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Same-sex couple challenges tax law's definition of 'spouse' in HC
A same-sex couple has taken their fight for equality to the Bombay High Court.
They're challenging the Income Tax Act's definition of "spouse" under Section 56(2)(x), which currently leaves out same-sex partners—meaning gifts between them get taxed, unlike for married heterosexual couples.
The court has asked India's Attorney General to respond.
Case could set precedent for LGBTQ+ rights
This case is about more than just taxes—it's about equal rights.
The couple says excluding same-sex partners from tax exemptions goes against constitutional promises of equality and non-discrimination (Articles 14, 15, and 21).
With the next hearing set for September 18, 2025, the outcome could set an important precedent for LGBTQ+ financial rights in India.