The Centre and the National Medical Commission (NMC) have told the Delhi High Court that a competent adult can nominate a partner, including a partner in a same-sex relationship, to make medical decisions if the person becomes incapacitated.

The submission came during the hearing of a petition filed by Arshiya Takkar, who has been in a relationship with her partner since 2015. The couple married in New Zealand in 2023 and has lived together in Delhi since 2018.

Takkar’s plea raised concerns about what could happen if either partner becomes unable to make medical decisions. She argued that same-sex couples may face uncertainty over whether their partners can legally act on their behalf during a medical emergency.

The Centre’s position indicates that an adult may nominate another person to act as a medical representative, regardless of whether the relationship is heterosexual or non-heterosexual, provided the nomination complies with applicable law and safeguards.

The NMC has also supported the position that a duly nominated partner may participate in medical decision-making when the patient is incapacitated. The clarification could provide greater certainty for same-sex couples dealing with critical healthcare situations.

However, the submission does not amount to legal recognition of same-sex marriage in India. The Supreme Court’s 2023 judgment declined to recognise a fundamental right to marry for same-sex couples and left the question of creating such a legal framework to Parliament.

The Delhi High Court case therefore focuses on a narrower issue: whether an individual’s chosen partner can act as their medical representative when the individual is unable to make decisions themselves.