Petition in Delhi HC seeks medical consent rights for same-sex partners
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.
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