RECOGNITION FOR SAME-SEX MARRIAGE

India decriminalised homosexuality in 2018, while in 2017 the Supreme Court had recognised sexual orientation as protected under right to privacy.
However, because financial and social security benefits are only accorded to those who have the legal sanction of a marriage, same-sex couples have trouble accessing some basic relationship rights.
Whether it is buying a house together, securing medical insurance, having a joint bank account, ensuring inheritance, or even on visa applications, there is no recognition of same-sex partners.

Legal rights

Social worker Koel Ghosh, who lives with her partner Ankana Dey in her ancestral house in Kolkata, is petrified that if something happens to her, her family may throw Ms. Dey out from the house as she has no legal right over the property despite having spent an equal amount of money on its upkeep.
The couple are one of the petitioners in the Supreme Court in the same-sex marriage case, and want to take their life forward as a couple recognised by the State.
Mumbai-based IT professional Inder Vhatwar and his partner of 11 years, Ashish Srivastava, bought a house together just before the pandemic.
They had to rope in Mr. Vhatwar’s brother as a co-applicant for the loan. “So, though in reality, it is Ashish who has paid for half the property, if something happens to me, then it will be my brother who will get to inherit the house.
Accessing each other’s Provident Fund, medical insurance or any kind of joint social security options are out of bounds for these couples without the ‘stamp’ of marriage.

Financial matters

Things get more complicated when one partner is financially dependent on the other. Bengaluru-based Sindhur Kashyap’s partner Spoorthy G., is eight years younger, was a student and 19 years old when they started living together. Since her parents objected to the relationship, she had no security net.
It is the dependence on the natal or birth families for accessing resources which puts a lot of LGBTQ people at risk of physical violence.
Legal recognition for same-sex unions would mean that a couple can access police and legal protection.
Adoption, surrogacy, or even IVF for lesbian couples is almost impossible legally, with one person having to bear the full legal responsibility.
There is also a question mark on the fate of children adopted in case the couple decides to part ways after some years, as in the absence of joint custody, only one would be left responsible for the upbringing of the child.
Sharma and Mr. Bhatnagar, who have explored all avenues for having a child over the last decade, are waiting with high expectations for the Supreme Court to start hearing the petitions on April 18.

SOURCE: THE HINDU, THE ECONOMIC TIMES, PIB

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