Can queer partners make decisions in medical emergencies? Centre informs Delhi HC
New Delhi: The Union Ministry of Health and Family Welfare have informed the Delhi High Court that a competent adult should be permitted to nominate their partner, including a partner in a non-heterosexual or queer relationship, to take healthcare decisions on their behalf if they subsequently become incapacitated.
The submission, made before Justice Swarana Kanta Sharma’s bench, is in the ongoing proceedings in a case which raise the issue of recognising non-heterosexual partners as medical representatives for consent and healthcare decisions.
As per the petition, Clause 7.16 of the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002 mandates consent for medical procedures or treatment from a “husband or wife, parent or guardian in the case of minor, or the patient himself”. The plea submitted that the provision lacks explicit recognition of partners in a union and renders the petitioner effectively powerless to make critical medical decisions for her partner, a right which is readily available to heterosexual partners or couples.
The Union Health Ministry submitted an affidavit on 16th September 2026, it explained that when a competent adult selects a partner to act on their behalf if they become incapacitated, there is no ethical or medical basis to disqualify that nominee based on sexual orientation or because their relationship falls outside traditional definitions of marriage, provided appropriate legal safeguards are maintained.
The Centre elaborated: "Where a competent adult has nominated or otherwise Authorised his/her partner to act on his/her behalf in the event of incapacity, there appears to be no medical or ethical rationale for excluding such person merely on account of the sex, gender or sexual orientation of the partners or because their union does not fall within the conventional understanding of marriage." This statement, subject to "appropriate safeguards and the applicable law," reflects a recognition that relationships of care and mutual responsibility extend beyond formal marital or blood ties.
The affidavit further relied on Clause 7.16 itself, arguing that it should be read "harmoniously and purposively" with the existing legal framework to avoid exclusion. It also noted that in the absence of prior nomination, a partner may be considered a "person in a relationship of care/next friend" for medical decision-making, subject to verification and safeguards.
The matter is listed for further hearing on 05/10/2026 at 2:30 pm.
To read the order, click on the link below:
