Delayed rights: The normal routine of everyday life can be more difficult for a strange couple. File | Image Credit: The Hindu
The story so far:
A new adviser to the Minister of Finance is taking the first steps to ease some of the daily life difficulties for couples who cannot legally marry. The clarification, along with the Reserve Bank of India (RBI) circular, made it clear to all commercial banks that people from the LGBTQIA+ community and those with queer relationships cannot be prevented from opening joint bank accounts and nominating queer partners as beneficiaries.
What problems do queer people face when unions are not recognized?
Supriyo Chakraborty and his partner have been together for 12 years, but when one of them is in the hospital or has to take a medical decision, his partner has no right to weigh in. “Afraid. Now, our parents are still alive, so we have arranged it. But we are getting older. What happens when he’s gone? For such life-and-death decisions, hospitals look for siblings or legal partners,” he said.
If the right to caregiving is at the heart of the request for marriage to be recognized as valid, the funeral rite provides an even bleaker example. Earlier this year, a Kochi man named Jebin had to petition the Kerala High Court to be allowed to attend the funeral of his life partner Manu who died of injuries sustained in a fall. Manu’s family refused to accept the body and pay the medical bills because they did not approve of their relationship. The court ruled that Jebin could pay his last respects at the funeral, if Manu’s family did not object.
Beyond these serious matters, the daily routine can be difficult for queer couples. They cannot get ration cards as a family; nominated for payment of gratuity, fund allowance, or insurance allowance as a dependent spouse; or receive tax benefits for payments made on behalf of the spouse. The laws of succession, inheritance, alimony, and maintenance do not take odd spouses into account. Such communications are not protected by the evidentiary privilege granted to married couples, meaning they could be forced to give evidence against each other in court. They cannot donate organs to each other. They cannot adopt children together.
“In our country, marriage gives couples access to legal rights. This is more than social acceptance,” said Mr. Chakraborty, explaining why he went to court to request the right to marry same-sex couples.
What did the Supreme Court say?
In an October 2023 ruling, the court refused to recognize same-sex marriage, saying that judicial review should set aside matters that fall within the realm of the legislature. However, it also noted that the Constitution protects the freedom of all people including queer couples to enter into a union, adding that “the failure of the State to recognize the bouquet of rights flowing from the union will have a different impact on queer couples who cannot marry under the current legal regime”. It also noted the commitment of the Union government to set up a committee headed by the Cabinet Secretary to determine the scope of these rights. This six-member panel – which includes the Secretaries of the Ministry of Home Affairs, Social Justice and Empowerment, Law and Justice, Women and Child Development, and Health and Family Development – was established in April, held its first meeting in May, and began stakeholder consultation in July. Members of the LGBTQIA+ community are encouraged to email the committee directly.
Apart from joint bank accounts, the court ordered that the panel should consider ways in which partners in odd relationships can be considered part of the same family for ration cards. It also noted that “medical practitioners have a duty to consult the family or next of kin or friends, if the terminally ill patient has not implemented the Advanced Directive. The parties in the labor union can be considered ‘family’ for this purpose. The court directed the panel to consider the right of prison visitation and the right to access the body of the deceased partner and manage the last rites, succession rights, financial and material benefits, and rights flowing from employment such as gratuity.
What kind of changes in the rules are needed?
Even before the advisories from the Ministry of Finance and the RBI last month, some banks claimed that their inclusive policy allowed odd couples to nominate each other as beneficiaries and open joint accounts for the past few years. Mr Chakraborty dismissed the claim as a “marketing gimmick”, saying bank branch employees had not been given sensitivity training to back up the policy announced from headquarters. “Local officials are just trading familiar stereotypes. But now we have a government order, we can demand our rights. Legal support is important,” he said.
The same advice from the insurance regulator, the State department in charge of the Public Distribution System, medical board guidelines, and the Income Tax department may be sufficient for some of the benefits that are accessible to odd-numbered couples. However, amendments to the family and inheritance law, the Juvenile Justice Act, and the Income Tax Act may need to be passed by parliament and State legislatures to make more profound changes.
“We tried to get a bouquet of rights through the petition (to recognize same-sex marriage), but it didn’t work. So now, it’s taking longer to get one,” said Mr. Chakraborty.
Published – September 15, 2024 03:43 IST
