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Joint Bank Accounts and Nomination Rights for Queer Partners
Context:
Recently, the Union Government issued an advisory on August 28, 2024, clarifying that LGBTQIA+ individuals can open joint bank accounts and nominate their partners as beneficiaries.
- Background: Follows a 2023 Supreme Court directive urging equal entitlements for queer partners, despite not recognising same-sex marriage.
- RBI Clarification: Issued on August 21, 2024, to all Scheduled Commercial Banks, confirming the same.
Panel on Entitlements for Queer Couples: In April 2024, the government established a panel, led by the Cabinet Secretary, to outline the entitlements for queer couples in unions.
Historical Context of LGBTQIA+ Recognition in India:
- 1861: Section 377 criminalised homosexual activities.
- 1994: They were legally granted voting rights as a third gender.
- 2018: Supreme Court decriminalised consensual homosexual activities by striking down part of Section 377.
- 2019: Transgender Persons (Protection of Rights) Act enacted.
Challenges Faced by LGBTQIA+ Community:
- Social Discrimination: LGBTQIA+ individuals face discrimination in employment, housing, and healthcare, leading to challenges in living openly.
- Mental Health Issues: Victims of hate crimes and harassment, impacting their mental well-being.
- Rural LGBTQIA+: Lack of exposure and support, leading to suppression of identity and abuse.
- Homelessness: Many LGBTQIA+ youth are homeless due to rejection by families.
Legal Gaps in BNS for Rape of Men and Transgender Persons:
- Case Highlight: A 23-year-old man’s suicide after gang rape in Gorakhpur underscores legal gaps post-Bharatiya Nyaya Sanhita (BNS) implementation.
- Removal of Section 377: With no alternative, men and transgender persons lack legal p rotection against rape in the new BNS.
Government Initiatives:
- National Portal for Transgender Persons: Launched for easy access to identity certificates and grievance redressal.
- Garima Greh: Shelter homes providing comprehensive support and rehabilitation for transgender persons.
- Transgender Persons (Protection of Rights) Rules, 2020: Ensure non-discrimination and equal rights in education, employment, and healthcare.
- Transgender Protection Cells: To monitor offenses against transgender persons.