The Central government has expressed its support for a plea in the Delhi High Court that seeks to allow same-sex partners to serve as medical representatives for each other during health emergencies. This move could potentially enable them to provide consent for medical treatments, as stated in an affidavit submitted to the court on September 10.
The affidavit emphasizes that the request to acknowledge a non-heterosexual partner as a medical representative can be integrated within the current legal and ethical frameworks. It suggests that the provisions of the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002, should be interpreted in a way that does not exclude individuals based on their sexual orientation. The Central government further argued that the absence of a relative should not impede urgent medical treatment and that the administrative practice of requiring a relative’s consent should not override a competent adult patient’s right to bodily autonomy.
The affidavit also highlighted the importance of factors such as the nature of the treatment, the urgency of the medical situation, and the patient’s wishes in determining who should act as a medical representative.
The plea was brought forward by a woman who married her partner in New Zealand in 2023. She contends that it is crucial to have their union recognized in medical settings, especially since her partner’s immediate family members live in different states or countries, potentially making them unavailable during emergencies.
According to the plea, existing regulations necessitate the consent of a “husband or wife, parent or guardian in case of minors, or the patient himself” for medical procedures. “This lack of explicit recognition of partners in a union renders the Petitioner effectively powerless to make critical medical decisions for Ms. Chopra, or vice-versa, a right readily available to heterosexual partners/couples under the prevailing 2002 Regulations,” the plea noted.
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The plea asserts that the current legal and regulatory framework violates the rights of homosexual individuals under Articles 14, 15, 19, and 21 of the Indian Constitution. It argues that the existing practices, by limiting medical decision-making rights to heterosexual couples or traditional family members, contradict the evolving constitutional understanding and violate constitutional morality, which demands respect for diversity and individual dignity. Furthermore, the plea suggests that the lack of legal recognition for same-sex partners in medical decision-making also breaches India’s international obligations.
Consequently, the petitioner has requested the court to establish guidelines directing hospitals and doctors to recognize non-heterosexual partners as medical representatives. Alternatively, they have asked the court to declare that a medical power of attorney given in advance to a non-heterosexual partner is sufficient for them to act as a medical representative.
The Delhi High Court issued notices to the Central government and the National Medical Commission (NMC) on July 17, 2025. On August 20, the court granted the Centre a week to respond to the petition. The case is set for a final hearing on September 17. Senior Advocates Saurabh Kirpal and Shyel Trehan are representing the petitioner, with the plea filed through Advocates Manjira Dasgupta and Bhargav Ravindran Thali.
