Explain med consent bar on same-sex people: Delhi HC
NEW DELHI: Delhi HC Thursday sought Centre's explanation for excluding same-sex couples from the right to make medical decisions for each other during treatment.
Justice Sachin Datta observed there appeared to be no reason why this right should 'not be available' to same-sex or unmarried couples under Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002.
It directed Centre and National Medical Commission to respond within four weeks.
The 2002 regulations state that consent for medical procedures must be obtained from 'husband or wife, parent or guardian in the case of a minor, or the patient himself.'
HC was hearing a plea by Arshiya Takkar seeking legal recognition for queer couples to make medical decisions for partners during emergencies. The plea argued that lack of guidelines leaves queer partners powerless in critical situations and amounts to bias.
Justice Datta also questioned how the rules applied to orphans or people living alone and asked Centre to clarify.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Time of India
4 hours ago
- Time of India
Explain med consent bar on same-sex people: Delhi HC
File photo NEW DELHI: Delhi HC Thursday sought Centre's explanation for excluding same-sex couples from the right to make medical decisions for each other during treatment. Justice Sachin Datta observed there appeared to be no reason why this right should 'not be available' to same-sex or unmarried couples under Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002. It directed Centre and National Medical Commission to respond within four weeks. The 2002 regulations state that consent for medical procedures must be obtained from 'husband or wife, parent or guardian in the case of a minor, or the patient himself.' HC was hearing a plea by Arshiya Takkar seeking legal recognition for queer couples to make medical decisions for partners during emergencies. The plea argued that lack of guidelines leaves queer partners powerless in critical situations and amounts to bias. Justice Datta also questioned how the rules applied to orphans or people living alone and asked Centre to clarify.
The Hindu
5 hours ago
- The Hindu
Petition in Delhi HC seeks medical consent rights for same-sex partners
The Delhi High Court on Thursday issued notices to the Centre and the National Medical Commission on a plea seeking recognition of non-heterosexual partners as each other's legitimate medical representatives, allowing them to give consent for treatment. The petition was filed by Arshiya Takkar, who married her same-sex partner in New Zealand in 2023 and is living with her partner in Delhi. The petition highlighted the lack of clear legal framework or common law recognising 'partners in a union', making it difficult to provide consent during medical treatment or emergencies. Ms. Takkar, represented by senior advocates Saurabh Kirpal and Shyel Trehan, stated in her plea 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, filed through advocates Manjira Dasgupta and Bhargav Ravindran Thali, 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. During the hearing, Justice Sachin Datta asked the counsel representing the Centre, 'What will be in case if the person is an orphan? What if the person is living alone? Who will give consent for them?' The court directed the Centre to file its reply within four weeks.
Time of India
13 hours ago
- Time of India
Counselling for MBBS, BDS seats kicks off on July 30
Chennai: The selection committee will declare the merit list for MBBS/BDS admissions by July 25 and begin counselling by July 30, health minister Ma Subramanian said on Wednesday. The committee received 72,743 applications for admissions under govt, management, and NRI quotas this year. "The applications were scrutinized early. During the process, officials found some candidates missed important documents, including birth certificates, minority certificates, or nativity certificates. The committee has asked these candidates to make necessary corrections or submit documents before 10am on Friday," he said. These documents will be scrutinized before the merit list is released. Now, scrutiny is being carried out for candidates who applied under IRT and ex-servicemen quota. "The merit list will be released by July 25. The first round of online counselling for the allotment of seats will be held as per the schedule released by Centre's medical counselling committee starting July 30," he added. At least 20 candidates who submitted forged nativity, community, or NRI documents have been debarred from Tamil Nadu medical counselling for three years. The committee will cancel their candidature and initiate legal action against them, Subramanian said. While the embassy certificates submitted by four candidates opting for seats under the NRI quota were found to be fake, nine students submitted fake nativity certificates, while nine submitted fake community and nativity certificates, he said. While there will be no additional MBBS seats in Tamil Nadu, the directorate of medical education has applied for permission to start post-graduate seats in at least 13 institutions in courses such as general surgery, general medicine, obstetrics, and gynaecology, including 12 medical colleges and Kalaignar Centenary Super Speciality Hospitals, he said. These additional seats will increase PG seats in Tamil Nadu if they are approved by National Medical Commission, the apex regulatory authority in Tamil Nadu.
