NEW DELHI: The High Court on Thursday questioned the Centre on why the law recognises live-in relationships between a man and a woman but does not extend similar recognition to same-sex couples. Justice Swarana Kanta Sharma raised the issue while hearing a petition filed by LGBTQ community member Arshiya Takkar, who seeks to have her partner appointed as her medical representative.
The court questioned the government’s stand and asked why safeguards could not be provided to people in same-sex relationships who choose their partners to make decisions on their behalf.
Senior advocate Saurabh Kirpal, appearing for Takkar, said the Centre had failed to file its counter affidavit despite the matter being pending since July last year. He pointed out that the court had previously granted the government a “last opportunity” to file its response.
The judge observed that people who choose relationships outside societal norms are often not accepted by their families. She said that in such circumstances, a partner should be allowed to take important decisions, particularly when the family does not support the relationship.
The court also highlighted practical concerns involving inheritance, medical consent and funeral rights. The judge said that if a person in such a relationship dies, their partner could face difficulties in claiming the body.
The court observed that a person should be able to choose their partner to provide consent for medical procedures, manage their estate and perform their last rites. The court posted the matter for further hearing on September 17.
Also in court
HC seeks action on Sai Baba videos
The HC directed the Centre to consider a complaint seeking removal of certain YouTube videos allegedly targeting Shirdi Sai Baba. Justice Swarana Kanta Sharma sought responses from MeitY, GAC and Google LLC. The matter will be heard next on September.
Plea junked on use of social media by kids
The High Court on Thursday declined to entertain a plea seeking a ban or regulation on children’s social media use, saying the matter falls within the Centre’s policy-making domain. It asked authorities to consider the concerns after consulting stakeholders.