Archive · 17 Sep 2025
Deed of Familial Association Could Support Queer Couples' Rights
Some laws in India treat same-sex couples unfairly, like taxing gifts between partners.
A couple has sued the government about this.
The Supreme Court said that while there is no right to marry, queer people have the right to relationships.
The government is trying to help, but it's hard to know who is in a queer relationship.
To fix this, the author suggests using a Deed of Familial Association (DoFA).
This would be an official document that recognizes same-sex partnerships, making it easier for couples to get the same rights as everyone else.
A same-sex couple challenges gift tax discrimination in Bombay High Court.
The Supreme Court affirmed the right to relationships for queer persons.
Government issued advisories to treat queer couples the same as heterosexual couples.
Current implementation of rights is unclear due to lack of formal recognition.
Deed of Familial Association (DoFA) is proposed to recognize partnerships.
- Who
- Same-sex couples in India
- What
- Facing legal discrimination in gift taxation; seeking recognition of their relationships
- When
- Petition filed recently; Supreme Court decision in October 2023
- Where
- India
- Why
- To secure rights and recognition comparable to heterosexual couples
- Key Issue
- Discriminatory taxation of gifts between same-sex couples
- Court
- Bombay High Court
- Next Hearing Date
- September 18
- Supreme Court Ruling
- No fundamental right to marry, but right to relationship affirmed
- Committee
- Government committee chaired by Cabinet Secretary
- Proposed Solution
- Deed of Familial Association (DoFA)