Context

In line with the directions of the Supreme Court (SC), the Centre notified a committee chaired by the Cabinet Secretary to examine the various issues relating to queer community.

Centre Forms Panel To Address Issues of Queer Community

• Formation of Committee: The Centre had given an undertaking to create a committee to set out the rights which will be available to queer couples in unions, when the Supreme Court agreed with the centre’s position and declined to grant legal recognition to same-sex marriages.
• Composition: The Centre notified a six member committee chaired by the Cabinet Secretary and composed of secretaries from the Ministry of Home Affairs; Ministry of Women and Child Development; Ministry of Health and Family Welfare; Ministry of Social Justice and Empowerment and the Law Ministry.
• Objective: The committee shall set out the scope of the benefits which accrue to same-sex couples.

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Supreme Court’s Judgement

• Fundamental Right to Marry: On October 17, a five-judge Constitution Bench of the Supreme Court led by Chief Justice of India D Y Chandrachud declined to recognise the right to marry as a fundamental right for same-sex couples.
• Minority Opinion: However, in a minority opinion, the SC ruled in favor of civil unions, stopping short of marriage, to grant legal rights to same-sex couples.
• SC View on Marriage: As per SC, although marriage itself doesn’t give any rights to the parties, it gives certain “intangible benefits in the form of expressive advantages” and “a bouquet of rights” that a married couple can exercise.
• Civil Unions for Queer Couples: Civil Union refers to the legal status allowing same-sex couples specific rights and responsibilities normally conferred upon married couples. 
  • The SC disagreed with prescribing a choice of civil unions to same sex couples and advocated for the state to facilitate the choice for those who wish to exercise it

Mandate of the Constituted Committee

• Defining entitlements of Queer Couples: The committee shall be set up for the purpose of defining and elucidating the scope of the entitlements of queer couples who are in unions. 
• Members: The Committee shall include experts with domain knowledge and experience in dealing with the social, psychological, and emotional needs of persons belonging to the queer community as well as members of the queer community. 
• Stakeholder Consultation: The Committee shall before finalizing its decisions conduct wide stakeholder consultation amongst persons belonging to the queer community, including persons belonging to marginalized groups and with the governments of the States and Union Territories.
• Key Topics for Consideration: The Committee shall consider the following legal entitlements of the queer community:
  • The right of queer partners to be treated as part of the same family for a ration card and setting up of a joint bank account.
  • Right to be considered “next of kin” by medical practitioners, in the event patients who are terminally ill have not executed an Advance Directive.
  • Jail visitation rights and the right to access the body of the deceased partner and arrange the last rites.
  • Legal consequences such as succession rights, maintenance, financial benefits such as under the Income Tax Act 1961, rights flowing from employment such as gratuity and family pension and insurance.

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