The Union Health Ministry has told the Delhi High Court that a person in a queer relationship should not be excluded from being nominated to take medical decisions for a partner merely because of sex, gender or sexual orientation.
The ministry maintained that the legal term 'spouse' under existing marriage laws continues to apply to heterosexual marriages, consistent with the Supreme Court's 2023 same-sex marriage ruling. But it also said existing legal and medical frameworks can recognise an authorised representative who is not a spouse or blood relative.
The case therefore separates two questions that are often treated as one: recognition of marriage and recognition of a person's chosen medical representative. The High Court will consider how existing law applies to that distinction.
