Delhi HC asks why same-sex partners cannot give medical consent

The Delhi High Court on Thursday questioned why same-sex partners who have the right to live in a relationship should be denied the choice to give medical consent for each other. Justice Swarana Kanta Sharma made the remark while hearing a plea by Arshiya Takkar seeking guidelines to recognise non-heterosexual partners as medical representatives for consent in emergencies.

The court noted that the central government has not filed a counter affidavit even a year after notice was issued in July 2023. Senior advocate Saurabh Kirpal argued that the Supreme Court's ruling on same-sex marriage recognised the right to a relationship, and denying medical consent would violate Article 21 of the Constitution. The judge remarked that the issue is limited and safeguards could be provided without changing laws.

The petitioner contends that Clause 7.16 of the Indian Medical Council Regulations, which requires consent from a spouse or parent, excludes same-sex partners, violating Articles 14 and 15. The court directed the government to file a counter affidavit within a week and said the matter will be decided next month.