The National Medical Commission (NMC) confirmed that same-sex partners and unmarried couples are allowed to make medical decisions for their partners during emergencies. This applies if they have been officially nominated or authorized to act on their partner’s behalf in cases of incapacity. This statement was made in an affidavit submitted to the Delhi High Court on Wednesday.
Court Petition Challenges Medical Consent Regulations for Same-Sex Partners
An affidavit has been filed in response to a petition urging the government to establish guidelines that would allow same-sex partners to provide consent in medical emergencies. The petitioner, Arshiya Takkar, is contesting regulation 7.16 of the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002, which currently requires consent for medical procedures from a spouse, parent, or guardian for minors.
The National Medical Commission (NMC), which oversees medical education and practices in India, referenced a Supreme Court ruling from October 2023. This ruling denied legal recognition for same-sex marriages and civil unions but noted that the state has a duty to acknowledge such relationships and offer various benefits to them.
Union Health Ministry Enhances Care for Terminally Ill Patients
The Union health ministry has implemented measures aimed at reducing discrimination and improving healthcare services for the queer community. Notably, the National Medical Commission (NMC) has indicated that these initiatives allow friends or close acquaintances to make healthcare decisions for terminally ill patients when family members or next of kin are not available.
