LGBTQIA+ couples can open joint bank accounts; name partner as nominee: Central government
The Central government has issued clarification that there is no bar for forming a joint bank account for the queer couple or nominating his/her queer partner for the nominee of the account.
An advisory to this effect was given by the Ministry of Finance on the 28th Aug.
The advisory said that the clarification was made to conform with the Supreme Court ‘s constitution bench judgment in Supriyo @ Supriya Chakraborty & Anr v. Union of India or the same-sex marriage case.
During a 3:2 majority ruling wherein the apex court declined to legalise same sex marriage, the SC had taken note of the statement made by Solicitor General Tushar Mehta that the Central government would form a Committee with the Cabinet Secretary as its chairman to define and explain the contour of the rights of queer couples.
The Court had very specifically stated that the Committee should consider it legal for partners in queer relationships to open a joint bank account with the possibility to nominate the partner on the account.
What may be noted in relation to Hon’ble Supreme Court of India’s judgement dated on 17. 10. 2023 in the case of Supriyo @Supriya Chakraborty and another Vs. Union of India (Writ Petition Civil No. 1011/2022): No restriction for persons of Queer community to open joint bank account as also to nominate a person in queer relationship to receive balance in the
The Reserve Bank of India also in this regard has issued a clarification to all the scheduled Commercial Banks in India on August 21.
