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.

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