New Delhi, Jul 17 (PTI) The Delhi High Court on Thursday issued notice to the Centre on a petition seeking recognition of non-heterosexual partners as medical representatives during medical treatment.
The petitioner alleged the current rules in the country lacked a clear legal framework or common law recognition for “partners in a union” to be acknowledged for consent during medical treatment and emergencies.
Justice Sachin Datta directed the the government of India to file its reply within four weeks on the plea filed by a woman, who was in relationship with her partner since since 2015 and both got married in New Zealand in 2023.
The judge asked the counsel representing the government, “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 counsel for the petitioner claimed during the hearing that there was a big lacuna “not just for the queer couples, but public at large”.
“Union of India cannot be so unkind,” the counsel said.
Advocates Manjira Dasgupta and Bhargav Ravindran Thali represented the petitioner and advocate T Singhdev appeared for the National Medical Commission.
The plea said the existing regulation was vague as it mandated consent for medical procedures and treatment from a “husband or wife, parent or guardian in the case of minor, or the patient himself”.
It argued the lack of explicit recognition of partners in a union renders the petitioner effectively powerless to make critical medical decisions for her partner, or vice-a-versa, a right readily available to heterosexual partners/couples under the prevailing regulations.
The petitioner pointed out the “critical need” for recognition of their union in medical contexts, submitting that her partner’s immediate family members were living in different states or countries, making them potentially inaccessible during a medical emergency.
“Alternatively, the petitioner seeks a declaration that a medical power of attorney given in advance by a patient to their non-heterosexual partner shall be sufficient for such partner to act as the duly constituted medical representative. These prayers seek to address the current legal vacuum and ensure the fundamental right to care for one’s partner in medical crises is afforded to all,” the petition said.
The lack of legal recognition leads to “a disparate impact” and violates the constitutional obligation to acknowledge their union under the Constitution of India and “this systemic exclusion/omission” also constitutes discrimination on the ground of sex, violating fundamental right, it added. PTI UK UK AMK AMK
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