Context: The Centre opposed before the Delhi High Court a petition seeking recognition of same-sex marriages, saying, “our legal system, society and values do not recognise marriage between same sex couples”.


  • The Centre, said the 2018 judgment of the Constitution Bench of the Supreme Court “merely decriminalises homosexuality or lesbianism, nothing more, nothing less”.
  • In September 2018, a five-judge Constitution Bench, unanimously held that criminalisation of private consensual sexual conduct between adults of the same sex under Section 377 of the Indian Penal Code is unconstitutional. 
  • The Supreme Court’s judgement read: “Sexual orientation is an essential attribute of privacy.
  • The ‘Right to choice of sexual orientation’ was made a part of the fundamental right to life and personal liberty under Article 21 of the Constitution.