New Delhi: A five-judge Supreme Court bench is hearing a batch of petitions regarding the legalisation of same-sex marriages in India after the apex court referred at least 15 petitions on the matter to a larger bench for an authoritative decision last month by a CJI-led bench, who called it a "very seminal issue".


Earlier this year in January, a three-judge SC bench transferred nine pending petitions dealing with similar issues from the Delhi and Kerala high courts to itself. On March 13, the three-judge bench led by CJI DY Chandrachud referred the case to a five-judge Constitution bench.


Even though homosexuality was decriminalised by the Supreme Court in 2018, same-sex marriages continue to be unacknowledged and unrecognised by Indian laws.


Both the Centre and the ruling BJP have opposed the legal validation of same-sex marriage.


A favourable decision from the Supreme Court will make India the 35th country in the world to legalise same-sex marriage, according to Human Rights Campaign Foundation's report ‘marriage equality around the world’.


In the early 2000s, the Netherlands became the first country in the world to legalise same-sex marriage. This was a groundbreaking moment in history, and it set the stage for other countries to follow suit.


Other countries where same-sex marriage is legal are Andorra, Argentina, Australia, Austria, Belgium, Brazil, Canada, Chile, Colombia, Costa Rica, Cuba, Denmark, Ecuador, Finland, France, Germany, Iceland, Ireland, Luxembourg, Malta, Mexico, New Zealand, Norway, Portugal, Slovenia, South Africa, Spain, Sweden, Switzerland, Taiwan, the United Kingdom, the United States of America and Uruguay.


Highlighting below are some of the countries where same-sex marriages are legal:


The Netherlands (2000)

The Netherlands became the first country to legalise same-sex marriage in December 2000, when the parliament passed a landmark bill allowing the practice. The legislation gave same-sex couples the right to marry, divorce, and adopt children. 


In terms of inheritance, same-sex couples who are married or in a registered partnership in the Netherlands are entitled to the same inheritance rights as opposite-sex married couples. This means that if one spouse dies, the surviving spouse will automatically inherit their assets and property, regardless of the amount or value.


Belgium (2003)


Belgium was one of the first countries in the world to legalise same-sex marriage, with the passage of the law in January 2003, giving same-sex couples the same tax and inheritance rights as heterosexual couples.


According to Pew Research Centre, the 2003 law allowed the marriages of same-sex couples and recognized as married those from other countries where same-sex marriage was legal. Those provisions were broadened in 2004 to allow any same-sex couple to marry as long as one member of the couple had lived in Belgium for at least three months.


In 2006, the parliament also granted same-sex partners the right to adopt children.


Canada (2005)


Canada became the fourth country in the world to legalise same-sex marriage in July 2005, following the Netherlands, Belgium, and Spain.


In 1999, the Canadian government passed legislation allowing same-sex couples to register as domestic partners, granting them certain legal rights and protections. However, these partnerships were not recognized as marriages and many same-sex couples continued to fight for full equality.


Through a series of court cases beginning in 2003, same-sex marriage gradually became legal in nine of the country’s 13 provinces and territories.


In 2005, the federal government passed legislation making same-sex marriage legal nationwide. 


Same-sex couples who are married in Canada are entitled to the same inheritance rights as opposite-sex married couples and the same rights and protections under Canadian family law. This includes the right to apply for spousal support and the right to divide property and assets in the event of a separation or divorce.


South Africa (2006)


In November 2006, South Africa became the first and remains the only African country to legalise same-sex marriage.


In 2002, the South African parliament passed the Civil Union Act, which allowed same-sex couples to enter into legally recognized partnerships. However, these partnerships were not recognized as marriages and many LGBTQ+ activists continued to push for full marriage equality.


In 2005, South Africa's highest court ruled that the exclusion of same-sex couples from marriage violated the country's constitution. The court gave parliament a year to amend the law to allow same-sex marriage.


In November 2006, the parliament passed the Civil Union Amendment Act, which legalized same-sex marriage in South Africa.


Same-sex married couples in the African country are entitled to the same inheritance rights as opposite-sex married couples.


In addition, South Africa has laws in place to protect the rights of same-sex couples when it comes to inheritance. The Intestate Succession Act of 1987, which governs the distribution of assets when a person dies without a will, was amended in 2006 to include same-sex partners as potential beneficiaries. This means that if a same-sex partner dies without a will, their surviving partner may be entitled to a share of the assets, just like an opposite-sex married partner.


United States (2015)


Same-sex marriage in the United States was not recognized federally until 2015 when the Supreme Court issued a landmark decision in Obergefell v. Hodges that legalised same-sex marriage nationwide.


According to Pew Research Centre, the decision rests in part on the court’s interpretation of the 14th Amendment and states that limiting marriage only to heterosexual couples violates the amendment’s guarantee of equal protection under the law. 


After the Supreme Court's decision, same-sex couples were entitled to the same legal rights and protections as opposite-sex couples, including the right to marry, the right to obtain spousal benefits, and the right to inherit from their spouse.


However, there are still some legal and social challenges facing same-sex couples in the United States, particularly in states that do not have comprehensive anti-discrimination laws or that have laws that restrict the rights of LGBTQ+ individuals.


Taiwan (2019)


Taiwan made history in 2019 when it became the first country in Asia to legalise same-sex marriage. This followed years of advocacy and activism by LGBTQ+ groups and their allies, and a landmark ruling by the Constitutional Court in 2017 that declared the ban on same-sex marriage to be unconstitutional.


The passage of the same-sex marriage law in Taiwan granted the same-sex couples same legal rights and protections as opposite-sex couples. This includes the right to marry, the right to adopt children, and the right to inherit from their spouse.