Centre tells Delhi HC same-sex partners can be nominated for medical decisions

Delhi High Court in New Delhi. | Photo Credit: File The Centre has told the Delhi High Court that an adult can nominate a partner, including one in a non-heterosexual relationship, to make medical decisions if they become incapacitated, potentially opening the way for same-sex partners to act for each other despite existing rules not clearly recognising such arrangements.The submission comes in a case filed by Arshiya Takkar, who has been in a relationship with her partner since 2015 and married her in New Zealand in 2023. Her plea highlighted that in the event of a medical emergency, she could be left without any legal mechanism to make critical decisions for her partner, despite the couple having lived together in Delhi since 2018.Responding to her plea, the Union Ministry of Health and Family Welfare and the National Medical Commission said that allowing a competent adult to nominate a partner, including one in a same-sex relationship, to take medical decisions in the event of incapacity was “substantially capable of being accommodated within the existing legal and ethical framework”.“Permitting a competent adult to nominate his/her partner, including a partner in a non-heterosexual/same-sex relationship, to take medical decisions on his/her behalf in the event of incapacity would constitute a logical and tailored extension of the same principle,” the affidavit said. It added that such a nomination could be subject to appropriate safeguards and the applicable law.The Centre said decisions concerning an adult patient who is unable to make or communicate a decision must be considered in light of the nature of the treatment, the circumstances requiring the decision, the patient’s own wishes, and the legal framework governing such representation.It further submitted that where a competent adult has nominated or otherwise authorised their partner to act on their behalf in the event of incapacity, “there appears to be no medical or ethical rationale for excluding such person merely on account of the sex, gender or sexual orientation of the partners or because their union does not fall within the conventional understanding of marriage...”.The Centre also said it recognised and respected the constitutional guarantees of dignity, privacy, autonomy, equality and individual choice available to all persons, including members of the LGBTQIA+ community.The petition is likely to come up for hearing on Thursday (September 17, 2026).Ms. Takkar, in her petition filed last year through advocates Manjira Dasgupta and Bhargav Ravindran Thali, highlighted the lack of a clear legal framework or common law recognising “partners in a union”, making it difficult to provide consent during medical treatment or emergencies.The plea stated that the existing regulation, Clause 7.16 of the Indian Medical Council (Professional Conduct, Etiquette, and Ethics) Regulations, 2002, mandates consent for medical procedures or treatment from a “husband or wife, parent or guardian in the case of a minor, or the patient himself”.“This lack of explicit recognition of partners in a union renders the petitioner effectively powerless to make critical medical decisions for her partner, or vice versa, a right readily available to heterosexual partners under the current regulations,” it stated.The petition contended that despite the Supreme Court directive for a high-powered committee to address entitlements of LGBTQIA+ couples, including their recognition as “family” for medical decision-making, the authorities have failed to take expeditious measures.“This inaction leaves the petitioner and other same-sex couples vulnerable and unable to exercise the fundamental right to care for each other in medical emergencies,” the plea said. Published - September 16, 2026 07:45 pm IST