No matter what sex, a couple is a couple

In 2018, the Supreme Court struck down a 158-year-old British-era law criminalising same-sex relations between consenting adults, calling it 'irrational, indefensible, and manifestly arbitrary'. Cut to 2023. Despite strong and persistent demands from the LGBTQI community and many others, the court stopped short of the next logical step: legalising same-sex marriage. It has since passed the matter to Parliament. This 'pause' has left same-sex couples grappling with urgent, everyday problems, from financial to tax matters. One such hurdle surfaced recently when a same-sex couple challenged a discriminatory tax provision in the Bombay High Court, arguing that the law unfairly taxes gifts between them, even as heterosexual couples not legally married face no such penalty. They contended that this amounts to a denial of equal protection under the law because of sexuality. The court has rightly admitted their petition.

In 2024, finmin stated there are no restrictions for LGBTQI persons to open joint bank accounts or nominate a partner. Yet, an ICICI report notes the financial industry remains 'not geared towards catering to the needs of LGBTQI couples' because their relationships lack legal recognition. The biggest roadblock is succession planning. It's far from straightforward for LGBTQI partners to protect each other through inheritance. In India, succession laws differ by religion. Most favour relationships recognised by law, effectively shutting out same-sex couples.

While Parliament debates same-sex marriage, these daily inequities cannot be left to fester, or be brushed aside. Unless they are resolved, the 2018 verdict will stand as a half-measure - historic on paper but hollow where it matters most: in people's day-to-day lives.