“Fortunately, the petitioner may be saved of any further pathos since the learned government pleader informs this court that the police authorities have talked to the family of late Manu and that, though they are not in agreement of his mortal remains being handed over to the petitioner, they have no objection in him taking part in his last life and obsequies, which is to be held at their hometown at Payyavoor, Kannur.”
WITH these words, Justice Devan Ramachandran disposed of a writ petition filed by Jebin Joseph, a 27-year-old gay man who claimed the dead body of his live-in partner. The family of the deceased partner had earlier refused to claim the body until the hospital bills were settled since the partner, Manu, died in mysterious conditions. When the community and friends collected the money and paid it off, the family staked claim. Yet, Jebin, who had been Manu’s only family when he came out, was not given custody of his remains but had to be satisfied with mere presence at the funeral instead of being allowed to carry out the funeral rites.
The reason for this was simple: Jebin and Manu were not married, nor was their marriage recognised under Indian law. Indian law recognises familial rights, and associations by three modes: blood, adoption, and marriage. That is exactly what queer persons were fighting for in the Supreme Court last year. The court, unfortunately, refused those claims. In its judgement in Supriyo Chakraborty v. Union of India, a five-judge Constitution Bench of the Supreme Court had held that there is no fundamental right to marriage recognised under the Constitution, and thus, the lack of recognition of nonheterosexual marriages by law under the Special Marriage Act, 1954, is permissible discrimination.
Denne historien er fra June 12, 2024-utgaven av Outlook.
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Denne historien er fra June 12, 2024-utgaven av Outlook.
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Caste Census: To Conquer Or Conserve?
The caste census is generating heated debate, but even its most ardent proponents are not able to articulate a plan about how to use the resulting data
THE FATEFUL COMEDY
Actor-director Rajat Kapoor talks about adapting Fyodor Dostoevsky's The Brothers Karamazov into a Hindi play
Mad Hatter
When a leader takes off his topi and holds it in his hands while appealing for votes, it signals something extraordinary
Circle Within Circles
The caste question in Muslims.
Backward March
The Maratha reservation question may continue to mire the next government in the state
The 69% Exception
Quota within quota: lessons to be learned from Tamil Nadu
United Indifference
The perils of tweaking tribal identities
Two Nations, Two Destinies
The widely differing balance of power between the military and civilian leadership in India and Pakistan has significantly impacted democracy in the two countries
Crème de la Crème
The mainstream society thinks reservations are against right to equality. It’s high time they are seen in the context of right to justice.
Fading Folks
The recent SC ruling on sub-classification within the SC and ST categories temporarily lifted the hopes of tribal communities in Jharkhand