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2019 was a year of celebration for the Indian LGBTQ community. It was the year when the Indian Supreme Court struck down a colonial-era discriminatory law that criminalized homosexuality in the country, but same-sex marriage is still not legal.
The nation’s LGBTQ community has been continuously fighting to bring change.
The Delhi High Court is already in the process of hearing the petition on same-sex marriage.
Life Insurance Corporation of India (LIC), a public sector insurance company under India’s Finance Ministry, last month shocked the country while replying to a question — “if a gay partner can be named as the nominee in the insurance policy or not?” under the Right to Information Act, RTI. The company in its reply said there is no legal bar for anyone to make their same sex partner a beneficiary in insurance policies in the name of that person.
A queer couple, Suchandra Das and Sree Mukherjee, who live in the eastern metropolitan city of Kolkata, initiated the RTI.
While talking to the media, Das said LIC mentioned in its reply that there is no legal bar to nominate any person, including strangers.
“In effect, this means that there is no bar for a policyholder from making a person not related to him or her by birth, consanguinity, marriage or adoption as his or her nominee,” said Das to Times Now News.
Though the LIC is under the government of India, which continuously opposes the law for same-sex marriage in the Delhi High Court, the RTI reply is in contradiction with the government’s stand.
“I welcome LIC’s move on inclusiveness,” said Kalki Subramaniam while reacting to the news.
Subramaniam is a transgender and climate rights activist.
“Inclusive steps by corporate companies to recognize LGBTQI communities are on the rise in India, which is very welcome. It helps us with opportunities for a better living through jobs and improved economic status.” she said.
Supreme Court judges have recently shown encouraging and positive support for the LGBTQ community in the country. In August, one of the top judges, Justice D.Y. Chandrachud, while talking at an event in Delhi, called for structural and attitudinal changes in society to let the LGBTQ community live a life of autonomy and dignity.
While talking with the Washington Blade, Chetana Salunkhe, a digital creator with the LGBT Navi Mumbai, said that it is contradictory, but it’s still a stepping stone for equal rights.
“Marriage, adoption, inheritance are a few rights we are looking forward to. These rights not only give us the sense of equality, it gives is a sense of security and dependency,” said Salunkhe. “Talking about this step taken by LIC, at least queer couples get to be the depends of each other legally, which makes it a very happy news for every queer individual. And as it is correctly said ‘it is better to take small steps in the right direction than to take a great leap forward,’ this little step is also going to be a great one for queer individuals and legal system to understand and formulate safe and equal laws in regards to marriage, adoption, etc. for the community.”
Kanav Narayan Sahgal, a communications manager at Nyaaya, Vidhi Centre for Legal Policy, also expressed happiness on the LIC’s written reply on same-sex partners being a beneficiary in life insurance policies.
“LIC’s response to the RTI is a welcome move. And while the central government continues to oppose the legalization of same-sex marriage, one should welcome small steps like these in the long march toward equality,” said Sahgal in an email to the Blade. “However, it should be noted that even though a same-sex partner is a nominee, they don’t automatically get succession rights. LGBTQ+ organizations like Varta do have legal solutions to overcome these loopholes, but these issues can be fixed if the central government were to simply legislate on marriage equality and settle the matter once and for all.”
Ankush Kumar is a freelance reporter who has covered many stories for Washington and Los Angeles Blades from Iran, India and Singapore. He recently reported for the Daily Beast. He can be reached at mohitk@opiniondaily.news. He is on Twitter at @mohitkopinion.
The National LGBT Media Association represents 13 legacy publications in major markets across the country with a collective readership of more than 400K in print and more than 1 million + online. Learn more here: NationalLGBTMediaAssociation.com.
