SocietyHealth Ministry says queer partners should not be excluded from medical decision-making nominations
In the Delhi High Court, the Centre said a competent adult can authorise a partner to act on their behalf even when the relationship is not legally recognised as marriage.
THE INDIQA Research DeskPublished 16 Sept 2026Updated 16 Sept 20261 min read
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.
CIVIL SERVICES VIEWStudy this development
GS-IIPersonal autonomy, health law and rights of queer personsPrelims: MediumMains: HighAdvanced
Why this matters
The Health Ministry supported allowing queer partners to be nominated for medical decision-making subject to existing law and safeguards.
Key facts
- The Mental Healthcare Act, 2017 recognises nominated representatives in specified contexts.
- A nominated medical representative need not always be a spouse or blood relative.
Key terms
- medical representative
- Delhi High Court
- queer rights
- autonomy
- Mental Healthcare Act
Background and concepts
The case distinguishes marriage recognition from a competent adult's right to choose a medical representative.
Arguments, challenges and policy responses
- Autonomy and dignity
- Health-care decision making
- Rights without marriage recognition
India’s context
The case could clarify practical rights in health emergencies for queer couples without changing marriage law.
Keep in mind
The Health Ministry's position in this case does not amount to legal recognition of same-sex marriage.
Practice question
How can law protect personal autonomy in medical decisions even when family relationships fall outside traditional legal categories?
Revision summary
- The Mental Healthcare Act, 2017 recognises nominated representatives in specified contexts.
- A nominated medical representative need not always be a spouse or blood relative.
- Autonomy and dignity
- Health-care decision making
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