Overview

• A petition by Arshiya Takkar challenges Indian Medical Council rules limiting consent to spouses, parents or guardians, arguing they exclude queer and unmarried partners.
• Justice Sachin Datta questioned why medical decision-making authority cannot extend to same-sex or live-in couples and those estranged from family.
• The Centre’s counsel countered that unmarried heterosexual couples face the same exclusion, asserting there is no targeted discrimination against queer partners.
• The plea seeks court-mandated guidelines for hospitals to recognise non-heterosexual partners as medical representatives and to validate advance medical powers of attorney.
• The case is slated for further hearing on October 27, 2025, as part of strategic litigation to secure incremental LGBTQIA+ rights after the Supreme Court’s marriage decision.