The Hindu Marriage Act, 1955 (Sec.2) states, “Nothing contained in this Act shall apply to the members of any Scheduled tribe within the meaning of clause (25) of [[Article 366]] of the [[THE CONSTITUTION OF INDIA]] unless the Central Government, by notification in the official Gazette, otherwise directs.” 

In ShafinJahan vs Asokan K.M. (2020), the court held that Article 21 of the Constitution includes the right of individuals to choose their partners ‘whether within or outside marriage’.

in Navtej Singh Johar vs Union of India (2018), the court recognised the right of all individuals to phys  ical, emotional, mental, and sexual companionship.