(IRDAI) definition of spouse needs to be updated. Partner live in Relationship & LGBTQ

(IRDAI) definition of spouse needs to be updated. Partner live in Relationship & LGBTQ

The Issue

The Insurance Regulatory and Development Authority of India (IRDAI) defines the spouse as "one's husband or wife by a lawful marriage performed under personal or statutory laws, which is evidenced by a marriage certificate or such other proof acceptable to the Policyholder and the Insurer". However, this definition is rather conservative and outdated. It excludes the partners in live-in relationships outside a conventional wedlock. This rigid framework prevents the insurance stakeholders to list their partners as a beneficiary of the policy. The framework of IRDAI is discriminatory against the LGBTQ+ individuals in India. The same-sex marriages are not recognised as legally valid in India. Hence, the IRDAI laws exclude the same-sex individuals in a live-in relationship. Moreover, the Transgender individuals are also often in a live-in relationship with cis-gendered individuals. Some of them also perform the marriage processions and rituals although such a marital status has no legal basis. In view of these facts, it is the need of the time that IRDAI reviews its definitions of a spouse and create a more inclusive framework of the policy issuance. 

avatar of the starter
Mist FoundationPetition Starter
This petition had 148 supporters

The Issue

The Insurance Regulatory and Development Authority of India (IRDAI) defines the spouse as "one's husband or wife by a lawful marriage performed under personal or statutory laws, which is evidenced by a marriage certificate or such other proof acceptable to the Policyholder and the Insurer". However, this definition is rather conservative and outdated. It excludes the partners in live-in relationships outside a conventional wedlock. This rigid framework prevents the insurance stakeholders to list their partners as a beneficiary of the policy. The framework of IRDAI is discriminatory against the LGBTQ+ individuals in India. The same-sex marriages are not recognised as legally valid in India. Hence, the IRDAI laws exclude the same-sex individuals in a live-in relationship. Moreover, the Transgender individuals are also often in a live-in relationship with cis-gendered individuals. Some of them also perform the marriage processions and rituals although such a marital status has no legal basis. In view of these facts, it is the need of the time that IRDAI reviews its definitions of a spouse and create a more inclusive framework of the policy issuance. 

avatar of the starter
Mist FoundationPetition Starter

The Decision Makers

The Insurance Regulatory and Development Authority of India
The Insurance Regulatory and Development Authority of India

Petition Updates