In Supriyo v. Union of India (October 2023), the Supreme Court declined to legalize same-sex marriage, holding that recognition of such marriages involves complex policy considerations best left to:

Supriyo judgment (October 2023): 5-judge Constitution Bench (3:2 on key issues) held: (a) No fundamental right to marry under Constitution (though marriage protected under personal laws), (b) Recognition of same-sex marriage involves complex policy considerations (adoption, succession, maintenance, social welfare) best left to Parliament, (c) However, affirmed rights of queer couples: protection from discrimination, right to cohabit, access to services without discrimination, (d) Directed government to form committee to examine rights/entitlements of queer couples. Balances judicial restraint with rights protection; ongoing legislative debate.