Bombay HC: PIL on mechanism for Living Will raises good public cause, seeks reply from govt, civic body in 6 weeks

MUMBAI: Bombay high court on Friday observed orally that a city doctor has raised a “good public cause’’ in his petition seeking judicial intervention to ensure that the government sets up as directed by the Supreme Court, a mechanism for living wills (LW)-- Advanced Medical Directive, by a citizen.
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 sought replies from the Maharashtra government, BrihanMumbai Municipal Corporation (BMC) and Central government in six weeks in response to the Public interest litigation (PIL) and posted it for further hearing on March 8.
A gynaecologist, Dr Nikhil Datar, had filed the PIL to highlight the lack of mechanism and mandated infrastructure in terms of a ‘custodian' being appointed to ensure enforcement of a January 2023 order of the SC.
The SC had, last year, bringing closure to a 2005 petition, directed the creation of a mechanism to give effect to citizens’ right to die with dignity through execution of advanced medical directives.
A division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Arif Doctor said to the civic counsel, “it is a good public cause. The SC has already passed directions.’’
Dr Datar, 53, among the first to notarise a living will in the city, was arguing in person, before the HC. The PIL has two assistant professors from Maharashtra National Law School, Mumbai, Drs Anand Raut, 37 from Amravati and Garima Pal, 34 from Mumbai, both as co-petitioners.
Submitting that it is the “duty of every citizen to make a living will,’’ Dr Datar sought directions from the HC to enforce the obligation cast on civic bodies, local government to appoint a custodian and for nomination of one doctor to be a member of a ‘secondary board’ envisaged to be part of the mechanism.
He said he had notarised his LW on February, 23, 2023 and sent a copy by registered post to the civic chief asking him to nominate a custodian for its safe keep. He later last July, with no revert from BMC, even filed an application under the Right to Information Act (RTI) Act for name of the official, but till filing of the petition, said he received no “concrete information so far.’’
The HC observed in its order that State government pleader PP Kakade and the civic advocate waive notice and it took on record the appearance of a lawyer who normally appears for the Centre.
The PIL said on January 24, 2023, the SC had modified its 2018 order “to make the procedure of removal (withholding) of life support from terminally ill patients and doctors by limiting the role played by government officials.’’
The SC judgment had said, “A copy shall be handed over to the competent officer of the local government or municipality or panchayat…the authorities shall nominate a competent official …to be the custodian of the document (LW).’’ The SC said the executor of the Living Will “may also choose to incorporate their Advance Directive as part of the digital health records, if any.’’
Dr Datar said he hence made the union Ministry of Electronics and Information Technology, a party to the PIL.