Abstract: Marriage has never been just a ritual. It is like a recognition, protection, and dignity for the couples. But,  In India, “same sex couples” remain outside of this circle of legal recognition. They may share love, build families, and live openly, but the law still calls them strangers. This exclusion is not just  silence. it is active discrimination in motion.

This paper traces the long arc of history, from ancient acceptance of gender diversity and same-sex desire, to colonial criminalisation under Section 377, to the gradual constitutional victories of privacy, dignity, and equality. It examines how marriage laws in India, (Hindu, Muslim, Christian). continue to frame unions in strictly gendered terms, leaving no room for same-sex couples. Judicial precedents, from Naz to Navtej and most recently Supriyo, reveal both progress and hesitation. They affirm constitutional morality but fall short when it comes to giving full recognition.

The thing is equality cannot be partial. Civil unions may serve as a temporary measure, but only marriage can solve this longstanding issue. The Constitution speaks of liberty and dignity for all. This paper argues that India must move beyond outdated statutes, amend its laws, and bring them in line with constitutional promise. Delay deepens injustice. Recognition is overdue. Justice cannot wait.