Kerala Court Rejects Man's Bid To Cremate Gay Partner; Family Unwilling to Claim Body

It's a harsh reality that minorities often find themselves facing: their struggles seem to gain recognition only in death. Yet, even then, there are no assurances; ironically, it's in the void of absence that one seems to find some form of acknowledgment, far more than any advocacy for equality while they're alive.

A recent incident involving a gay couple from Kerala serves as a stark reminder of this truth.

4 days ago Manu, a gay man, passed away, but his partner Jebin is still waiting for Kerala High Court to decide if he can get Manu¡¯s body because queer relationships are not legally recognised in India. Manu¡¯s parents had refused to accept his body. https://t.co/GaJb3cNOrl pic.twitter.com/3xbe0tGntg

¡ª Yes, We Exist ????????? (@YesWeExistIndia) February 8, 2024

What happened?

Jebin Joseph, survived by his partner Manu, found himself waiting for the latter's family to grant him the 'permission' to bid a final farewell to his beloved. This very family had adamantly refused to accept Manu's body simply because of his sexual orientation.

Making matters worse, Indian law refuses to recognise Jebin as a lawful inheritor, leaving his partner¡¯s body unclaimed for two days. He then approached the Kerala High Court, seeking justice.

Despite legal intervention urging his blood relatives to arrange a funeral, Jebin, Manu's life-partner, found himself navigating through bureaucratic hurdles, attempting to perform his cremation, and secure the right to bid goodbye. But, he failed to do so.

For six agonizing days, Manu's remains lay in the mortuary, caught in a heart-wrenching tug-of-war between those who rejected him in life and the one person who cherished him, all over the logistics of his final rites.

His body was kept at a private hospital in Kochi. Following a severe injury, likely sustained from a fall on the night of February 2, Manu underwent critical care at Aster Medcity hospital. He breathed his last after surviving for two days on ventilator support.

Update: Kerala High Court did not let Jebin receive his deceased partner Manu's body as their gay relationship is not legally recognised. The Court gave his body to his blood relatives who had earlier refused to take it. The Court allowed Jebin to attend the funeral. https://t.co/3m3ctE055E pic.twitter.com/FWi5Is5SRI

¡ª Yes, We Exist ????????? (@YesWeExistIndia) February 8, 2024

What advocate said

Advocate Padma Lakshmi, who is representing Jubin, said the deceased family is claiming that they do not have enough money to pay the hospital bills and burial cost. ¡°Many social activists have come forward to help them settle the entire amount. Still, they are not ready to accept the body. They are not even willing to go to the hospital for one last time. Finally, on Sunday night, a family member called me and told me that they do not ¡®need¡¯ the body,¡± she said.

She said the hospital follows some protocols. If a body is unclaimed, she said, it will be donated to the hospital for medical students to study. ¡°But technically, the body is not unclaimed at all as the deceased partner is willing to take it for burial. Even a dead body has the fundamental right. And therefore, we have prayed to the court to grant him legal rights to claim the body. If a wife can claim her deceased husband¡¯s body, why can¡¯t the same happen in this case? This is a perfect case of discrimination,¡± she said.

The matter is now scheduled for hearing on Wednesday. According to a report by The News Minute, Manu and Jebin had been cohabitating as partners for several years. They had tied matrimonial knots, albeit unrecognized by Indian law.

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