Same-sex partners and unmarried couples can make medical decisions on their partner’s behalf during emergencies, provided they have been nominated or authorised to do so in the event of incapacity, the National Medical Commission (NMC) said in an affidavit in the Delhi high court on Wednesday.
The affidavit was filed in response to a petition seeking directions to the government to frame guidelines allowing same-sex partners to give consent in medical situations and emergencies. The regulation mandates consent for medical procedures and treatment from a husband or wife, parent, or guardian in the case of a minor or the patient. Arshiya Takkar, the petitioner, moved the court against regulation 7.16 of the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002. The NMC, which regulates medical education, professionals, institutes, and research, referred to the October 2023 Supreme Court judgment declining to grant legal recognition to same-sex marriages or civil unions even as it held that the state is obligated to recognise such relationships and extend a range of benefits to them.
The affidavit referred to Union health ministry’s measures to reduce discrimination and strengthen healthcare services for the queer community. The NMC noted that these measures specifically contemplate that friends or close acquaintances may be permitted to take decisions relating to their care where a relative, next of kin or family member is unavailable in the case of terminally ill patients
