Mumbai: Bombay high court on Thursday lamented that the authorities were lax, in spite of the Supreme Court order, in proper implementation of necessary mechanisms for registration and execution of living wills.
“It is unfortunate that a person has to file a petition to comply with directions of the Supreme Court. Why can’t you have a permanent secondary board?” asked a division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Amit Borkar.“Every doctor is registered. You nominate one permanent doctor? Why can’t you do this?” They went on and asked exasperatedly, “Why is it that every time you say, ‘will seek instructions’?” when the state and civic lawyers said they wanted time to get the correct information and status updates.

The HC was hearing a public interest litigation (PIL) filed by Mumbai gynaecologist Dr Nikhil Datar and others seeking judicial intervention to ensure that the government sets up a proper mechanism for living wills (LW) — Advanced Medical Directive, by a citizen, as directed in 2023 by the SC. The LW allows patients who don’t want invasive treatments in case of any eventuality to instruct the path they wish to opt for.
The HC had in January sought replies from the Maharashtra government, BrihanMumbai Municipal Corporation (BMC) and Central government in six weeks in response to the PIL and posted it for further hearing. The state filed its reply, but the BMC has yet to. On Thursday, BMC sought and was granted two weeks to file its reply.
On Thursday, Dr Datar sought to implead Union ministry of health and the National Medical Commission as parties too. HC permitted him to do so and issued notice to both. HC also gave govt pleader PP Kakade two weeks to apprise the state of Dr Datar’s rejoinder and to file a reply to that. The HC will hear the matter next on July 18.

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