In Sickness and In Health: Navigating Legal Rights for Queer Couples in India

Love, commitment, and the desire to build a life together are universal. For queer couples in India, this journey, like any other, involves navigating the complexities of legal rights and societal acceptance. While landmark judgments have decriminalised same-sex relationships, the full realisation of equal rights is an ongoing process. This article aims to provide a practical guide for queer couples in India, exploring their rights in key areas like finance, insurance, housing, and healthcare.

Financial Planning and Security

Building a shared financial future is essential for any couple. The legal landscape allows queer couples to open joint bank accounts, a significant step towards financial equality. This right is grounded in the legal recognition of same-sex relationships established by the Supreme Court in Navtej Singh Johar v. Union of India and Supriyo Chakraborty v. Union of India, and further supported by subsequent circulars like this and this. However, despite the legal permissibility, queer couples may still encounter discrimination from bank staff, highlighting the gap between legal rights and lived realities.  

The dream of owning a home together is also within reach for queer couples. There is no legal restriction preventing joint property ownership. However, the reality is often marred by discrimination from landlords, real estate brokers, and sellers. While such discrimination is morally reprehensible, legal recourse remains limited, underscoring the need for stronger anti-discrimination legislation. The same challenges apply to renting an apartment together, where prejudice can create significant obstacles.  

Insurance and Healthcare: Protecting Your Loved Ones

Securing your chosen family’s future through insurance is a crucial aspect of responsible planning. Queer couples can name their partners as nominees on their insurance policies. While this is a positive step, the insurance sector still has room for improvement. Some companies have introduced explicitly queer-affirming policies, but these are exceptions rather than the norm. Many policies lack specific provisions for same-sex partners, and transgender individuals often face additional hurdles in accessing coverage for gender-affirming healthcare care. This area requires ongoing advocacy and legal reform to ensure equitable access to insurance benefits for all members of the LGBTQ+ community.  

Advance Directives and Medical Decision-Making: Ensuring Your Voice is Heard

The ability to make informed decisions about one’s healthcare is a fundamental right. Advance Medical Directives (ADMs) allow individuals to specify their healthcare preferences in case they become incapacitated. Queer couples can utilise ADMs, following the guidelines set by the Supreme Court, to empower their partners to make medical decisions on their behalf. Karnataka’s progressive “Right to Die” order further reinforces this right, providing greater autonomy in end-of-life decisions.  

The Mental Healthcare Act, 2017 addresses advance directives specifically for psychiatric treatment. It emphasises the autonomy of individuals with mental health conditions to make their own decisions, provided they understand the implications and can communicate their choices. If an individual is deemed incapable, a nominated representative, which can be a partner or a chosen family member, can make decisions based on the individual’s previously expressed wishes.

In emergency situations, particularly when an individual is unconscious or unable to communicate, the situation becomes more complex. A partner’s intimate knowledge of their loved one’s preferences is invaluable, but without explicit legal recognition of their relationship, asserting this role can be challenging. Even with legal documentation, biases within the healthcare system can hinder a partner’s ability to advocate effectively.

A partner or chosen family also plays a vital role in providing emotional support, communicating with medical professionals, and ensuring that the patient’s wishes are respected. In many cases, a partner may be better equipped than natal family members to make decisions aligned with the individual’s values and preferences. However, without legal recognition, a partner’s involvement in medical decisions can be limited by cultural or familial opposition, or by biases within the healthcare system. Healthcare professionals may unconsciously or consciously hold prejudices against queer individuals or their relationships, leading to a partner’s concerns being dismissed or not taken seriously.  

Moving Forward: The Path to Equality

The fight for equal rights for queer couples in India is an ongoing journey. While significant progress has been made, legal gaps and societal biases remain. Continued advocacy, legal reform, and public awareness campaigns are essential to ensure that queer couples enjoy the same rights and protections as their heterosexual counterparts. This includes addressing discrimination in housing and financial services, expanding access to inclusive insurance policies, and strengthening legal frameworks for medical decision-making and advance directives. The ultimate goal is to create a society where all couples, regardless of sexual orientation or gender identity, are treated with dignity and respect.  

References

1. Navtej Singh Johar v. Union of India, (2018) 1 SCC 1.
2. Supriyo Chakraborty v. Union of India, Writ Petition (Civil) No. 573 of 2022.
3. Mental Healthcare Act, 2017.

Note: This article is not legal advice. This is the research we’ve done thus far and an attempt to share the information to help our community.