1 week ago
Delhi High Court Questions Centre on Same-Sex Medical Rights
A woman asked the court to recognize her same-sex partner as someone who can make medical decisions for her.
She said current rules do not clearly give same-sex partners this right.
The couple has lived together in Delhi since 2018 and married in New Zealand in 2023.
The woman said this could cause problems during a medical emergency.
The Delhi High Court asked why the government had not answered the case after a year.
The court also questioned why same-sex couples could live together but not receive similar legal recognition.
The government lawyer asked for more time to obtain instructions.
The court gave the authorities one week to submit their response.
The Delhi High Court questioned why the Centre and National Medical Commission had not replied to a petition filed a year earlier.
The petition seeks recognition of same-sex partners as medical representatives during treatment and medical emergencies.
The petitioner and her partner have lived together in Delhi since 2018 and married in New Zealand in 2023.
The petitioner argues that current rules recognize husbands, wives, parents, guardians, or patients but do not clearly recognize same-sex partners.
The court granted the authorities one week to file their response and scheduled the next hearing for September 17.
- Who
- A woman in a same-sex relationship, represented by senior advocate Saurabh Kirpal, and the Centre and National Medical Commission.
- What
- The Delhi High Court questioned the authorities over their delayed response to a petition seeking medical decision-making recognition for same-sex partners.
- Where
- The petition concerns a couple living together in Delhi; they married in New Zealand in 2023.
- When
- The court issued its latest directions on a Thursday; the matter was listed for further hearing on September 17.
- Why
- The petitioner seeks to address the lack of clear legal recognition for same-sex partners during medical treatment and emergencies.
Key facts
- Court
- Delhi High Court
- Presiding judge
- Justice Swarana Kanta Sharma
- Respondents
- The Centre and National Medical Commission
- Relationship history
- The petitioner and her partner have lived together since 2015 as a relationship and in Delhi since 2018.
- Marriage
- The couple married in New Zealand in 2023.
- Requested recognition
- Same-sex partners should be recognized as medical representatives, or advance medical powers of attorney should be accepted.
- Next step
- The authorities were given one week to file a counter affidavit; the next hearing is scheduled for September 17.
Quotes
Justice Swarana Kanta Sharma
Justice of the Delhi High Court
“"The law recognises a live-in relationship between a man and a woman. Why will it not allow a live-in relationship between a man and a man?"”
NDTV
“"You need to tell me what your stand is. This fight is what for?"”
NDTV
Sources
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