‘6 years since decriminalisation of same-sex relationships, daily challenges persist for LGBTQIA+ community,’ Pune foundation writes to Ministry of Social Justice

The letter has also been sent to cabinet secretary T V Somanathan who is the president of the Committee that has been appointed this year to study issues affecting persons in same-sex relationships

3 min readPuneUpdated: Sep 6, 2024 08:43 AM IST

Same-sex marriages have no legal sanction. The Supreme Court last year ruled out constitutional validity to same-sex marriages and observed that it was for Parliament to formulate legislation. (File)

Six years since the historic decision of the Supreme Court decriminalising same-sex relationships between consenting adults, the LGBTQIA+ community continues to face challenges on account of lack of legal recognition for same-sex marriages, said Bindumadhav Khire, Director of Pune-based Bindu Queer Rights Foundation, in a letter to the Ministry of Social Justice and Empowerment.

Same-sex marriages have no legal sanction. The Supreme Court last year ruled out constitutional validity to same-sex marriages and observed that it was for Parliament to formulate legislation.

“On October 17, 2023, a Constitution Bench of five Supreme Court judges, declined to grant same-sex couples the right to marriage under the Special Marriage Act, 1954, which means that same-sex partners who are living in same-sex relationships continue to be regarded as second-class citizens,” Khire said in the letter.

The letter has also been sent to cabinet secretary T V Somanathan who is the president of the Committee that has been appointed this year to study issues affecting persons in same-sex relationships.

Listing the challenges, Khire pointed out that a same-sex partner cannot be nominated under the Gratuity Act. “The same-sex partner is not considered a family and hence cannot claim gratuity. (Whereas if it were a married heterosexual couple, the man or the woman can nominate their spouse to claim gratuity),” he said.

“Most medical insurance companies do not allow for a same-sex partner to be listed as a dependent. So, if the partner does not have medical insurance and is to be hospitalised, the expenses will not be taken care off through his partner’s insurance,” Khire added.

When contacted, Nitin Karani, 53, a Mumbai-based LGBTQIA+ activist who was among the original petitioners in the same-sex marriage case in the Supreme Court, said, “whatever the government has announced so far, is only because the Chief Justice of India in their verdict last October asked them to do.”

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“Although unsurprising, it is a shame that this government is unwilling to fulfill the Constitution’s promise of equality. While the measures announced may be essential, not only they don’t go far enough to achieve the goal of treating all people equally, but I would also caution that the proof of the pudding is in the eating. So, the quality and time frame of execution need monitoring,” he told The Indian Express.

Anuradha Mascarenhas

Anuradha Mascarenhas is a Senior Editor at The Indian Express, based in Pune. With a career spanning three decades, she is one of the most respected voices in Indian journalism regarding healthcare, science and environment and research developments. She also takes a keen interest in covering women's issues . Professional Background Education: A gold medalist in Communication and Journalism from Savitribai Phule Pune University and a Master’s degree in Literature. Author: She authored the biography At The Wheel Of Research, which chronicles the life and work of Dr. Soumya Swaminathan, the former Chief Scientist at the WHO. Key Focus: She combines scientific accuracy with storytelling, translating complex medical research into compelling public and human-interest narratives. Awards and Recognition Anuradha has won several awards including the Press Council of India's national award for excellence in journalism under the gender based reporting category in 2019 and the Laadli Media award (gender sensitivity -2024). A recipient of the Lokmat journalism award (gender category-2022), she was also shortlisted for the RedInk awards for excellence in journalism-2021. Her debut book At The Wheel Of Research, an exclusive biography of Dr Soumya Swaminathan the inaugural chief scientist of World Health Organisation was also nominated in the Popular Choice Category of JK Paper AUTHER awards. She has also secured competitive fellowships including the Laadli Media Fellowship (2022), the Survivors Against TB – New Research in TB Media Fellowship (2023) and is part of the prestigious 2025 India Cohort of the WomenLift Health Leadership Journey.” Recent Notable Articles (Late 2025) 1. Cancer & Specialized Medical Care "Tata Memorial finds way to kill drug-resistant cancer cells" (Nov 26, 2025): Reporting on a breakthrough for triple-negative breast cancer, one of the most aggressive forms of the disease. Discipline, diet and purpose; How a 97-year-old professor defies ageing'' (Nov 15, 2025) Report about Prof Gururaj Mutalik, the first Head of Department at Pune's B J Government Medical College who at 97 credits his longevity to healthy habits and a strong sense of purpose. 2. Environmental Health (The "Breathless Pune" Series) Long-term exposure even to 'moderate' air leads to chronic heart, lung, kidney issues" (Nov 26, 2025): Part of an investigative series highlighting that even "safe" pollution levels are damaging to vital organs. "For every 10 µg/m3 increase in PM2.5 level, there was 6-8% jump in medicine sales" (Nov 23, 2025): Using commercial data to prove the direct link between air quality and respiratory illnesses in Pune. 3. Lifestyle & Wellness News "They didn't let cancer, diabetes and heart disease stop them from travelling" (Dec 22, 2025): A collaborative piece featuring survivors who share practical tips for traveling with chronic conditions. At 17, his BP shot up to 200/120 mmHG; Lancet study flags why child and teen hypertension doubled between 2000 and 2020'' (Nov 12,2025)--A report that focusses on 17-year-old-boy's hypertensive crisis and reflects the rising global trend of high blood pressure among children and adolescents. 4. Scientific Recognition & Infrastructure For promoting sci-comm, gender diversity: IUCAA woman prof highlighted in Nature" (Nov 25, 2025): Covering the global recognition of Indian women scientists in gender studies and physics. Pune researchers find a spiral galaxy like the Milky Way from early universe'' (December 3, 2025)- A report on how Indian researchers discovered a massive galaxy that existed when the universe was just 1.5 billion years old , one of the earliest to have been observed so far. Signature Beat: Health, Science & Women in Leadership Anuradha is known for her COVID-19 reportage, where she was one of the first journalists to provide detailed insights into the Covishield and Covaxin trials. She has a dedicated interest in gender diversity in health and science, often profiling women researchers who are breaking the "leaky pipeline" in STEM fields. Her writing style is scrupulous, often featuring interviews with top-tier scientists and health experts from various institutions. ... Read More

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