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HC questions Centre on same-sex couple rights

By Sohail Khan 20 August 2026, 7:51 pm

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Business News›News›India›Delhi HC seeks Centre’s stand on medical rights for same-sex partners

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Delhi HC seeks Centre’s stand on medical rights for same-sex partners

Synopsis

The Delhi High Court questioned the Centre's year-long delay in responding to a key petition. This plea seeks legal recognition for same-sex partners as medical representatives. The court noted existing laws recognize live-in relationships between men and women. It highlighted social challenges faced by same-sex couples and their families. The matter has been listed for further hearing on September 17.

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High-Court---Getty — The court had issued notice to the Centre and the National Medical Commission (NMC) in July 2025 but noted that neither had filed a response despite the passage of a year.

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

A bench of Justice Swarana Kanta Sharma observed that if same-sex couples are allowed to live together as partners, the rules 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?” the court asked.

The court also flagged the social challenges faced by people in same-sex relationships. “Whenever a person chooses a path which is not a path taken by the majority, they will be targeted or looked down upon; or not looked down but will not be accepted. I have many cases where the families give them up and do not accept the relation,” Justice Sharma said.

The court had issued notice to the Centre and the National Medical Commission (NMC) in July 2025 but noted that neither had filed a response despite the passage of a year. “You need to tell me what your stand is. This fight is what for?” the court said.

Also Read | Knot possible: Even as law denies same-sex couples the right to marry in India, art is imagining and celebrating such unions

Government counsel sought additional time to obtain instructions from the authorities, saying he had been appointed recently. Senior advocate Saurabh Kirpal, appearing for the petitioner, told the court that the Centre had already been given a final opportunity in July to file its counter-affidavit but had failed to do so.

The matter has been listed for further hearing on September 17.

What is the case about?

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 partners in same-sex unions as medical representatives, particularly when a partner needs to make decisions during treatment or an emergency.

Also Read | Same-sex couple challenges Income Tax provision that exempts gifts only between spouses

The petitioner has sought guidelines requiring 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 to allow their same-sex partner to act as their medical representative.

The petition argues 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.

According to the plea, this leaves same-sex partners without the ability to make critical medical decisions for each other, even when immediate family members may live in different states or countries and may not be available during an emergency.

(With inputs from agencies)

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