New Delhi, 16 September (H.S.): The Central government has said that a competent adult should be permitted to nominate their same-sex partner to make healthcare-related decisions on their behalf, so that the partner can take such decisions if the individual subsequently becomes incapacitated.

The Union Ministry of Health and Family Welfare and the National Medical Commission (NMC) made the submission before the Delhi High Court. The Centre said that, subject to existing laws and appropriate safeguards, such an arrangement could be incorporated into the legal and ethical framework. The NMC made the submission in an affidavit filed before the Delhi High Court in response to a petition filed by Arshiya Takkar, seeking guidelines to recognise a patient's non-heterosexual partner as their medical representative and permit the partner to provide consent in medical situations.

In its affidavit, the Central government said it recognises and respects the constitutional rights to dignity, privacy, autonomy, equality and personal choice enjoyed by all individuals, including members of the LGBTQ community. The Centre clarified that its response was not intended to question the constitutional protections available to people in queer relationships.

Arshiya Takkar's petition seeks a direction that a medical power of attorney executed in advance by a patient in favour of their non-heterosexual partner should be considered sufficient to enable that partner to act as the patient's authorised medical representative during treatment or in a medical emergency.

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Hindusthan Samachar / Jun Sarkar