Delhi HC Issues Notice to Centre on Plea Seeking Medical Consent Rights for Queer Couple

The Delhi High Court on Thursday, July 17, issued notice to the Centre in a plea seeking legal recognition of non-heterosexual partners as medical representatives during medical treatment.

A bench presided over by Justice Sachin Datta, while seeking responses from the Union of India and the National Medical Commission (NMC), asked, 'What happens in the case of an orphan? What if the person is living alone? Who will give consent for them?"

The instant petition was filed by one Arshiya Takkar, a queer individual, seeking directions to the Centre to frame guidelines enabling same-sex partners to give valid consent during medical treatments and emergencies.

The plea cited Clause 7.16 of the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002, which mandates that consent for medical procedures/treatment must be obtained from the husband or wife, parent or guardian in the case of a minor, or the patient himself or herself.

It has been contended that due to the existing provision, same-sex or non-heterosexual partners are left without any authority to take medical decisions for each other, unlike heterosexual couples who have this right readily available.

The plea further submitted that this lack of recognition results in a disparate impact on non-heterosexual couples and violates their fundamental rights under Articles 14 and 21 of the Constitution. It also emphasises that this systemic omission amounts to discrimination on the basis of sex.

Alternatively, the petitioner has sought a declaration that a medical power of attorney, executed in advance by a patient in favour of their non-heterosexual partner, should be deemed legally enough for designating the partner as their medical representative.

Case Title: Arshiya Takkar v. Union of India & Ors.

Order Date: 17 July 2025

Bench: Justice Sachin Datta

With PTI inputs