2 hrs ago
Centre Says Queer Partners Can Make Emergency Medical Decisions
The government told a court that adults should be able to choose someone they trust to make medical decisions for them if they cannot do so themselves.
That trusted person could be a partner in a queer relationship.
The government said hospitals should not reject the partner just because the couple is not in a traditionally recognised marriage.
The patient would need to nominate or authorise the partner in advance.
In some cases, a partner might also be considered a caregiver or next friend if no nomination exists.
The government said legal safeguards and checks would still apply.
The case was brought by a woman whose same-sex partner might otherwise be unable to help during a medical emergency.
She is asking the court to create clear rules for hospitals and doctors.
The Centre told the Delhi High Court that adults may nominate queer partners to make medical decisions if they become incapacitated.
The government said this approach can fit within existing legal and ethical rules, subject to safeguards and applicable law.
The Centre said partners should not be excluded solely because of their sex, gender, sexual orientation or lack of formal marriage recognition.
The petition seeks guidelines requiring hospitals and doctors to recognise non-heterosexual partners as medical representatives.
The case concerns a same-sex couple who married in New Zealand and live together in Delhi.
- Who
- The Union Ministry of Health and Family Welfare and the National Medical Commission responded to a petition by a woman in a same-sex relationship.
- What
- The Centre said an adult may authorise a queer partner to make medical decisions during incapacity, subject to law and safeguards.
- Where
- The matter is before the Delhi High Court and concerns a couple living together in Delhi.
- When
- The submission was reported on September 16; the petition was scheduled for a Delhi High Court hearing on Thursday, after notice was issued in July 2025.
- Why
- The petition says existing rules do not clearly recognise same-sex partners as medical representatives during treatment or emergencies.
Petitioner's position
Centre's position
Need for explicit recognition
Petitioner's position
The petitioner says the existing regulation is vague and leaves same-sex partners unable to make critical decisions or access care during emergencies.
Centre's position
The Centre says the requested relief is substantially capable of being accommodated within the existing legal and ethical framework.
Advance authorisation
Petitioner's position
The petitioner seeks a declaration that a medical power of attorney given in advance to a non-heterosexual partner is sufficient authority.
Centre's position
The Centre supports allowing an authorised partner to act, but says the arrangement must remain subject to applicable law and safeguards.
Cases without prior nomination
Petitioner's position
The petition highlights the absence of a clear framework for recognising partners in a union as medical representatives.
Centre's position
The Centre says that, in appropriate circumstances, a partner may be considered a person in a relationship of care or a next friend, subject to verification and safeguards.
Key facts
- Government position
- A competent adult can nominate or authorise a partner, including a queer partner, to make healthcare decisions during incapacity.
- Legal basis cited
- The Centre relied on the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002.
- Safeguards
- Any arrangement would remain subject to applicable law, verification, patient safety and other appropriate safeguards.
- Petitioner's request
- The petitioner seeks guidelines requiring hospitals and doctors to recognise non-heterosexual partners as medical representatives.
- Alternative request
- The petition asks that an advance medical power of attorney be accepted as sufficient authority for a non-heterosexual partner.
- Relationship history
- The petitioner and her partner have been together since 2015, married in New Zealand in 2023 and lived together in Delhi since 2018.
Quotes
Union Ministry of Health and Family Welfare and National Medical Commission
Government bodies responding to the Delhi High Court petition
““In the absence of such prior nomination, the partner may also be considered, in appropriate circumstances and subject to applicable law, verification and safeguards, as a person in a relationship of care/ next friend for purposes of medical decision-making,””
theprint.in
Petitioner
Woman petitioning for recognition of her same-sex partner in medical decisions
““Alternatively, the petitioner seeks a declaration that a medical power of attorney given in advance by a patient to their non-heterosexual partner shall be sufficient for such partner to act as the duly constituted medical representative.””
theprint.in
Sources
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