Kerala High Court Permits Queer Man To Attend Deceased Live-In Partner's Last Rites If His Family Doesn't Object

“This court certainly has little doubt that the constitutionally protected and guaranteed right of every individual to dignity and fair treatment specially under Article 21 of the Constitution of India, cannot be construed to cease with death; but continues much beyond, or at least as such time as the mortal remains are dealt with the respect it commands.”

The petitioner had approached the Court stating that his partner passed away on February 3 after falling from his flat. The mortal remains were however being maintained by Aster Medicity hospital, allegedly over failure to clear the medical bills. Petitioner was also told that he is not recognized to have any right qua the deceased under any legislative or customary laws.

The court orally pointed out that decisions pertaining to the mortal remains of the deceased would remain with the parents as they are the legal heirs.

The Counsel for the Petitioner, Advocate Prashanth Padmanabhan argued that the petitioner is entitled to certain rights as the live-in partner of the deceased and pointed out that due to the stigma and in the absence of legally enumerated rights, the court has a duty to protect the interests of the petitioner.

However, the bench refused to enter into this 'academic discussion' as the deceased's brother had no objection to the petitioner attending the last rites.

“Human dignity, no doubt, lies at the core of all international human rights schemes and legislations...The right of an individual to a dignified and decent burial remains inviolable and beyond question” observed the court.

The court also took note of the social stigma faced by couples from the LGBTQIA+ community and directed any support required to be provided to the petitioner to attend the last rites.

Counsel for the Petitioner: Advocates Padma Lakshmi and Haseena T

Counsel for the Respondents: Government Pleader Sunil Kumar Kuriakose

Case Title: Jebin Joseph v. State of Kerala 

Case Number: WP (C) No. 4636 of 2024

Citation: 2024 LiveLaw (Ker) 103