INTRODUCTION
When we talk about live-in relationships for LGBTQIA+ couples in India, we’re not just talking about the law. We’re talking about the lived experience of people who want nothing more radical than sharing their lives, yet face legal grey areas, family pressures, and stigma on top of it. Even after some big leaps forward, like the Supreme Court striking down Section 377 back in 2018 in Navtej Singh Johar v. Union of India, there’s still this sense that queer relationships are accepted in theory but left in limbo in practice.[1].
This article tries to cut through the legal jargon and look at what protections do exist, what gaps remain, and what could change so that LGBTQIA+ live-in couples can breathe easier.
IS IT LEGAL FOR LGBTQIA+ COUPLES TO LIVE TOGETHER?
Let’s put this simply: yes, two consenting adults can live together, regardless of gender or sexuality. Courts across India have said it again and again. Even before Navtej Johar, the Supreme Court in S. Khushboo v. Kanniammal (2010) made it clear that two consenting adults choosing to cohabit cannot be treated as illegal or immoral.[2] That judgment felt progressive back then because it challenged deep-seated societal notions that live-in relationships are somehow “dirty” or wrong.
And after Navtej Johar, the legal message is even louder: adults can decide who they live with. Cohabitation falls under our fundamental right to life and personal liberty under Article 21 of the Constitution, and that applies to everyone.[3].
But here’s the catch: cohabitation being legal doesn’t mean it’s treated like a marriage or that LGBTQIA+ live-in couples have any concrete rights. That’s where the gap lies.
WHAT PROTECTIONS EXIST? (SPOILER: NOT MANY)
Here’s where most people are surprised — India doesn’t have a “common law marriage” concept like some Western countries. If you live with someone for years as partners, you don’t automatically become their legal spouse. That matters because most of our laws — inheritance, medical decisions, adoption — revolve around spouses or close relatives.
For live-in relationships generally, the Supreme Court has offered some protections. The landmark Deepika Singh v. Central Administrative Tribunal case in 2022 was one of the first big signs of progress.[4]. In that case, the Supreme Court said that “family” can mean many kinds of relationships, including live-in relationships. It also noted that live-in relationships deserve protection under laws like the Protection of Women from Domestic Violence Act (PWDVA), 2005[5].
That was huge because, up until then, most people assumed PWDVA was just for married women. The Court essentially acknowledged that the law should protect all kinds of domestic partnerships.
THE PWDVA LOOPHOLE FOR SAME-SEX COUPLES
Still, here’s a frustrating thing about PWDVA: the actual wording is heterosexual. It talks about women and men and often implies the existence of a male partner. Even though judges have expanded its meaning in some cases — like reading it to cover same-sex partners too — that’s nowhere explicit in the statute itself. Every time an LGBTQIA+ person seeks protection under PWDVA, they’re relying on whether the judge agrees with that broad interpretation.[6]. That’s stressful — and it’s unfair.
And remember, if one partner is not “out” publicly, they might not even feel safe filing a case to begin with. It’s a vicious circle: you can technically live together and technically ask for legal protections, but good luck accessing them without risking exposure or rejection.
PROPERTY, INHERITANCE, AND MAKING DECISIONS TOGETHER
Here’s one of the most painful parts — even if a queer couple has lived together for decades, there’s no automatic inheritance or next-of-kin recognition. Let’s say one partner passes away without a will. The surviving partner? They don’t have an automatic right to stay in the house they shared. That house might go straight to the deceased partner’s biological family, who may not even accept the relationship.
And if one partner ends up in the hospital? Sorry — most Indian hospitals require proof of kinship or marriage before allowing someone to make medical decisions. No matter how committed the couple is, they won’t count as each other’s legal next-of-kin. That’s heartbreaking — and it’s happening right now across India.
ADOPTION AND SURROGACY — ALL BUT IMPOSSIBLE FOR SAME-SEX COUPLES
If there’s one thing that feels especially harsh, it’s that adoption and surrogacy laws in India flat-out shut same-sex couples out. The Adoption Regulations (2022) require a couple to be a heterosexual, married couple to jointly adopt a child.[7]. Even single people face stricter scrutiny. LGBTQIA+ couples? They can’t jointly adopt at all.
And surrogacy is just as bad — the Surrogacy (Regulation) Act 2021 explicitly allows surrogacy only for heterosexual married couples with proven infertility.[8]. That means if two men or two women want to have a biological child together with the help of a surrogate? Forget it — that option is legally off the table.
SOCIAL STIGMA AND DISCRIMINATION
Of course, none of this happens in a vacuum. Even as legal protections slowly grow, public attitudes often lag far behind. LGBTQIA+ people face stigma from landlords who won’t rent them flats, neighbours who gossip, and even family members who pressure them into heterosexual marriages. Some report harassment by police if someone tips them off as “a gay couple living together,” even though there’s no law against that.
And that’s what breaks my heart — queer couples often can’t even talk openly about their relationships. That invisibility, while sometimes a means of safety, also blocks them from demanding their rights. It’s hard to advocate for legal change when so many people must hide who they are.
SO, WHAT CAN BE DONE?
This is where lawmakers need to step up. Courts can only do so much. Progressive judgments like Deepika Singh and Navtej Johar are an important foundation, but we need Parliament to build on that foundation.
Here’s what I’d hope to see in the future:
- Gender-neutral protections in domestic violence law. The PWDVA needs an amendment to explicitly recognize all couples — including same-sex couples — as eligible for protections.
- A civil union law. Even if same-sex marriage feels too politically risky for Parliament right now, a civil partnership or domestic partnership law could help. That would give queer couples basic rights — joint property ownership, next-of-kin recognition, hospital visitation — without touching religious personal laws.
- Anti-discrimination protections. It would go a long way if there were laws banning discrimination based on sexual orientation in housing, jobs, and public life. Right now, most people don’t realize that queer people can be refused a flat simply because of who they love.
- Better public awareness. Legal change is only part of the puzzle. Police, judges, landlords, doctors — everyone needs sensitivity training. Society itself needs to understand that love is love.
CONCLUSION
Right now, a live-in relationship is one of the few spaces where LGBTQIA+ people in India can build their own families without legal recognition, kind of like carving out a little pocket of freedom in a system that hasn’t quite caught up. The Supreme Court has given some protections, sure. But without civil union laws, explicit anti-discrimination protections, and updates to inheritance, adoption, and surrogacy rights, queer couples will stay vulnerable, not just legally, but emotionally too.
That’s the part that stays with me most. Even in 2025, so much of this is still up to whether a particular judge is sympathetic or whether your landlord happens to be a decent person. Until that changes, every LGBTQIA+ couple that chooses to live together is stepping into a world that doesn’t yet fully see or protect them. And that, frankly, needs to change — soon.
Author(s) Name: Palak Jha (Iilm University, Greater Noida)
References:
[1] Navtej Singh Johar v. Union of India (2018) 10 SCC 1.
[2] S. Khushboo v. Kanniammal (2010) 5 SCC 600.
[3] Constitution of India, art 21
[4] Deepika Singh v. Central Administrative Tribunal (2022) SCC OnLine SC 1088.
[5] Protection of Women from Domestic Violence Act 2005, s 2(f).
[6] See also Harshad Shah, ‘Whether live-in relationships and same-sex marriages violate societal norms in India?’ (LinkedIn, 2024)< https://www.linkedin.com/pulse/whether-live-in-relationships-same-sex-marriages-violate-harshad-shah-lg1af> accessed 23 June 2025.
[7] Adoption Regulations 2022 (CARA), reg 5.
[8] Surrogacy (Regulation) Act 2021, s 2(g).
