Same-Sex Partners, Unmarried Couples Can Make Medical Decisions: NMC to Delhi HC
The government said the nomination could be allowed with safeguards and existing law, citing dignity, privacy and equality for LGBTQIA+ couples.
- The Union Ministry of Health and Family Welfare and the National Medical Commission informed the Delhi High Court that adults, including those in same-sex relationships, can nominate partners to make medical decisions during incapacity.
- Arshiya Takkar filed the petition last year through advocates Manjira Dasgupta and Bhargav Ravindran Thali, challenging Clause 7.16 of the Indian Medical Council Regulations, 2002, which limits consent to 'husband or wife, parent or guardian.'
- Responding to her plea, the Centre submitted that allowing a competent adult to nominate a partner is 'substantially capable of being accommodated within the existing legal and ethical framework,' subject to appropriate safeguards and applicable law.
- Officials stated the Centre respects constitutional guarantees of dignity, autonomy, and equality for the LGBTQIA community, asserting no medical or ethical rationale exists to exclude partners based on sex, gender, or sexual orientation.
- On Thursday before Justice Swarana Kanta Sharma, the petition comes up for hearing after the judge previously questioned the Centre's year-long failure to respond to the plea seeking recognition for same-sex couples as medical representatives.
10 Articles
10 Articles
Adults can nominate queer partners for medical decisions, Centre tells HC
The Centre has informed the Delhi High Court that adults, including those in non-heterosexual relationships, should be allowed to nominate partners for medical decision-making in cases of incapacity. This submission comes in response to a petition seeking recognition of same-sex partners as medical representatives, with the government stating this approach aligns with existing legal and ethical frameworks, respecting patient autonomy and ensurin…
Centre, NMC Tell Delhi HC Queer Partners Can Be Recognised for Medical Decisions if Authorised by Patient
Get latest articles and stories on India at LatestLY. In an affidavit filed before the High Court in a plea seeking recognition of non-heterosexual partners as medical representatives, the Union of India and NMC said that the relief sought by petitioner Arshiya Takkar is “substantially capable of being accommodated” within the existing legal and ethical framework. India News | Centre, NMC Tell Delhi HC Queer Partners Can Be Recognised for Medica…
In Delhi High Court, Government backs plea to let same-sex partner take medical call for the other
The ministry filed its response on September 9, ahead of the next hearing on Thursday. On August 20, the HC had questioned the Centre for its failure to respond to the petition.
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