Court Seeks Centre's Reply On Medical Consent Rights Of Same-Sex Partners
The Delhi High Court on Thursday issued a notice to the Central government regarding a petition urging for the creation of guidelines to legally recognise non-heterosexual partners as medical representatives, thereby allowing them to give consent on each other's behalf in medical situations.
Justice Sachin Datta sought responses from the Union Ministries of Health and Family Welfare, Law and Justice, Social Justice and Empowerment, and the National Medical Commission regarding the plea.
The petition was filed by Arshiya Takkar, who is in a long-term same-sex relationship with advocate Ms Chand Chopra. The couple has been together since June 2015, celebrated their engagement in December 2019, and held a commitment ceremony in December 2023. Following the Supreme Court's ruling in Supriyo @ Supriya Chakraborty & Anr. v. Union of India, which affirmed the fundamental right of same-sex couples to form unions, they legally married in New Zealand on December 14, 2023.
The petition highlights the urgent need to recognise same-sex unions within the Indian medical framework. Ms Chopra's family resides outside Delhi or abroad, making it impractical for them to assist during medical emergencies. This leaves Takkar, her partner, ineligible to act as her medical representative, despite their committed relationship.
Takkar contends that such exclusions are discriminatory, infringing upon constitutional guarantees under Part III of the Indian Constitution. Drawing on the precedent set in Navtej Singh Johar v Union of India, she argues that discrimination based on sexual orientation violates the fundamental rights to equality and freedom of expression.
The petition further asserts that denying medical decision-making authority violates Article 19(1)(a) and (c), by limiting the Petitioner's right to express her relationship through mutual care. It also breaches Article 21, which ensures the right to live with dignity and autonomy in personal relationships.
Takkar mentioned multiple rulings which emphasised legal recognition for "chosen families" within the LGBTQIA community. The petition argues that the refusal to extend medical rights to non-heterosexual partners conflicts with constitutional morality and evolving societal norms.
Additionally, the plea claims that such denial contravenes India's international human rights commitments. Despite the Supreme Court's directive for a high-level committee to address the entitlements of queer couples, including medical decision-making, no actionable progress has been made. This legal vacuum, the petitioner says, continues to leave same-sex couples vulnerable during medical crises.
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