Delhi High Court seeks Centre’s stand on same-sex partners’ medical consent plea

A Delhi couple’s request to let same-sex partners give medical consent for one another in an emergency has brought the Centre’s pending response before the Delhi High Court.

Justice Swarana Kanta Sharma noted that notices had gone to the Centre and the National Medical Commission in July 2025, yet neither had filed its stand. The court asked the authorities to explain their position on the plea, which seeks legal recognition and guidelines for same-sex partners to make healthcare decisions for each other.

The petitioner has been in a relationship with her partner since 2015. They married in New Zealand in 2023 and have lived together in Delhi since 2018.

During the hearing, the judge orally observed that the law permits same-sex live-in relationships and said rules and regulations must account for the practical needs that follow from such relationships. Justice Sharma referred to cases in which families do not accept a person’s relationship.

Government counsel sought more time, saying he had been appointed recently. The Centre and the medical regulator are now expected to place their positions before the court.