

(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 However, this definition is rather conservative and outdated.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.
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 However, this definition is rather conservative and outdated.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.
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Petition created on 13 January 2022