New Delhi: A Finance Ministry advisory has clarified that there are no restrictions on persons of the queer community to open a joint bank account and also to nominate a person in the queer relationship as a nominee to receive the balance in the account in the event of the account holder.
Advisory for LGBTQ community has been issued in view of last year’s Supreme Court verdict
The advisory for lesbian, gay, bisexual, and transgender community (LGBT community) has been issued in view of the Supreme Court verdict last year that made a strong pitch for the rights of queer people in order to ensure that they do not face discrimination.
The top court, in its verdict delivered on October 17 last year, had unanimously refused to accord legal recognition to same-sex marriage under the Special Marriage Act, saying that it is for the Parliament to take a call whether a change in the regime of the Special Marriage Act (SMA) is required for validating such union.
The bench, however, had taken into record the submissions of Solicitor General of India, Tushar Mehta, that the Centre will set out a committee to examine the rights that can be conferred on such couples.
“This court has recognized that queer persons cannot be discriminated upon. Material benefits and services flowing to heterosexual couples and denied to queer couples will be a violation of their fundamental right,” the apex court had said.
Centre constituted a six-member committee following the top court order
Following the order of the top court, the central government constituted a six-member committee in April 2024. The committee was chaired by the Cabinet Secretary to examine the various issues the queer community was facing and to find the ways to ensure that they do not face discrimination in access to goods and services and measures that can be taken to ensure that they do not face any threat of violence, harassment or coercion.
What does the Finance Ministry advisory say?
“In connection with Supreme Court of India’s judgment dated 17.10.2023 in the case of …….., this is to clarify 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. A clarification in this regard has also been issued by the Reserve Bank of India (RBI) to all the scheduled commercial banks on 21.08.2024,” the Finance Ministry advisory said.
The petitioners from LGBTQ+ community submitted before the top court that they, too, have the same fundamental rights as the couples from heterosexual couples and had urged the apex court to grant them legal status at par with the heterosexual couples to allow them to lead a dignified life.
