LGBTQIA+ couples in India can now open joint bank accounts

An advisory in this regard was issued by the Ministry of Finance on August 28.

The advisory stated that the clarification was in line with the Supreme Court's constitution bench judgment in connection with a same-sex marriage case.

While refusing to legalise same-sex marriage with a 3:2 majority, the Supreme Court had noted the submission of Solicitor General Tushar Mehta that the Centre would constitute a committee chaired by the Cabinet Secretary to define and elucidate the scope of the entitlements of queer couples.

The court had directed the committee to consider enabling partners in queer relationships to have the facility of a joint bank account with the option to name their partner as a nominee.

"In connection with Hon’ble Supreme Court of India’s judgement dated 17.10.2023 in the case of Supriyo @Supriya Chakraborty and another Vs. Union of India (Writ Petition Civil No. 1011/2022), this is to clarify that there are no restrictions for persons of the Queer community to open a joint bank account and also to nominate a person in queer relationship as a nominee to receive the balance in the account, in the event of death of the account holder," the advisory issued by the Finance Ministry reads.

The Reserve Bank of India also issued a clarification in this regard to all scheduled commercial banks on August 21.

The 2018 Supreme Court Verdict

In a historic judgement that can be called a milestone in the movement for gay rights in India, the Supreme Court on Sept 6, 2018 ruled that homosexuality is not a crime in the country anymore with the top court moving to scrap Section 377 of the Indian Penal Code, a British era law that treated the practice as unnatural.

A five-judge bench headed by then Chief Justice of India Dipak Misra delivered its verdict on whether Section 377 that holds gay sex as an offence in India, ruling that homosexuality is not an offence.