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There are no legal restrictions against gay sex within India. Same-sex couples have some limited cohabitation rights, colloquially known as live-in relationships. [ 5 ] [ 6 ] However, India does not currently provide for common-law marriage , same-sex marriage , civil union or unregistered cohabitation .
Before striking down the colonial-era law several organisations have expressed support for decriminalising homosexuality in India, and pushed for tolerance and social equality for lesbian, gay, bisexual, transgender, queer people, and others with marginalised identities traditional to India.
Union of India, seeking legal recognition for their marriage under the SMA. The Indian Supreme Court heard oral arguments in this case in April and May 2023. It issued a verdict on 17 October 2023, declining to recognise same-sex marriages under the SMA.
Bans all anti-gay discrimination Under French law Madagascar: Legal (No laws against same-sex sexual activity have ever existed in the country); Age of consent discrepancy [68] Bans some anti-gay discrimination. Mauritius: Legal since 2023 [140] + UN decl. sign. Bans all anti-gay discrimination [141] [142] Mayotte (Overseas region of France) Legal
On 6 September 2018, the Supreme Court of India invalidated part of Section 377 of the Indian Penal Code making homosexuality legal in India. [105] In striking down the colonial-era law that made gay sex punishable by up to 10 years in prison, one judge said the landmark decision would "pave the way for a better future." [106]
The petition was covered by various news articles, including The Times of India, stating, "The petitioners are lesbian, gay and bisexual (LGBT) citizens of India whose rights to sexuality, sexual autonomy, choice of sexual partner, life, privacy, dignity and equality, along with the other fundamental rights guaranteed under Part-III of ...
In addition, Israel recognises same-sex marriages performed abroad, though not as full marriage, and same-sex marriages are legal in the UK sovereign base areas of Akrotiri and Dhekelia and the British Indian Ocean Territory. Israel also recognises unregistered cohabitation for same-sex couples. [3]
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