The Delhi High Court on Thursday sought responses from the Central government and the National Medical Commission (NMC) on a petition seeking recognition of same-sex partners as each other’s medical representatives.
Justice Sachin Datta issued notice and directed the government to file its reply.
The petition was filed by a woman who married her same-sex partner in New Zealand in 2023. She urged the Court to direct hospitals and doctors to recognise non-heterosexual partners as valid medical decision-makers, particularly in cases where immediate family members may not be accessible due to geographical distance.
The petitioner pointed out that existing regulations require consent from a “husband or wife, parent or guardian in case of minors, or the patient himself” for medical procedures. This framework, the plea argues, excludes same-sex couples from making urgent decisions on behalf of one another.
“This lack of explicit recognition renders the petitioner powerless to take crucial medical decisions for her partner, a right that is otherwise readily available to heterosexual couples,” the petition stated.
It further contended that this legal gap violates the rights of same-sex couples under Articles 14 (equality before law), 15 (protection against discrimination), 19 (freedom of expression), and 21 (right to life and personal liberty) of the Constitution.
The plea also underscored that India's current regulatory framework conflicts with constitutional morality and the nation’s international human rights obligations, which mandate respect for diversity, equality, and individual dignity.
As relief, the petitioner urged the Court to issue binding guidelines requiring medical institutions to recognise non-heterosexual partners as valid medical representatives. Alternatively, she sought a judicial declaration that a medical power of attorney granted to a same-sex partner should suffice for recognition in such matters.
Senior Advocate Saurabh Kirpal appeared for the petitioner. The plea was filed through advocates Manjira Dasgupta and Bhargav Ravindran Thali.