Put mechanism for retrieval of ‘living wills’ in place within 3 months, Bombay HC tells govt

A living will is usually made by terminally ill patients who know beforehand about their chances of slipping into a permanent vegetative state.

The written legal document consists of an “advance medical directive” (AMD) by a person about what treatment he or she would like to or not to avail at the end of their life along with preferences of medical decisions, including pain management or organ donation.

A bench of Chief Justice Alok Aradhe and Justice Makarand S Karnik disposed of the PIL by a Mumbai-based gynaecologist Dr. Nikhil Datar and two other professors seeking implementation of the Supreme Court order of January 24, 2023 easing procedure for passive euthanasia in the city.

The PIL also sought a proper mechanism for people to complete the procedure of making living wills and to die with dignity and for speedy retrieval of the said documents years after they have been made.

On Thursday, Government Pleader (GP) Neha Bhide on instructions from officials submitted that state Public Health, Urban and Rural Development departments have taken steps to implement directions issued by SC.

She added that competent officials have been appointed as custodians of medical directives across several local bodies to receive and keep the living wills of citizens who seek to die with dignity.

GP Bhide further said that a mechanism for quick retrieval of living will documents shall be put in place by the government in an expeditious manner.

Bhide produced a Government Resolution (GR) of December 12, 2024 by which the primary medical board which gives its opinion on execution of a living will, along with the secondary medical board or committees have been constituted in compliance with SC directives.

However, Datar argued that a registered medical practitioner (RMP) should be appointed on the board who will be a representative of the Chief Medical Officer (CMO).

The state also submitted that it was in process of issuing GR for Standard Operating Procedures (SOPs) for its officers for implementation of SC directions and a web portal to register living wills will soon be made available.

“Needless to state, in case any of the directions of SC are not complied with by respondents including National Medical Commission (NMC), they are under obligations to comply with the same within a reasonable time,” the bench noted in its order.

It directed the government to put a mechanism for quick retrieval of living will in place within three months.

“In case petitioner is aggrieved by Dec 12, 2024 GR, he shall be at liberty to challenge the same. In case any of directions of SC not complied with, the same shall be complied with expeditiously within four months,” the bench noted.

Disposing of the PIL, it granted liberty to the petitioner to submit representation to concerned authority in case of grievances with regard to non implementation of the SC orders and the respondents shall look into the same.