LGBTQIA+ couples to be treated as part of same house for ration card: Centre’s ‘interim measures’

Measures cover a wide range of services from mental health to banking facilities

Updated - September 01, 2024 10:05 pm IST

Published - September 01, 2024 09:42 pm IST - New Delhi

The Centre has directed all States and Union Territories not to discriminate against LGBTQIA+ couples while issuing ration cards.

The Centre has directed all States and Union Territories not to discriminate against LGBTQIA+ couples while issuing ration cards. | Photo Credit: A.M. Faruqui

The Centre on Sunday (September 1, 2024) said that LGBTQIA+ couples and partners in Queer relationships will now be considered as part of the same household for the purposes of ration cards, an advisory for which was recently issued by the Department of Food and Public Distribution.

All States and Union Territories have also been directed to take measures necessary to ensure that partners in Queer relationships are not discriminated against in the issuance of ration cards.

The Union Government added that the Health Ministry has also written to all States/Union Territories and relevant stakeholders about making a provision that allowed partners in such relationships to be able to claim each other’s body “when near relative/next of kin/family is not available”.

The Health Ministry has also framed guidelines on required medical interventions for intersex children/infants or “infants/children with disorders of sexual differentiation” so that they can “have a medically normal life without complications”, the government said.

Further, the Health Ministry is now working on guidelines for addressing issues of mental health and well-being of the Queer community.

The Ministry of Social Justice and Empowerment said that these were among the list of “interim measures” the Government of India had taken in the past week or so, in keeping with the directions issued by the Supreme Court of India in the marriage equality case in October 2023. The Centre also said it was calling for suggestions from the public for further measures that could be taken, asking those interested to email abhishek-upsc@gov.in and mayank.b@gov.in.

In the judgment, the top court refused to recognise same-sex marriages but it noted the Centre’s submission that it would form a committee to look into the scope of entitlements for LGBTQIA+ people and couples in Queer relationships.

The government formed this committee, headed by the Cabinet Secretary, in April this year, following which multiple deliberations have taken place. A sub-committee was also formed under the chairmanship of the Home Secretary, Ministry of Home Affairs.

The Centre said that this sub-committee met on May 31 to discuss measures to address discrimination, especially in accessing social welfare benefits, healthcare and public goods services; police action and violence, among others. It also asked the Ministries/Departments to prepare an OM/advisory for issuance.

The MHA has also issued advisories to States/Union Territories on prison visitation rights of the Queer community and on law and order measures to be taken to ensure they do not face any threat of violence, harassment or coercion.

The Department of Financial Services of the Finance Ministry also issued a clarification last week, saying that couples in Queer relationships and LGBTQIA+ couples cannot be prevented from opening joint bank accounts and that they can nominate each other as beneficiaries. However, some private banks had taken similar initiatives as early as 2021 as part of their campaigns for “inclusive” banking.

Apart from this, the Centre on Sunday said that the Health Ministry’s advisories to stakeholders and States/Union Territories also called for ensuring the LGBTQIA+ community’s rights concerning healthcare, planning awareness activities, prohibition of conversion therapy, availability of sex reassignment surgery, changes in curricula, provision of teleconsultation, sensitisation and training various levels of staff.

Further, the Directorate General of Health Services has also written to all State Health Departments to ensure healthcare access and reduce discrimination against people of the LGBTQIA+ community.

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