Same-Sex Marriage and Legal Rights in Asia
India presents a complex landscape for same-sex unions. Although it is not the most oppressive Asian country for LGBTQ+ individuals, it lags in granting legal recognition to same-sex marriages. In 2023, the Indian Supreme Court declined to protect same-sex marriage rights, a decision upheld in 2025.
Legal Developments in Asia
- Thailand:
- In 2024, Thailand ratified same-sex marriage through votes in both Houses of Parliament, making it the largest Asian nation to do so.
- Taiwan:
- First Asian country to legalise same-sex marriage in 2017 through a Constitutional Court ruling.
- Implemented a separate marriage law in 2019, granting almost equal rights to same-sex marriages.
- In 2023, Taiwan amended its laws to allow same-sex couples to adopt jointly.
- Nepal:
- Began temporary registration of same-sex marriages in 2023 after a Supreme Court order.
Historical Context in India
Same-sex marriages by Hindu rites have been occurring since at least 1987, often involving non-English speaking, low-income women from diverse backgrounds. Despite societal challenges, some families have supported these unions.
Supreme Court Stance
The Indian Supreme Court acknowledged same-sex unions as part of Indian culture but did not grant them constitutional recognition, leaving it to Parliament to make legislative changes.
Legal Disadvantages
- Same-sex couples lack rights such as medical decision-making, inheritance without a will, and spousal benefits that are automatically available to cross-sex couples.
- Indians legally married to same-sex spouses abroad face dual legal statuses, being married internationally but single in India.
Cultural and Religious Context
Countries like Nepal, Taiwan, and Thailand, with significant Buddhist or Hindu populations, have a more permissive stance towards homosexuality. This is in contrast to many Abrahamic religions that view homosexuality as a severe crime.
India, a diverse democracy, allows polygamy for Muslims but has not yet extended marriage equality to same-sex couples, a step taken by other Asian democracies.
