New Delhi: The Centre has announced several measures for LGBTQI+ couples for the purpose of making policies more inclusive. The measures include the directive for treating partners in a LGBTQI+ relationship as a part of the same household for the purposes of ration card, no restrictions on opening a joint bank account and nominating a partner to receive the balance in the account in the event of death of the account holder.
Another important measure announced by the Centre as a part of “interim action” is making a provision to claim the dead body when a relative or next of kin is not available.
The directives come almost a year after the Supreme Court in its 5-judge bench judgement in October 2023 held unanimously that there was no fundamental right to marry but laid down a set of directions for union and state governments, recognising violence and discrimination faced by the LGBTQI+ community. This included the formation of a high-level committee chaired by the Cabinet Secretary to lay down rights and entitlements for the queer community.
In its statement on Sunday (September 1), the Union Ministry for Social Justice and Empowerment invited inputs from stakeholders and wider public consultation and also stated that several measures have already been taken in the form of interim action following the stakeholder discussions by the committee.
Among these measures, the Department of Food and Public Distribution (D/oF&PD) has issued an advisory to all the states and union territories that partners in a queer relationship are to be treated as a part of the same household for the purposes of ration card and that there is no discrimination in the issuance of ration cards.
The Department of Financial Services (DFS) has issued an advisory that there are no restrictions for persons of the queer community to open a joint bank account and also to nominate a person in queer relationship as a nominee to receive the balance in the account, in the event of death of the account holder.
Both these suggestions were a part of the recommendations for the committee laid down in the apex court’s judgement.
Also following the Supreme Court’s recommendation, the statement said that the Ministry of Health and Family Welfare has issued letters to states and union territories to provide training at various levels of staff and making of provision to claim the dead body when a near relative/next of kin/family is not available.
In addition, the health ministry has also written to states to ensure access to healthcare for the LGBTQI+ community including planning awareness activities, prohibition of conversion therapy, availability of sex reassignment surgery, and reducing discrimination.
“The ministry has also framed guidelines in respect of medical intervention required in infants/children with disorders of sexual differentiation (intersex) to have medically normal life without complications. The Ministry is working on guidelines to address the issues pertaining to mental health/well-being of queer community,” the statement said.
Following the Supreme Court verdict, the committee headed by the Cabinet Secretary was formed in April 2024. The committee includes Cabinet Secretary as the Chairperson and secretaries of Ministry of Home Affairs, Ministry of Women and Child Development, Ministry of Health and Family Welfare, Legislative Department and Secretary, Department of Social Justice and Empowerment.
The committee subsequently also set up a sub-committee to finalise the issues pertaining to ration cards, bank accounts, jail visitation requests, law and order measures.
Apart from the recommendations on ration cards and joint bank accounts including addition of a partner as nominee, the Supreme Court in its verdict had also said that the committee should also look into queer partners being considered as “family” when a medical practitioner is consulting the “family” of a terminally ill patient under the Euthanasia guidelines and permitting succession rights, maintenance, financial benefits, family pension, and insurance for the queer partners.
