In October 2022, the Life Insurance Corporation (LIC) of India confirmed that there was no bar on policyholders naming their same-sex partners as nominees. The confirmation was made in reply to an RTI query filed by Suchandra Das and Sree Mukherjee, a Kolkata-based queer couple.
After the Supreme Court decriminalised same-sex relationships in 2018, the LIC’s reply looked like yet another major step in the right direction. But the truth is, we still have a long way to go before same-sex relationships are accorded the same status as heterosexual marriage.
Nominee vs Successor
While the LIC has given its nod to making same-sex partners nominees, the catch is, that a nominee doesn’t mean a successor. In legal parlance, a nominee is just like a caretaker – someone who is entrusted with the policy amount in the absence of the policyholder till his/her legal successor steps in. Once the latter enters the scene, the ‘nominee’ will have to hand over the money and have no rights over it.
It’s not just insurance policies; since same-sex marriages enjoy no legal validity in India, lesbian/gay couples are not recognised as spouses, and this leaves them with no inheritance rights. So, is there a way to ensure that your same-sex partner becomes your legal successor? Yes, you can write a will, bequeathing your legacy to them.
Same-sex marriages and Special Marriage Act
In India, marriages are governed by an individual’s religion – Hindu Marriage Act 1955, Muslim Marriages Act 1939, etc. There’s also a Special Marriage Act (SMA), which is what inter-faith marriages are registered under. Because of its secular nature, most same-sex marriage supporters feel that SMA is ideal for initiating the change and making such relationships legally recognised.
In fact, petitions have already been filed before the Supreme Court and the Delhi High Court, seeking that same-sex marriages be recognised under SMA. One of the main arguments listed by the campaigners is that SMA is gender-neutral in its wording.
Gender-Neutral Wordings
For example, Section 4 of SMA states that “a marriage between any two persons may be solemnised under this Act”. It does not specify any gender in this instance.
There are more examples. Section 4(c) of the Act, which elaborates on the eligibility criteria for marriage, says that the male should have completed 21 years and the female 18 years. Nowhere does it mention that the marriage should be solemnised only between a male and a female.
While Section 12(2) of the Act insists on there being three witnesses to a couple taking each other as ‘husband’ and ‘wife’, there is no mention of their gender. Campaigners point out that lesbian and gay couples can also refer to their partners as ‘husband’ and ‘wife’, and these relationships do not pertain to any particular sex.
Though the advocates of same-sex marriages point out the ‘gender-neutrality’ of SMA, the Supreme Court is yet to give a verdict in its favour.
Include same-sex partners in your will
There’s an outrage against same-sex marriages not being legally recognised, as campaigners call it discriminatory and denial of the right to live with dignity and free expression. There’s no denying that same-sex couples are deprived of many rights, including their right to inheritance.
However, until such relationships are legally approved, the only way to ensure that your partner inherits your assets is by including him/her in your will. If you have any queries, contact Easy Inherit, India’s first full-service digital inheritance specialist.
Be it giving you expert guidance to write a will, helping you make an asset portfolio, or providing assistance to settle claims, EI is your one-stop solution for all inheritance matters. Visit https://www.easyinherit.in/ to know more.
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