0
0
: In a significant legal development, the Delhi High Court has issued a notice to the Central Government and the National Medical Commission (NMC) in response to a plea seeking recognition of same-gender partners as each other’s medical representatives. The petition, filed by a woman married to her partner in New Zealand in December 2023, highlights the lack of explicit acknowledgement for same-sex partners as next-of-kin in India’s medical regulations.
Currently, the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002, stipulate that consent for medical treatment must be obtained from a “husband or wife, parent or guardian,” or the patient. According to the petitioner, this language effectively excludes same-sex partners, causing practical and emotional turmoil during medical emergencies when immediate family members are unavailable to provide consent.
The petition argues that these regulations create a discriminatory barrier in accessing essential healthcare rights for LGBTQIA+ couples. The petitioner’s counsel, Senior Advocate Saurabh Kirpal, contended that this exclusion violates several constitutional rights, including:
-
-
Non-Discrimination (Article 15)
-
Freedom of Expression (Article 19)
-
Right to Life and Personal Liberty (Article 21)
The plea emphasized that the prevailing legal framework is inconsistent with constitutional morality, which mandates respect for diversity and individual dignity. The lack of recognition for same-sex partners in healthcare settings, the petitioner argues, also contradicts India’s international obligations regarding human rights.
The petitioner proposed two main remedies:
-
The framing of clear, binding guidelines directing hospitals and medical practitioners to officially recognize same-sex partners as medical representatives.
-
A declaratory order from the Court stating that a medical power of attorney, granted in advance by one partner to another, should be legally binding within medical settings.
Justice Sachin Datta, while considering the matter, indicated the Court may consider the latter request. The petitioner’s counsel also suggested that until a decision is made, the Centre could frame interim guidelines.
The Central Government’s counsel opposed the plea, stating that unmarried heterosexual couples, such as those in live-in relationships, do not have similar provisions to authorize their partner as a medical representative. Hence, the government argued, the question of discrimination may not arise under current regulations.
Justice Datta also raised the scenario of individuals estranged from their families or living alone, suggesting that the issue extends beyond just sexual orientation.
The Court has set October 27 as the date for the next hearing, seeking formal responses from both the Central Government and the NMC on the subject. The outcome could have far-reaching impacts on both LGBTQIA+ rights and the broader legal recognition of non-traditional partnerships in India.
:
This article is intended for informational purposes only and does not constitute legal advice. The summary presented is based on media reports of ongoing legal proceedings. For the most current legal guidance, consult qualified legal professionals or official sources1.
