NEW DELHI: Delhi HC Thursday sought Centre’s explanation for excluding same-sex couples from the right to make medical decisions for each other during treatment.
Justice Sachin Datta observed there appeared to be no reason why this right should “not be available” to same-sex or unmarried couples under Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002. It directed Centre and National Medical Commission to respond within four weeks.
The 2002 regulations state that consent for medical procedures must be obtained from “husband or wife, parent or guardian in the case of a minor, or the patient himself.”
HC was hearing a plea by Arshiya Takkar seeking legal recognition for queer couples to make medical decisions for partners during emergencies. The plea argued that lack of guidelines leaves queer partners powerless in critical situations and amounts to bias.
Justice Datta also questioned how the rules applied to orphans or people living alone and asked Centre to clarify.
Justice Sachin Datta observed there appeared to be no reason why this right should “not be available” to same-sex or unmarried couples under Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002. It directed Centre and National Medical Commission to respond within four weeks.
The 2002 regulations state that consent for medical procedures must be obtained from “husband or wife, parent or guardian in the case of a minor, or the patient himself.”
HC was hearing a plea by Arshiya Takkar seeking legal recognition for queer couples to make medical decisions for partners during emergencies. The plea argued that lack of guidelines leaves queer partners powerless in critical situations and amounts to bias.
Justice Datta also questioned how the rules applied to orphans or people living alone and asked Centre to clarify.
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