Context
The Union Ministry of Health and Family Welfare and the National Medical Commission (NMC) have told the Delhi High Court that a competent adult may nominate a partner, including a same-sex partner, to take medical decisions if the person later becomes incapacitated, subject to legal safeguards.
Explanation
- Patient autonomy means a competent adult has the right to make informed decisions regarding their own medical treatment.
- The Centre argues that an authorised partner should not be excluded merely because of sex, gender, sexual orientation or absence of legally recognised marriage.
- If no prior nomination exists, a partner may, in appropriate cases, be considered a next friend/person in a relationship of care, subject to verification and safeguards.
- In Common Cause v. Union of India (2018), the Supreme Court recognised Advance Medical Directives (living wills) under Article 21; their procedure was simplified in 2023.
- In Supriyo v. Union of India (2023), the Supreme Court discussed extending practical entitlements to queer couples, including consideration as family for certain medical decisions.
- The present issue concerns medical decision-making rights, not legal recognition of same-sex marriage.
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Medical Decision Rights: Same-Sex Partners and Consent