and union territories regarding same-sex unions, followed by Delhi and Tamil Nadu.[33][34]

See also

References

  1. ^ "Hindu Marriage Act, 1955" (PDF). bokakhat. Retrieved September 5, 2022.
  2. ^ "The Indian Christian Marriage Act, 1872". lawyerslaw.org. Retrieved 4 June 2018.
  3. ^ "Muslim Personal Law (Shariat) Application Act, 1937" (PDF). legislative.gov.in. Retrieved September 6, 2022.
  4. ^ "Parsi Marriage and Divorce Act, 1936" (PDF). www.indiacode.nic.in. Retrieved September 6, 2022.
  5. ^ "Anand Marriage Act, 1909" (PDF). legislative.gov.in. Retrieved September 6, 2022.
  6. ^ "विशेष वििाह अविवियम, 1954" (PDF). India Code (in Hindi). Retrieved 14 December 2025.
  7. ^ "The Special Marriage Act, 1954" (PDF). legislative.gov. Retrieved September 5, 2022.
  8. ^ "Case Study: Smt Seema v. Ashwin Kumar". Legal Wires. 21 October 2022.
  9. ^ "Yogi Adityanath government makes marriage registration mandatory". The Times of India. 2 August 2017.
  10. ^ "Supriyo v. Union of India" (PDF). main.sci.gov.in. p. 86. Retrieved 19 November 2023.
  11. ^ "Same sex marriage: Agra sees a different love story". Deccan Herald. 23 April 2018.
  12. ^ Pandey, Sanjay (23 April 2018). "Same sex marriage: Agra sees a different love story". The Times of India.
  13. ^ "Two lesbians in India divorce husbands to marry each other". PinkNews. 2 January 2019.
  14. ^ "Uttar Pradesh: Two Women Get 'Married' in Hamirpur; Demand Social Recognition". India Today. 30 December 2018.
  15. ^ "Lesbian couple in Uttar Pradesh village seeks police protection to marry". India Today. 20 June 2019.
  16. ^ Garg, Rekha. "Live in Relationship: असुरक्षित सहजीवन पर विचार करें". Hindi News18 (in Hindi).
  17. ^ Raj, Ankit (18 November 2022). "क्या होता है लिव-इन रिलेशनशिप, भारत में इसे लेकर क्या है कानून?". Jansatta (in Hindi).
  18. ^ "Allahabad HC Asks Shamli SP To Give Protection To a Same-Sex Couple". The Wire. Retrieved 2021-06-09.
  19. ^ Quint, The (2020-11-04). "'Duty Bound': HC Asks Cops to Give Protection to Same-Sex Couple". TheQuint. Retrieved 2021-06-09.
  20. ^ Sultana Mirza & Anr. v. State Of Uttar Pradesh & Ors., WRIT-C. No. 17394 of 2020 (Allahabad High Court 2 November 2020), Text.
  21. ^ "Poonam Rani v. State of Uttar Pradesh". South Asian Translaw Database. Retrieved 30 September 2023.
  22. ^ Upadhyay, Sparsh (2021-01-28). "Same-Sex Couple Facing Discrimination:Allahabad High Court Calls It 'Stark Reality Of Society', Grants Them Protection". www.livelaw.in. Retrieved 2021-06-09.
  23. ^ Poonam Rani v. State of Uttar Pradesh, WRIT-C No. 1213 of 2021 (Allahabad High Court 20 January 2021), Text.
  24. ^ "High Court Rejects Plea By 2 Women Over Same-Sex "Marriage". Here's Why". NDTV. 14 April 2022.
  25. ^ "Allahabad HC rejects 2 women's plea to recognise their 'marriage'". National Herald India. 14 April 2022.
  26. ^ "UP Govt Opposes Same-Sex Marriage, Calls It 'Against Indian Culture' At Allahabad High Court". The Logical Indian. 15 April 2023.
  27. ^ "Hijra Festival: पाकिस्तान में मनाया जाता है हिजड़ा फेस्टिवल, जानें किन-किन देशों में होता है ऐसा त्योहार?". abp live (in Hindi). 31 October 2025.
  28. ^ Singh Bhutyal, Rajeev Pratap; Arya, Swasti (27 May 2024). ""Legal Progression & Social Implications Case Comment on Supriyo Chakraborty & Anr v. Union Of India"". Manupatra.
  29. ^ "انڈین سپریم کورٹ نے ہم جنس پرستوں کی شادی قانونی قرار دینے کی اپیل مسترد کر دی، 'پارلیمان شادی سے متعلق قوانین وضع کرے'". BBC News (in Urdu). 17 October 2023.
  30. ^ "Same-Sex Couple In Uttar Pradesh Gets Gender Change To Get Married". NDTV. 21 December 2024.
  31. ^ "Uttar Pradesh: Woman changes her gender to become a man and marry lady lover". The Telegraph. 21 December 2014.
  32. ^ "Uttar Pradesh: Kanpur Man Files FIR Against His In-Laws For Misleading Him To Marry A Transgender". The Times of India. 21 June 2021.
  33. ^ "Section 377 anniversary: Half of country still doesn't approve of same sex relationships". India Today.
  34. ^ "Politics and Society Between Elections 2019" (PDF). Lokniti. 2019.
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