Can non-heterosexual partners be recognised as each other's medical representatives? Delhi HC asks Govt, NMC - Video

The Delhi High Court has sought to know a response from the Central Government and the National Medical Commission (NMC) on a plea that demands same-gender partners be recognized as each other's medical representatives, by granting them the same rights as heterosexual spouses in healthcare settings.

Agreeing to take up the plea, the HC bench on Thursday issued a formal notice to the Central Government and the Apex Medical Commission.

The plea was filed by a woman who married her partner in New Zealand in December 2023. Her petition highlighted a significant gap in India's medical regulations, which currently do not explicitly acknowledge same-sex partners as next-of-kin.

Due to this, such couples have to face practical and emotional turmoil during medical emergencies. As per the latest media report by Law Trend, the petitioner argued that with her partner's immediate family living in different states or even abroad, they are often not available to provide consent for urgent medical procedures. As a result, the person closest to her partner is left legally powerless to act whereas such an act is automatically granted to a husband or wife.