Ahmedabad, July 5:In four years, Pinky (name changed) thought she had fought her share of battles. A lesbian, she got married to partner Shilpa against all odds in conservative Ahmedabad in 2004. Two years ago, again defying all odds, they had a boy, delivered by Shilpa through artificial insemination. However, two weeks ago, Shilpa committed suicide. Pinky’s back battling again, with Shilpa’s parents over custody of the child.

When they got married four years ago, Pinky, an autorickshaw driver, and Shilpa, a nurse, had vowed to live together. They first met at the hospital where Shilpa worked. Unlike other gay couples, they also decided to have their own child. On their combined incomes, they were confident of providing for him.

However, their life took another turn a fortnight ago, when following a domestic quarrel, Shilpa was found hanging from the ceiling fan with her dupatta around her neck.

Pinky, the ‘father’, says she is confident of supporting the two-year-old on the money she earns plying autorickshaw on Ahmedabad streets and wants to raise the boy. However, Shilpa’s parents who never incidentally acknowledged her marriage are seeking the boy’s custody, saying he is their blood.

“Shilpa’s parents have approached Pinky to take custody of the two-year-old,” according to workers with PARMA, an NGO working with those in the marginalised sexuality category. Pleading that she cannot let go of her child, Pinky sought their help.

While the case has not taken a legal turn so far, Bhavana Joshipura, a Rajkot-based lawyer specialising in women’s rights, points out that since there are no laws relating to gay and lesbian couples, “any party in this case can approach a court to seek custody as a guardian”. This further complicates the situation.

PARMA says it has taken up Pinky’s case not as a lesbian issue but as the right of an individual to parenting.

“Pinky loves the kid, she takes care of him and is also capable of supporting him. Every individual has the right to have and raise children,” the activists argue.

Though Shilpa committed suicide, the NGO says it shouldn’t reflect badly on Pinky. “The couple had been living in complete isolation since their marriage. This might have taken a toll on the relationship as they had no one else but each other to fall back upon,” PARMA says.

“When a male and female couple have a kid through artificial insemination, no one can challenge the right of any one of them to raise the kid after the other’s death. So why should it be different in the case of a lesbian couple?” asks the NGO.

As Pinky waits, for now, there are no answers.

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