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.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Indian Express
18 minutes ago
- Indian Express
Courts will have to release NIA and UAPA accused if special courts not set up: SC to Centre
The Supreme Court Friday pulled up the Centre and Maharashtra government for not creating courts for cases under special statutes. A bench of Justices Surya Kant and Joymalya Bagchi said in its order: 'If the authority fails to establish courts with requisite infrastructure for conducting speedy trial under the NIA Act and other special statutes, the court would invariably be forced to release the accused on bail…' The bench told Additional Solicitor General Rajkumar Bhaskar Thakre, appearing for the Centre and Maharashtra government, that designating the existing courts as special courts amounted to 'coercing' the high court to relabel them. '…no effective or visible steps have been taken to set up special courts for speedy trial in cases under NIA Act and other special statutes. It goes without saying that setting up of special courts would require creation of posts for superior judicial officers, staff, courtroom and basic amenities,' the bench said. The court said an impression was created that the designation of an existing court as special court would be sufficient compliance of its directives. 'We are outrightly rejecting this plea taken by the respondents (Centre and Maharashtra government),' the bench said.
Indian Express
18 minutes ago
- Indian Express
Delhi Confidential: Heavy hitters
Senior advocate Kapil Sibal is learnt to be leading the battery of lawyers appearing for Justice Yashwant Varma in the challenge against in-house inquiry mechanism that indicted him. Sibal will be joined by former Attorney General Mukul Rohatgi, and Senior Advocates Sidharth Luthra and Siddharth Agarwal. Both Sibal and Luthra have handled impeachment proceedings in the past. While Sibal appeared for Justice V Ramaswami in 1993 and spearheaded the motion against former CJI Dipak Misra, Luthra appeared for Justice S K Gangele. Soft Diplomacy Many delegates, who were part of the post-Operation Sindoor global outreach, had called for more soft diplomacy and exchange programmes. Lok Sabha Speaker Om Birla seems to have taken this up. During a meeting Friday with a South Korean delegation led by former prime minister Kim Boo Kyum, Birla proposed the idea of parliamentary friendship groups from the Indian side. Such groups from both sides are expected to have interactions in future. Quick Exit Many officials and politicians tend to overstay in their official bungalows long after demitting office. Former IAS officer Amitabh Kant, however, vacated his official bungalow at 6, New Moti Bagh within a month of resigning as India's G20 Sherpa on June 15.
The Print
33 minutes ago
- The Print
34 Indian fishermen detained in Bangladesh, India formally raises issue with Dhaka, seeks prompt release
'As soon as information about the incident was received, our High Commission in Bangladesh took up the matter with Bangladeshi authorities through diplomatic channels,' a government source said. Indian officials say the country's High Commission in Dhaka is actively pursuing consular access and pressing for the safe and early return of both the fishermen and their vessels. New Delhi: Days after 34 Indian fishermen were detained by the Bangladesh Navy for allegedly straying into Bangladeshi territorial waters while fishing in the Bay of Bengal, the Indian government has formally raised the issue with Dhaka, seeking their prompt release. 'We are constantly pursuing the matter for facilitating the safe and early return of all the fishermen along with their boats,' they further added. The fishermen, all residents of Kakdwip in West Bengal's South 24 Parganas district, were apprehended late on the night of July 14–15, along with two Indian fishing trawlers, FB Jhor and FB Mangalchandi for allegedly crossing the International Maritime Boundary Line and fishing in Bangladeshi territorial waters. The vessels were intercepted late yesterday near the Fairway Buoy area in the deep sea and the detained fishermen were then taken to Mongla, Daily Star reported Tuesday. The West Bengal state government is also coordinating with Indian diplomats in Bangladesh in an effort to expedite the release. The arrest underscores ongoing tensions along the maritime boundary between India and Bangladesh, where fishermen on both sides frequently navigate contested or poorly demarcated waters. This is not an isolated incident. In October 2024, 95 Indian fishermen and six trawlers were detained by Bangladeshi authorities and were released only after serving nearly three months in prison. (Edited by Viny Mishra) Also read: Day after India's appeal to reconsider demolition, Yunus govt denies Satyajit Ray link to Bangladesh building
