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The Wire
6 days ago
- Entertainment
- The Wire
Why the Law Should Recognise Chosen Families
Law The right to make medical decisions, inherit property or access welfare benefits is still tied to connections of blood or marriage. For some, this means that the people they consider family remain legally invisible. In Deepti Naval's Do Paise ki Dhoop, Chaar Aane ki Baarish, Kaju, a songwriter shunned for his 'sincere' lyrics, returns home to find his lover gone, back to his family. And because life is not done kicking him while he is down, the landlord throws him out for being unable to pay the rent. A fight over a cab with Juhi, a sex worker, leads him to shelter and companionship. She needs somebody to take care of her son while she is out working; he needs a home. Set against a gritty, rain-soaked Mumbai, this is a tender tale of resilience, unexpected bonds and the chosen families queer persons often forge, building hope through shared marginality and quiet acts of care. These kinships are central to many queer lives. Rather than relying on family by blood or marriage, queer persons often build relationships grounded in mutual care, emotional safety and the need to survive together. In some parts of India, hijra gharanas offer a sense of belonging to transgender persons, through ritual and care, led by gurus. Queer friends co-parent children, creating homes beyond heteronormative expectations. Others pool resources and rent, caring for each other through illness, breakups or unemployment. Yet the law offers no recognition to such families. The right to make medical decisions, inherit property or access welfare benefits is still tied to connections of blood or marriage. For some, this means that the people they consider family remain legally invisible. Legal recognition of chosen families and the Rituparna Borah petition The queer community's demand for the law to address this legal vacuum is not new. An important articulation of this demand came in the form of a petition filed by four members of the National Network of LBI Women and Trans Persons and three anonymised couples, which was heard as part of the 20-odd petitions before the Supreme Court in the marriage equality matter, Supriyo v Union of India, in 2023. While the other petitions focused on the demand for marriage equality, the Rituparna Borah petition demanded recognition of the right of a person to nominate 'any person' for making decisions on their behalf in case of incapacity, and for assigning any legal right or benefit. To underscore the significance of this recognition, the petitioners also released testimonies titled ' Apnon ka Bahut Lagta Hai ', highlighting the violence and betrayal queer persons experience from natal and marital families which are, ironically, often associated with safety and loyalty. The petition also highlighted how the non-recognition of chosen families in the law – and in the social psyche – encourages doctors, rehabilitation centres, mental health institutions, shelter homes, the police and community/religious leaders to force queer children and adults back into abusive family settings if they try to escape. While this petition, like many others in the matter, did not receive due attention from the Supreme Court, it provides a roadmap for further legal demands. In 2025, a significant judgment of the Madras high court traced landmark cases which held that the assertion of choice is an inseparable facet of liberty and dignity under Article 21 of the Constitution, and applied the concept to queer persons with chosen partners or families beyond ties of birth or marriage. Legislative changes for a broader definition of family To extend the law's protection to chosen families, where they wish to be governed by the law, legislative reforms are urgently needed. One step could be a comprehensive civil union law that reflects the lived realities of chosen families. This framework must be simple, accessible and delinked from gender or romantic status. Instead, the defining characteristics of such a union can be interdependence (financial or otherwise), shared residence or caregiving. This will accommodate a diversity of family structures. Individuals who wish to enter into a civil union should be able to do so through a straightforward registration process. Once registered, such a union should confer a wide range of rights: the ability to act as legal representatives in hospitals, access to family-linked benefits such as pension or compassionate appointments, inheritance benefits, co-ownership of property, and the ability to take joint loans. Importantly, civil union partners should have the right to adopt children together and be recognised as joint legal guardians, an entitlement currently unavailable to queer couples under Indian family law. This would not only benefit queer persons but also the many others who form non-traditional families: ageing friends living together, long-term caregivers and co-parents raising children outside of marriage. The point is to not force people to fit themselves into the mould of heterosexual marriage and offer a parallel route to legal recognition grounded in choice. Reform is also urgently needed in the law on domestic violence. Violence is not confined to heterosexual or marital relationships. Queer persons can also face emotional, physical, sexual and financial abuse in intimate partnerships and chosen families. For instance, hijra gharanas, while being vital kinship spaces, can become sites of coercion or control, particularly where power is concentrated in the hands of a guru. Current laws, however, offer no protection in such scenarios. While the Protection of Women from Domestic Violence Act, 2005, goes beyond the marital dyad and includes extended family and joint households, its heteronormative framing leaves queer persons out. What we need is a queer-inclusive domestic violence law, whether through a new statute or amendments to the current Act. This framework should recognise a wider definition of the "domestic unit": not just traditional joint families, but gharanas, queer communes, live-in partnerships, and other shared living arrangements. The definition of violence itself must also expand to include identity-based harm against queer persons, such as outing, deliberate misgendering or coercive 'correction'. Nominating decision-makers of choice An important dimension of the demand to recognise chosen families is to carve out where the law cannot or should not interfere in the lives of queer persons. Living a queer life can often mean challenging norms of patriarchy and caste that mark the institution of marriage. It can also mean that relationships are based on shared worldviews rather than dominant social norms. Therefore, the law should not solidify the exact ways in which atypical families should exist or function, and should respect the fluidity and freedom of choice that are inherent to such relationships. This makes a choice to nominate decision-makers and beneficiaries important in queer lives. In India, an adult can nominate a decision-maker irrespective of their relationship to them only in some limited instances – such as under the Mental Healthcare Act 2017 or when they are terminally ill and do not have decision-making capacity. In most other cases, doctors, hospitals, financial institutions, etc. assume that the 'next of kin', typically blood relatives or spouses, should be approached for making surrogate decisions. To address this, the law should recognise the right of every person to nominate any individual of their choice to act on their behalf, receive benefits or make decisions. Ideally, they should be able to nominate different people in different contexts, depending on shared worldviews and comfort. Apart from healthcare decisions, nominations should enable access to labour benefits and welfare schemes without requiring a formal marital or partnership status. Currently, some queer persons are able to convince healthcare and financial institutions to include chosen family in decisions or benefits – but this is restricted to those who have the socioeconomic privilege to do so. Thus, institutional policies and training programmes are crucial for broadening the understanding of 'next of kin', so that the right to nominate is respected irrespective of the socioeconomic power held by a person. These measures would help in recognising chosen families as rightful participants in the social and political lives of queer persons. This would also pave the way for all persons – queer or otherwise – to challenge oppressive traditional norms if they wish to, and negotiate a life of dignity and choice. Rakshita Goyal and Shreyashi Ray are with the Vidhi Centre for Legal Policy, which has prepared policy briefs proposing legal and policy solutions for challenges faced by the queer community. The Wire is now on WhatsApp. Follow our channel for sharp analysis and opinions on the latest developments.
Time of India
30-04-2025
- Entertainment
- Time of India
Manisha Koirala shares heartfelt tribute to friendship with 'Saudagar' co-star Deepti Naval: 'The heart always feels at home'
recently reminisced about her long-standing friendship with and the memorable moments they shared on screen. In an emotional Instagram post, she reflected on her early days in cinema and conveyed her deep connection to Mumbai, a city she credits for playing a vital role in her growth both personally and professionally. Tired of too many ads? go ad free now Instagram Post: Cherished Memories and Friendship The actress shared two photos-one showing her walking alone along the famous Juhu Beach, and another capturing a happy moment with her longtime friend and co-star, Deepti Naval. The two first appeared together in the 1991 film ' Saudagar ', where Deepti played a role closely linked to Manisha's character. Manisha on Friendship and Mumbai Manisha recalled in the caption, "Walking on the beach with my closest buddy… I remember watching her films growing up, and when we finally got to work together in Saudagar — where she played my sort-of mother-in-law — I was overjoyed. Our bond has remained just as warm and effortless over the years. Mumbai, to me, has always been more than just a city. It's the scent of the sea breeze at twilight, the golden glow of sunsets on Juhu Beach, the echo of dreams in every street corner. It's where magic happens — where creative minds come alive, where friendships are forged and nurtured, and where the heart somehow always feels at home." She further added, "And oh — the street food! From spicy bhel puri to piping hot vada pavs — nowhere in the world does it taste better. Every bite carries a memory, every flavor a story. Every walk on the sand here reminds me of where I began my film journey, the people I've met, and the unforgettable journey this city has given me." About 'Saudagar' Directed by the legendary , 'Saudagar' was the debut film for both Manisha Koirala and Vivek Mushran. The movie boasted a stellar ensemble cast, including Amrish Puri, Anupam Kher, Mukesh Khanna, Dalip Tahil, Gulshan Grover, Dina Pathak, and Jackie Shroff. Significantly, it marked only the second time that legendary actors Dilip Kumar and Raaj Kumar appeared together on screen since their 1959 film 'Paigham'.
