The Supreme Court of India is set to hear arguments in favour of legalising same-sex marriage this week in what could be a historic moment for the LGBTQ+ community.

On 6 January, the top court will listen to pleas from same-sex couples about why these marriages should be legally recognised.

The lead petition, which was filed by gay couple Supriyo Chakraborty and Abhay Dange, stated that denying these couples this right prevents them from being equal.

The second petition, filed by Parth Phiroze Mehrotra and Uday Raj, added that not allowing some citizens to get married because of their sexuality violates articles of the constitution.

“If the petitioners, as a same-sex couple, enjoyed access to the civil institution of marriage, they would not face untold practical difficulties, both vis-a-vis each other and their children,” part of it said.

“The denial of the fundamental right of marriage to persons like the petitioners is a complete violation of constitutional law.”

The government’s current view will also be put before the court this week, with it expected to challenge legalising same-sex marriage as Prime Minister Narendra Modi’s administration has previously spoken out against it.

However, its decision to abstain recently allowed the court to legalise gay sex in what is considered a landmark ruling, making it possible that it will not try to block the move.

India does not currently recognise same-sex marriage officially, though couples are allowed to engage in an “unregistered cohabitation” – something that fulls incredibly short of the rights enjoyed by married heterosexual couples.