Medical Rights of Same-Sex Couples

Reference

The Delhi High Court has asked the Central government to explain its stand on why same-sex couples are not allowed to give medical consent for each other, raising concerns about the lack of legal recognition and rights.

Recent Cases

• A same-sex couple had appealed to the Delhi High Court after being denied the right to make medical decisions for their partner in an emergency.
• According to the petitioner, the hospital refused to take consent from the same-sex partner, citing lack of recognition of their relationship under Indian law.
  • The Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002 mandate the consent of the spouse, parent or guardian in case of a minor or the patient himself for medical procedures/treatment.

High Court observations

• The High Court questioned discrimination in medical rights, saying it violates the right to life (Article 21).
• It emphasised the importance of personal autonomy and the need to legalise homosexual relationships in practical matters such as healthcare.
• The High Court has sought an explanation from the Central government on-
  • Why homosexual couples are excluded from acting as medical representatives or next of kin?
  • Can non-traditional families be included in the current hospital/ICU consent framework?

Supreme Court judgment on homosexuality

• The Supreme Court decriminalised homosexuality in Navtej Singh Johar vs Union of India (2018).
  • However, there is still a lack of clear provisions regarding the civil rights of LGBTQ+ persons such as marriage, adoption and medical consent.

Implications of the High Court's observation for policy and governance

• It highlights the gaps in the personal and medical rights of gay persons.
• It signals the need for comprehensive legislation or administrative directives to ensure equal access to healthcare.
• It may influence the debate on civil union rights and legal recognition of gay couples in India.