Archive · 16 Sep 2026
Centre Supports Same-Sex Partners’ Medical Decision-Making Plea
A same-sex couple asked the Delhi High Court to let each partner make medical decisions for the other during treatment or emergencies.
The Ministry of Health and Family Welfare supports allowing this kind of nomination.
It said people in queer relationships should not be excluded because of their sex, gender or sexual orientation.
However, the ministry said Indian marriage laws use the word “spouse” only for heterosexual couples.
It also referred to a 2023 Supreme Court of India ruling that did not legalise same-sex marriage.
The couple married in New Zealand in December 2023.
They say India currently has no clear system recognising their right to act as each other’s medical representative.
The court is considering the case after asking the government to respond.
The Ministry of Health and Family Welfare supported a same-sex couple’s plea in the Delhi High Court.
It said queer partners should not be excluded from nominating each other for medical decisions because of sex, gender or sexual orientation.
The ministry maintained that “spouse” under Indian marriage laws applies only to heterosexual couples.
It relied on the Supreme Court of India’s 2023 decision declining to legalise same-sex marriage.
The couple, married in New Zealand in December 2023, filed the petition in July 2025 seeking recognition as medical representatives.
- Who
- A same-sex couple and the Ministry of Health and Family Welfare are involved; the Delhi High Court is hearing the plea.
- What
- The couple seeks recognition of each partner’s ability to nominate the other to make medical decisions during treatment or emergencies.
- When
- The petition was filed in July 2025; the ministry submitted its response on September 9, before the next hearing on Thursday.
- Where
- The case is before the Delhi High Court; the couple married in New Zealand.
- Why
- The couple says there is no framework recognising non-heterosexual partners as medical representatives, while the ministry says they should not be excluded solely because of sex, gender or sexual orientation.
Broader Medical-Decision Rights
Existing Marriage-Law Limits
Medical representation
Broader Medical-Decision Rights
The Ministry of Health and Family Welfare said people in non-heterosexual or queer relationships should not be excluded from nominating their partners to make medical decisions.
Existing Marriage-Law Limits
The couple says there is currently no framework that clearly grants or recognises these rights during medical treatment or emergencies.
Meaning of “spouse”
Broader Medical-Decision Rights
The ministry supported applying the existing nomination framework to queer partners without discrimination based on sex, gender or sexual orientation.
Existing Marriage-Law Limits
The ministry maintained that “spouse” in Indian marriage laws applies only to heterosexual couples and cited the Supreme Court of India’s 2023 decision against legalising same-sex marriages.
- Petition filed
- July 2025
- Government response
- The Ministry of Health and Family Welfare filed its response on September 9.
- Couple’s marriage
- The couple married in New Zealand in December 2023.
- Requested recognition
- The partners want to act as medical representatives for each other.
- Ministry’s position
- Queer partners should not be excluded from existing nomination rules because of sex, gender or sexual orientation.
- Marriage-law position
- The ministry said “spouse” under Indian marriage laws applies only to heterosexual couples.
- Relevant precedent
- The ministry relied on the Supreme Court of India’s 2023 five-judge bench decision against legalising same-sex marriages.