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The Union Finance Ministry on Thursday said that there are no restrictions for persons of the queer community to open a joint bank account.
The advisory comes in connection with the Supreme Court’s judgement on October 17, 2023, in the case of Supriya Chakraborty and another vs Union of India (Writ Petition Civil No. 1011/2022).
In an official advisory, the Ministry of Finance’s (MOF) Department of Financial Services said, “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 a queer relationship as a nominee to receive the balance in the account, in the event of the death of the account holder.”
The Finance Ministry further added that a clarification in this regard has also been issued by the Reserve Bank of India (RBI) to all the scheduled commercial banks on August 21, 2024.
“In connection with the Hon’ble Supreme Court of India’s judgement of October 17, 2023, in the case of Supriya Chakraborty and another vs Union of India,” it added.
In the 2023 case of Supriyo Chakraborty and another vs Union of India, the Supreme Court recommended that queer partners be allowed to open joint bank accounts and name their partner as a nominee to receive the balance if they die.
The court also recommended other considerations, such as treating queer partners as part of the same family for ration cards and allowing them to visit their partner in jail. The court also mentioned other legal entitlements, including succession rights, maintenance, financial benefits, and rights related to employment.
The five-judge bench of the Supreme Court, however, on October 17, 2023, refused to grant legal recognition for same-sex marriages, observing that it was a matter for the Parliament to decide.
First Published: Aug 29 2024 | 7:08 PM IS