Centre Supports Medical Decision Making Rights for Same Sex Partners

The Health Ministry has backed a Delhi High Court plea seeking to allow partners in same sex relationships to make medical decisions for each other in emergencies.

New Delhi: The Union Ministry of Health and Family Welfare has supported a plea before the Delhi High Court seeking recognition of medical decision making rights for partners in same-sex relationships.

The case concerns whether individuals in non-heterosexual or queer relationships can be included within the existing legal framework that allows partners to take certain medical decisions on behalf of one another.

The ministry has told the court that partners in same-sex relationships should not be excluded from nominating each other for such responsibilities solely because of their sexual orientation.

The matter has implications for situations in which a patient may be unable to communicate or provide informed decisions about medical treatment. The plea seeks clarity on whether a partner can be formally recognised for making healthcare-related decisions in such circumstances.

The government’s position was presented before the Delhi High Court as the court considers the broader legal and administrative questions involved. The proceedings could have implications for how hospitals and healthcare institutions handle decision-making responsibilities involving partners in queer relationships.

The case also raises questions about equal access to established healthcare procedures and the recognition of nominated partners when urgent medical decisions are required.

Further proceedings before the Delhi High Court are expected to determine the legal framework applicable to such situations.

Union Ministry of Health and Family Welfare