Explain medical consent bar for same-sex couples, Delhi High Court tells Centre

The Delhi High Court on Thursday challenged the central government over a critical gap in medical law, demanding to know why same-sex and unmarried couples are excluded from the right to make medical decisions for each other during treatment, as per a report by Times of India.

Justice Sachin Datta, observing the current rules, stated there appeared to be "no reason" why this fundamental right should "not be available" to all couples, regardless of marital status or sexual orientation. The court has now directed the Centre and the National Medical Commission to provide an explanation within four weeks.

The case stems from rules prescribed by the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002. These state that for medical procedures, consent must be obtained from a “husband or wife, parent or guardian in the case of a minor, or the patient himself,” effectively leaving no room for unmarried or same-sex partners.

The hearing was initiated by a plea filed by one Arshiya Takkar, who argued that this lack of legal recognition leaves queer partners powerless in critical situations and amounts to discrimination.

Justice Datta also broadened the scope of the inquiry, questioning how such restrictive rules would even apply to orphans or individuals living alone, and asked the Centre to clarify this aspect as well.