Delhi HC Questions Centre’s Silence On Same-sex Partners’ Medical Rights Plea

The Delhi High Court on Thursday questioned the Centre over its failure to respond for more than a year to a petition seeking medical rights for same-sex partners. The plea seeks legal recognition for same-sex partners as medical representatives during treatment and emergencies.

The court had issued notices to the Centre and the National Medical Commission (NMC) in July 2025. However, neither has filed a response more than a year later.

“You need to tell me what your stand is. This fight is what for?” Justice Swarana Kanta Sharma said. The court listed the matter for further hearing on September 17, 2026.

Court Questions Legal Disparity

Justice Sharma observed that if same-sex couples are allowed to live together as partners, the law should also reflect that reality.

“The law recognises a live-in relationship between a man and a woman. Why will it not allow a live-in relationship between a man and a man?” she said.

The court also referred to the social challenges faced by people in same-sex relationships, noting that those who choose a path not followed by the majority can face rejection, including from their families.

A government counsel sought more time to obtain instructions from the authorities, saying he had been appointed recently.

Senior advocate Saurabh Kirpal, appearing for the petitioner, said the Centre had already been given a final opportunity in July to file its counter-affidavit but had failed to do so.

Medical Rights Plea

The petition was filed by a woman who has been in a relationship with her partner since 2015. The couple married in New Zealand in 2023 and have lived together as same-sex partners in Delhi since 2018.

The plea highlights the absence of a clear legal framework recognising same-sex partners as medical representatives, particularly when one partner needs to make decisions during treatment or an emergency.

The petitioner has sought guidelines directing hospitals and doctors to recognise non-heterosexual partners as medical representatives and allow them access during medical treatment.

Alternatively, she has sought a declaration that a medical power of attorney executed in advance by a patient should be sufficient for their same-sex partner to act as their medical representative.

The petition states that existing regulations refer to consent from a “husband or wife, parent or guardian in the case of a minor, or the patient himself”, but do not explicitly recognise partners in same-sex unions.

As a result, same-sex partners may be unable to make critical medical decisions for each other, even when immediate family members are in different states or countries and unavailable during an emergency.